Legal Opinion · Dissent

Michigan Charitable Gaming Association v. State of Michigan

Michigan Court of Appeals

Decided May 28, 2015No. Docket 323410Published

1DissentMeter, J.

Because I conclude that the Legislature did not intend to allow for a rule to be submitted to the Joint Committee on Administrative Rules (JCAR), withdrawn, altered, and then resubmitted without its having gone again through the rule-making process, I respectfully dissent.

MCL 24.245a(7) states:

An agency may withdraw a proposed rule under the following conditions:(a) With permission of the committee chair and alternate chair, the agency may withdraw the rule and resub*610mit it. If permission to withdraw is granted, the 15-session-day time period described in subsection (1) is tolled until the…

2Cases cited4 opinions

  1. Bush v. ShabahangMichigan Supreme Court · 2009
  2. Edgewood Development Inc. v. LandskroenerMichigan Court of Appeals · 2004
  3. EDGEWOOD DEV. INC. v. LandskroenerMichigan Court of Appeals · 2004
  4. Ottawa County v. Police Officers Ass'nMichigan Court of Appeals · 2008

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