Dykstra v. DNR

Validity Of Agency Rules: In Dykstra v. DNR, 198 Mich App 482, 484; 499 NW2d 367 (1993), the Court explained that when an agency is empowered to make rules, the validity of those rules is to be determined by a three-part test: (1) whether the rule is within the subject matter of the enabling statute; (2) whether it complies with the legislative intent underlying the enabling statute; (3) whether it is arbitrary or capricious. 1979 AC, R 299.1105 satisfies each element of this test. While 1979 AC, R 299.1105 expands defendant's authority over permits to cover drilling and operating wells. Defendant had broad authority to promulgate rules under Chapter 319. MCL 319.6; MSA 13.139(6).