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<DIV><FONT face=Arial size=2>This is the act and the violation of law in
Executive Order 2012-10...It stateeexplicately what can be done under a Type II
transfer. And one of the things that cannot be done is eliminating a statute
including PA 260, the act that creates the Michigan Commission for the Blind,
and prescribes its rolls and duties. Again this is the Act that EO 2012-10
violates!</FONT></DIV>
<DIV><FONT face=Arial size=2></FONT> </DIV>
<DIV><FONT face=Arial size=2></FONT> </DIV>
<DIV><FONT face=Arial size=2>Joe Harcz</FONT></DIV>
<DIV><FONT face=Arial size=2></FONT> </DIV>
<DIV><FONT face=Arial size=2>EXECUTIVE ORGANIZATION ACT OF 1965 (EXCERPT)
<BR>Act 380 of 1965 <BR>CHAPTER 1 <BR>GENERAL PROVISIONS <BR>16.101 Short title.
Sec. 1. This act shall be known and may be cited as the “Executive organization
act of 1965.” <BR>History: 1965, Act 380, Imd. Eff. July 23, 1965.
<BR>Popular name: Act 380 <BR>16.102 Head of department defined. Sec. 2.
Whenever the term “head of the department” is used it shall mean the head of one
of the principal <BR>departments created by this act. <BR>History: 1965,
Act 380, Imd. Eff. July 23, 1965. <BR>Popular name: Act 380 <BR>16.103 Types of
transfers; continuation of agencies not enumerated. Sec. 3. (a) Under this act,
a type I transfer means the transferring intact of an existing department,
board, <BR>commission or agency to a principal department established by this
act. When any board, commission, or <BR>other agency is transferred to a
principal department under a type I transfer, that board, commission or agency
<BR>shall be administered under the supervision of that principal department.
Any board, commission or other <BR>agency granted a type I transfer shall
exercise its prescribed statutory powers, duties and functions of
<BR>rule-making, licensing and registration including the prescription of rules,
rates, regulations and standards, <BR>and adjudication independently of the head
of the department. Under a type I transfer all budgeting, <BR>procurement and
related management functions of any transferred board, agency or commission
shall be <BR>performed under the direction and supervision of the head of the
principal department. <BR>(b) Under this act, a type II transfer means
transferring of an existing department, board, commission or <BR>agency to a
principal department established by this act. Any department, board, commission
or agency <BR>assigned to a type II transfer under this act shall have all its
statutory authority, powers, duties and functions, <BR>records, personnel,
property, unexpended balances of appropriations, allocations or other funds,
including the <BR>functions of budgeting and procurement, transferred to that
principal department. (c) Under this act, a type III transfer means the
abolishing of an existing department, board, commission, <BR>or agency and all
its statutory authority, powers, duties, functions, records, personnel,
property, unexpended <BR>balances of appropriations, allocations or other funds,
are transferred to that principal department as specified <BR>under this act.
(d) Any department, board, commission, or agency not enumerated within this act,
but established by law <BR>within a department, board, commission or agency
shall continue within the department, board, commission <BR>or agency within
which it had previously been established, and shall continue to exercise all its
powers, duties <BR>and functions within the principal department established by
this act. History: 1965, Act 380, Imd. Eff. July 23, 1965. <BR>Transfer of
powers: See MCL 16.732. <BR>Popular name: Act 380 <BR>16.104 Principal
departments. Sec. 4. Except as otherwise provided by this act, or the state
constitution, all executive and administrative <BR>powers, duties, and
functions, excepting those of the legislature and the judiciary, previously
vested by law in <BR>the several state departments, commissions, boards,
officers, bureaus, divisions, or other agencies are vested <BR>Table with 3
columns and 3 rowsin the following principal departments: <BR>(1) Department of
State <BR>(2) Department of Attorney General <BR>(3) Department of Treasury
<BR>(4) Department of Management and Budget <BR>(5) Department of State Police
<BR>(6) Department of Military Affairs <BR>(7) Department of Agriculture <BR>(8)
Department of Civil Service <BR>(9) Department of Commerce Rendered Tuesday,
July 03, 2012 Page 1 Michigan Compiled Laws Complete Through PA 177 and
<BR>includes 179-191 of 2012 Ó Legislative Council, State of Michigan
<BR>Courtesy of <A
href="http://www.legislature.mi.gov">www.legislature.mi.gov</A> Table end(10)
Department of Natural Resources (11) Department of Corrections (12) Department
of Education (13) Department of Licensing and Regulation (14) If section 28 of
article 5 of the state constitution of 1963 is amended to provide for changing
the name <BR>of the state highway department to the department of
transportation. However, until section 28 of article 5 is <BR>amended in the
manner described in this section, the name of the department shall be the
Department of State <BR>Highways and Transportation. (15) Department of Labor
(16) Department of Mental Health (17) Department of Public Health (18)
Department of Social Services (19) Department of Civil Rights
History: 1965, Act 380, Imd. Eff. July 23, 1965;ľAm. 1968, Act 353, Eff.
Nov. 15, 1968;ľAm. 1973, Act 127, Imd. Eff. Aug. 22, <BR>1973;ľAm. 1978, Act
483, Imd. Eff. Dec. 1, 1978. <BR>Popular name: Act 380 <BR>16.105 Principal
department with commission head; delegation of powers and duties. Sec. 5. When a
principal department is headed by a commission, it may delegate such duties,
powers and <BR>authority to the director of the department as it deems necessary
to fulfill the duties and obligations of the <BR>commission.
<BR>History: 1965, Act 380, Imd. Eff. July 23, 1965. <BR>Popular name: Act
380 <BR>16.106 Deputy department heads; powers and duties. Sec. 6. Deputy
department heads shall perform such duties and exercise such powers as the head
of the <BR>principal department may prescribe. Except when the head of a
department is a commission, deputy <BR>department heads shall act for, and
exercise the powers of, the head of the principal department during his
<BR>absence or disability. <BR>History: 1965, Act 380, Imd. Eff. July 23,
1965. <BR>Popular name: Act 380 <BR>16.107 Internal organization of principal
departments; executive allocation and reallocation <BR>of duties and functions;
limitations; transfer of type II or type III agencies; administration;
<BR>rules. Sec. 7. (a) Except as provided by law or within this act, the head of
each principal department with the <BR>approval of the governor is authorized to
establish the internal organization of his department and allocate and
<BR>reallocate duties and functions to promote economic and efficient
administration and operation of the <BR>department. No substantive function
vested by law in any officer or agency within the principal department <BR>shall
be removed from the jurisdiction of such officer or agency under the provisions
of this section. <BR>(b) Except as provided by law or within this act, when any
department, commission or board or other <BR>agency is transferred by a type II
or type III transfer to a principal department under the provisions of this act,
<BR>the functions of the department, commission or board or other agency shall
be administered under the <BR>direction and supervision of the head of the
principal department. When a department, commission, board or <BR>other agency
is transferred by a type II or type III transfer to a principal department all
prescribed statutory <BR>functions of rule making, licensing and registration
including the prescription of rules, regulations, standards <BR>and
adjudications shall be transferred to the head of the principal department into
which the department, <BR>commission, board or agency has been incorporated.
History: 1965, Act 380, Imd. Eff. July 23, 1965. <BR>Popular name: Act 380
<BR>16.108 Compensation; heads of principal departments; directors; commissions;
boards; <BR>exclusive employment. Sec. 8. (a) Heads of principal departments,
commissions or boards, principal executive officers of <BR>departments,
commissions and boards shall receive compensation prescribed by law. <BR>(b)
Directors of departments, commissions, boards and directors of departments,
boards and commissions <BR>transferred to a principal department shall not
engage in any business, vocation or employment other than <BR>their office.
Members of boards and commissions may so engage unless specifically prohibited
by law. Table with 3 columns and 3 rowsRendered Tuesday, July 03, 2012 Page 2
Michigan Compiled Laws Complete Through PA 177 and </FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>includes 179-191 of 2012 Ó Legislative Council,
State of Michigan <BR>Courtesy of <A
href="http://www.legislature.mi.gov">www.legislature.mi.gov</A> Table
endHistory: 1965, Act 380, Imd. Eff. July 23, 1965;ľAm. 1965, Act 407, Imd.
Eff. Oct. 29, 1965. <BR>Popular name: Act 380 <BR>16.109 Rules and regulations;
promulgation. Sec. 9. The head of each principal department, and those
commissions, boards and agencies granted a type <BR>I transfer may promulgate
such rules and regulations as may be necessary to carry out the functions now or
<BR>hereafter vested in them in accordance with the provisions of Act No. 88 of
the Public Acts of 1943, as <BR>amended, being sections 24.71 to 24.80 of the
Compiled Laws of 1948, and subject to Act No. 197 of the <BR>Public Acts of
1952, as amended, being sections 24.101 to 24.110 of the Compiled Laws of 1948.
<BR>History: 1965, Act 380, Imd. Eff. July 23, 1965. <BR>Popular name: Act
380 <BR>Administrative rules: R 400.5106 of the Michigan Administrative Code.
<BR>16.110 Powers and duties of governor continued. Sec. 10. All powers, duties
and functions vested in the office of governor are continued, except as
<BR>otherwise provided by this act. <BR>History: 1965, Act 380, Imd. Eff.
July 23, 1965. <BR>Popular name: Act 380 <BR>16.111 Special commissions. Sec.
11. Special commissions created under Act No. 195 of the Public Acts of 1931,
being sections 10.51 <BR>to 10.57 of the Compiled Laws of 1948, are units of the
executive office of governor. <BR>History: 1965, Act 380, Imd. Eff. July
23, 1965. <BR>Popular name: Act 380 <BR>16.112 Repealed. 1984, Act 431, Eff.
Mar. 29, 1985. Compiler's note: The repealed section pertained to the executive
budget. <BR>Popular name: Act 380 <BR>16.113 Department of economic
expansion; transfer to executive office of governor; <BR>personnel. Sec. 13. The
powers, duties and functions of the department of economic expansion, created by
Act No. <BR>116 of the Public Acts of 1963, enumerated in section 125.1204 (h),
(i) and (j) of the Compiled Laws of 1948, <BR>as amended, are transferred to the
executive office of the governor. The personnel of the department of
<BR>commerce necessary to implement this section are transferred to the
executive office of the governor. <BR>History: Add. 1967, Ex. Sess., Act
11, Eff. Mar. 22, 1968. <BR>Popular name: Act 380 <BR>Table with 3 columns and 3
rowsRendered Tuesday, July 03, 2012 Page 3 Michigan Compiled Laws Complete
Through PA 177 and </FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>includes 179-191 of 2012 Ó Legislative Council,
State of Michigan <BR>Courtesy of <A
href="http://www.legislature.mi.gov">www.legislature.mi.gov</A> Table
end</FONT></DIV></BODY></HTML>