Blank v. Department of Corrections

We granted leave in this case to review a 1997 Court of Appeals decision1 in which that Court held unconstitutional §§45 and 46 of the Administrative Procedures Act2 (apa). I would affirm in part.

I. FACTUAL AND PROCEDURAL BACKGROUND

In 1977, the Legislature enacted an amendment to the apa. It required administrative agencies to obtain the approval of a joint committee of the Legislature or the Legislature itself before enacting new administrative rules. The statute now states in relevant part:

*109(8) If the committee approves the proposed rule within the time period provided by subsection (6), the…