(1) The department may promulgate rules necessary or appropriate to implement and carry out the duties or functions vested by law in the department.

  (2) If the Michigan supreme court rules that section 45 and 46 of the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being section 24.245 and 24.246 of the Michigan Compiled Laws, are unconstitutional, and a statute requiring legislative review of administrative rules is not enacted within 90 days after the Michigan supreme court ruling, the department shall not promulgate rules under this act.