Background: Operational memoranda and agency guidance documents are too often used as ad hoc rulemaking in regulatory programs. While some guidance from regulatory agencies is helpful, when these tools impose regulatory requirements, dictate regulatory standards or are used in enforcement actions, agencies exceed their statutory authority.

MMA Position: MMA will continue to object to the unconstrained use of operational memoranda by regulatory agencies, which can create regulatory uncertainty among entrepreneurial investors and adversely impact Michigan’s business climate.