(1) Except as provided in subsection (2), the commission shall by an affirmative vote of 4 members promulgate rules to implement its powers and duties under this act, pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, as amended, being section 24.201 to 24.315 of the Michigan Compiled Laws.

  (2) The department, subject to the policies of the state transportation commission, shall promulgate rules to implement its powers and duties under this act permitting and regulating the operation, maintenance, and use of rest areas, travel information centers, roadside parks, and other state owned motorist service areas along state trunk line highways pursuant to Act No. 306 of the Public Acts of 1969, as amended. The rules promulgated under this subsection may apply to all state owned motorist service areas or only to specific state owned motorist service areas.

  (3) The department shall not promulgate a rule under subsection (2) which rule applies only to a specific state owned motorist service area until the department gives notification to the county board of commissioners of the county or counties in which the specific state owned motorist service area to be covered by the rule is located and allows 30 days for that county or counties to respond.

  (4) A person who violates any of the rules promulgated under this act shall be guilty of a misdemeanor.