To increase certainty and predictability in regulatory programs, MMA supported legislation last session (now Public Act 270 of 2011) to stop the improper use of “guidance documents” by regulatory agencies, ensuring that guidance documents are used for “guidance” of the regulated community and do not have the “force of law.” Permanently ending this practice has sent a clear signal that Michigan is working to improve its business climate. Now we must work with the DEQ to eliminate these guidance documents, unless they are absolutely necessary, and make sure there is a clear process for adopting these documents with stakeholder input.
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