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BLANK v. DEPARTMENT OF CORRECTIONS

Docket Nos. 188881, 190011.

564 N.W.2d 130 (1997)

222 Mich. App. 385

Arthur R. BLANK, David Leroy Davis and Steve Alan Laird, Petitioners-Appellants and Cross-Appellees, v. DEPARTMENT OF CORRECTIONS and Office of Regulatory Reform, Respondents-Appellees and Cross-Appellants. Walter MILLER, Plaintiff-Appellant, v. DEPARTMENT OF CORRECTIONS, Defendant-Appellee.

Court of Appeals of Michigan.

Decided March 21, 1997, at 9:10 a.m.

Released for Publication June 6, 1997.

Attorney(s) appearing for the Case

Prison Legal Services of Michigan, Inc. by Sandra Girard, Jackson, for Arthur R. Blank and others.

Walter Miller, in pro per.

Frank J. Kelley, Atty. Gen., Thomas L. Casey, Sol. Gen., and Thomas C. Nelson and George N. Stevenson, Asst. Attys. Gen., for Dept. of Corrections.

Fraser Trebilcock Davis & Foster, P.C. by David E. S. Marvin and Michael S. Ashton, Lansing, for Joint Committee on Administrative Rules and others.

Before McDONALD, P.J., and MURPHY and M.F. SAPALA, JJ.

MURPHY, Judge.

Introduction

In these cases, we are called on to decide the constitutionality of a current statutory scheme that essentially requires that administrative rules established by the Michigan Department of Corrections (DOC) and other state administrative agencies be submitted to a joint committee of the Legislature for approval before becoming effective. We hold that the existing procedure, which...

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