1001 - DEVELOPMENT AND ESTABLISHMENT OF STATUTE, ADMINISTRATIVE RULE, NATURAL RESOURCES COMMISSION ORDER, DIRECTOR'S ORDER, DECLARATORY RULING, POLICY, POSITION STATEMENT AND ADMINISTRATIVE PROCEDURE.
Issued March 11, 1993. 

Commission Policy No. 1021 Dated:  July 12, 1985

Office of Policy and Program Development

The public policy making process in a democratic society is quite complex.  In a broad sense, all levels and branches of government (legislative, executive, judiciary and the administrative agencies) make public policy.  Various parts of "public policy need to be defined in order to understand the hierarchy and how they interrelate in their development, implementation and administration.  The purpose of this Commission Policy is to establish such definitions to provide consistent interpretation and application in the administration of the Michigan Department of Natural Resources.

The following definitions in the administration of the Department of Natural Resources will be used to provide consistent interpretation and application of each instrument in meeting the agency's obligations to serve the public.

Definitions and Application:

I.          Statute - A law enacted by the Legislature of Michigan, any other state, or the Congress of the United States declaring, commanding or prohibiting something.

II.          Administrative Rule - A standard, guide, regulation or instruction of general applicability which is established to implement or enforce provisions of a statute administered by the Department.  Rules must be promulgated pursuant to the Administrative Procedures Act, Public Act 306 of 1969, as amended, or the procedures outlined in an enabling statute.

III.         Natural Resources Commission Order - A standard, or regulation, usually having

greater specificity than an administrative rule and with a statewide impact.  Authority is specifically granted to the Commission by a statute administered by the Department.

IV.        Director's Order - A standard, or regulation, usually having greater specificity and a more localized impact than a Commission Order.  Authority is specifically delegated to the Director by a statute administered by the Department.

V.        Declaratory Ruling - A written interpretation by the Department as to the applicability of a statute or rule administered by the Department relative to a questions) on a specific set of facts or circumstances.

VI.        Policy - A written statement which serves to define philosophy and direction for the administration of the Department.  Policy emphasis by the Natural Resources Commission shall focus on addressing significant resource and environmental issues having important long-term environmental consequences.  The Department of Natural Resources shall focus on implementing these policies.  Department policy and procedures shall insure that the internal operation and administration of the Department are directed at accomplishing its mission and meeting its statutory responsibilities.  A policy shall only be binding on the operation of the Department, and shall not be implemented in place of administrative rules.  Policies shall be reviewed in relationship to the definition of "guidelines" to determine if notice and filing pursuant to Public Act 306 of 1969 is required.

VII.       Position Statement - A written expression of opinion by the Department or the Natural Resources Commission on an issue relating to natural resources or environmental protection.

VIII.      Administrative Procedures - Written instructions and procedures necessary to implement policy, establish organizational structure, or carry out Department programs or operations.  Includes Director's Letters, Directives, and Department and Division/Office policy and procedures.

Principles for Formulation and Adoption:

Each of the previously defined terms (instruments) has the effect of framing the operation of the Department internally, and in some cases defining the relationship between the Department and the citizens served or regulated.  With the exception of a statute, which is solely the prerogative of the Legislature, the Department has the administrative duty for the formulation and adoption of each instrument.  The specific point within the Departmental administrative structure where these responsibilities are executed is dependent on the type of instrument.  The following statements define the appropriate level of administrative execution of the instruments and form a basis for the development of more detailed administrative directives and procedures:

I.          Administrative Rule - The Division which has been designated by the Director as responsible for the administration of a statute shall be responsible for the formulation, preparation and processing of appropriate administrative rules, following the "Procedures for Administrative Rules."

II.          Natural Resources Commission Order - The Division designated by the Director as responsible for the administration of the statute permitting Commission Orders shall initiate the preparation of Natural Resources Commission Orders in cooperation with, and using guidelines provided by the Law Enforcement Division.  All program units of the Department affected by a proposed order shall participate in the formulation of the order.  The Law Enforcement Division shall insure the proper formulation, preparation, processing, and distribution for all orders using established statutory and Commission guidelines.  All orders shall be approved by the Natural Resources Commission.  Original approved Commission Orders shall be retained in the Law Enforcement Division and shall be entered into a consolidated Natural Resources Commission Order Manual.

III.         Director's Order - The Division designated by the Director as responsible for the administration of a statute permitting Director's Orders shall initiate the preparation.of Director's Orders in cooperation with, and using guidelines provided by, the Law Enforcement Division.  All program units affected by a proposed order shall participate in the formulation of the order.  The Law Enforcement Division shall insure the proper formulation, preparation, processing, and distribution for all orders using established statutory and Department guidelines.  All orders shall be approved by the Director.  Original approved Director's Orders shall be retained in the Law Enforcement Division and shall be entered into a consolidated Director's Order Manual.

IV.        Declaratory Ruling - A declaratory ruling may be requested by any citizen, organization, public agency or Division of the Department.  It is binding on the agency and the person requesting it and can only be set aside or alerted by a court.  A response to a request for declaratory ruling shall be developed by the Division administering the rules and shall follow procedures of the Administrative Procedures Act, 24.261. The ruling is issued by the Director or the Commission.  Declaratory Rulings shall be entered into a Department Declaratory Ruling Manual.

V.        Policy - The Natural Resources Commission shall be responsible for policy which influences Department direction and priorities.  This policy direction shall be developed within the definition provided for Commission policy and item VI of the definitions and application section.  All program units of the Department affected by a proposed policy shall participate in the formulation of the policy.  Final statements of Commission policy shall be approved by the Natural Resources Commission.  Policy statements shall be entered in the Department Policy and Procedure Manual.  Department and/or Division policy and procedures for the administration and operation of the Department shall be developed and approved by the Director and by the affected Divisions.  A substantial number of Commission policies and procedures now in effect will be updated and converted to Department or Division policy and procedures under the new policy definition.  Affected Commission policies and procedures will be rescinded as they are converted and replaced by Department and Division policies, procedures and Director's Letters.

VI.        Position Statement - A position statement is a Department statement approved by the Director or an action or resolution by the Natural Resources Commission declaring an opinion on a current issue(s) with impact on the natural resources or environment of the State.  Position statements adopted by the Commission shall be entered into a Department Position Statement Manual.

VII.       Policy Implementation - Department policy and procedure shall be developed to outline the steps to implement Commission, Department, or Division policy.

Department and Division policy and procedure shall be developed in accordance with procedure 1001.1 through 1001.7.

1.       Policy and procedure manuals shall be maintained and updated routinely for the Department and the various divisions.

2.         The policy manual shall be distributed to all Deputy Directors, Region Deputy Directors, Division/Office Chiefs, and District Supervisors.  Each of these shall designated person who shall make certain the policy manual is made known, and is readily available, to all employees, and who is responsible for keeping the manual current.  New employees shall be asked to study the policy manual.

3 .        The Director's Office shall maintain a central file of Administrative Rules, Declaratory Rulings, and Position Statements.

Procedure No. 1001.1through 1001.7