Blank v. Department of Corrections

INTRODUCTION

In these cases, we are called on to decide the constitutionality of a current statutory scheme that essentially requires that administrative rules established by the Michigan Department of Corrections (DOC) and other state administrative agencies be submitted to a joint committee of the Legislature for approval before becoming effective. We hold that the existing procedure, which effectively empowers the Legislature’s Joint Committee on Administrative Rules (jcar) to veto administrative rules, fails to satisfy the enactment and presentment provisions of the Michigan Constitution,…