May 2, 2013, Introduced by Rep. Crawford and referred to the Committee on Regulatory Reform.
A bill to amend 1980 PA 299, entitled
"Occupational code,"
by amending sections 303a and 411 (MCL 339.303a and 339.411),
section 303a as amended by 2006 PA 489 and section 411 as amended
by 2008 PA 309; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 303a. The terms provided for in this act term of office
2 of a member of a board appointed under this article shall
3 commence on 1 of the following dates:
4 Accountancy July 1
5 Architects April 1
6 Auctioneers October 1
7 Barbers October 1
8 Collection agencies July 1
1 Community planners July 1
2 Cosmetology January 1
3 Employment agencies October 1
4 Foresters April 1
5 Hearing aid dealers October 1
6 Land surveyors April 1
7 Landscape architects July 1
8 Mortuary science July 1
9 Professional engineers April 1
10 Real estate appraisers July 1
11 Real estate brokers and salespersons July 1
12 Residential builders April 1
13
Sec. 411. (1) Subject to
subsection (2), a person who that
14 fails to renew a license or registration on or before the
15 expiration date shall not practice the occupation, operate, or
16 use the title of that occupation after the expiration date
17 printed on the license or registration. A license or registration
18 shall lapse on the day after the expiration date.
19 (2) A person who that
fails to renew a license or
20 registration on or before the expiration date shall be is
21 permitted to renew the license or registration by payment of the
22 required license or registration fee and a late renewal fee
23 within 60 days after the expiration date.
24 (3) Except as otherwise provided in this act, a person who
25 that fails to renew a license or registration within the time
26 period set forth in subsection (2) may be relicensed or
27 reregistered without examination and without meeting additional
28 education or training requirements in force at the time of
1 application for relicensure or reregistration if all of the
2 following conditions are met:
3 (a) The person applies within 3 years after the expiration
4 date of the last license or registration.
5 (b) The person pays an application processing fee, the late
6 renewal fee, and the per year license or registration fee for the
7 upcoming licensure or registration period, subject to subsection
8 (8).
9 (c) Penalties and Any
penalties or conditions imposed by
10 disciplinary action in this state or any other jurisdiction have
11 been satisfied.
12 (d) The person submits proof of having completed the
13 equivalent of 1 year of continuing education within the 12 months
14 immediately preceding the date of application or as otherwise
15 provided in a specific article or by rule, if continuing
16 education is required of licensees or registrants under a
17 specific article.
18 (4) Except as otherwise provided in this act, a person may
19 be relicensed or reregistered subsequent to 3 or more years after
20 the expiration date of the last license or registration upon
21 showing if the person
shows that the person meets the
22 requirements for licensure or registration as established by the
23 department in rules or procedures, which may require a person to
24 pass all or part of a required examination, to complete
25 continuing education requirements, or to meet current education
26 or training requirements.
27 (5) Unless otherwise provided in this act, a person who that
1 seeks reinstatement of a license or registration shall file an
2 application on a form provided by the department, pay the
3 application processing fee, and file a petition to the department
4 and the appropriate board stating reasons for reinstatement and
5 including evidence that the person can and is likely to serve the
6 public in the regulated activity with competence and in
7 conformance with all other requirements prescribed by law, rule,
8 or an order of the department or board. The procedure to be
9 followed in for conducting the review of a petition for
10 reinstatement is prescribed in article 5. If approved for
11 reinstatement, the person shall pay the per year license or
12 registration fee for the upcoming license or registration period
13 if appropriate, in addition to completing any requirements
14 imposed in accordance with under section 203(2).
15 (6) Beginning July 23, 2004, the The department
shall issue
16 an initial or renewal license or registration not later than 90
17 days after the applicant files a completed application. Receipt
18 of the The application is considered received on the date the
19 application is received by any agency or department of the this
20 state. of Michigan. If the application is
considered incomplete
21 by the department, the department shall notify the applicant in
22 writing, or make information electronically available, within 30
23 days after receipt of the incomplete application, describing the
24 deficiency and requesting the additional information. The 90-day
25 period is tolled upon notification by from the date the
26 department notifies the applicant of a deficiency until the date
27 the requested information is received by the department. The
1 determination of the completeness of an application does not
2 operate as an approval of the application for the license or
3 registration and does not confer eligibility of an applicant
4 determined otherwise ineligible for issuance of a license or
5 registration.
6 (7) Notwithstanding the time periods described in subsection
7 (6), in the case of a real estate broker and associate broker
8 licensed under article 25, the time period for approval by the
9 department of a completed application is 30 days and the time
10 period for notification sent in writing, or made electronically
11 available, by the department to the applicant regarding an
12 incomplete application is 15 days after the receipt of the
13 application by any agency or department of the this state. of
14 Michigan.
15 (8) If the department fails to issue or deny a license or
16 registration within the time required by this section, the
17 department shall return the license or registration fee, and
18 shall reduce the license or registration fee for the applicant's
19 next renewal application, if any, by 15%. The A failure
to issue
20 or deny a license or registration within the time required under
21 this section does not allow the department to otherwise delay the
22 processing of the application, and the department shall place
23 that application, upon completion, shall be placed when
24 completed, in sequence with other completed applications received
25 at that same time. The department shall not discriminate against
26 an applicant in the processing of an application based upon on
27 the fact that the license or registration fee was refunded or
1 discounted under this subsection.
2 (9) Beginning October 1, 2005, the The director
shall submit
3 a report by December 1 of each year to the standing committees
4 and appropriations subcommittees of the senate and house of
5 representatives concerned with occupational issues. The director
6 shall include all of the following information in the report
7 concerning the preceding fiscal year:
8 (a) The number of initial and renewal applications the
9 department received and completed within the 90-day time period
10 described in subsection (6) and the 30-day time period described
11 in subsection (7).
12 (b) The number of applications denied by the department.
13 (c) The number of applicants not issued a license or
14 registration within the applicable time period and the amount of
15 money returned to licensees and registrants under subsection (8).
16 (10) Subsection (6) does not apply to licenses or
17 registrations a
license or registration for any of the
following:
18 (a) An interior designer listed under article 6.
19 (b) A certified public accountant and registered accountant
20 under article 7.
21 (c) An agency non-owner manager of a collection agency under
22 article 9.
23 (d) A barber, student barber, student instructor, and or
24 barber instructor under article 11.
25 (e) An employment and consulting agent of a personnel agency
26 under article 10.
27 (f) A cosmetologist, manicurist, natural hair culturist,
1 esthetician, electrologist, instructor, and or registered
student
2 under article 12.
3 (g) A hearing aid salesperson and trainee under article 13.
4 (h) A mortuary science licensee, embalmer, and or resident
5 trainee in mortuary science under article 18.
6 (i) An individual architect, surveyor, and or engineer
under
7 article 20.
8 (j) A forester under article 21.
9 (k) An individual landscape architect under article 22.
10 (k) (l) A community planner under article 23.
11 (l) (m) An individual residential builder and alteration and
12 maintenance contractor and or a salesperson for a
residential
13 builder and alteration and maintenance contractor under article
14 24.
15 (m) (n) A
real estate salesperson under article 25.
16 (n) (o) A
real estate appraiser under article 26.
17 (o) (p) An
ocularist and or ocularist apprentice under
18 article 27.
19 (11) Notwithstanding any provision in this act to the
20 contrary, an individual or qualifying officer who is a licensee
21 or registrant under this act and who is mobilized for military
22 duty in the armed forces of the United States by the president of
23 the United States is temporarily exempt from the any renewal
24 license fee, continuing education requirements, and any or other
25 related requirements of this act applicable to that license or
26 registration. It is the obligation of the licensee or registrant
27 to inform the department by written or electronic mail of the
1 desire to exercise the temporary exemption under this subsection.
2 If the licensee applying for the temporary exemption is the
3 individual responsible for supervision and oversight of licensed
4 activities, the licensee shall provide notice of arrangements for
5 adequate provision of that supervision and oversight shall be
6 provided to the department.
The licensee or registrant shall
7 accompany the request with proof, as determined by the
8 department, to verify the mobilized duty status. The department,
9 upon receiving If it
receives a request for a temporary
exemption
10 under this subsection, the department shall make a determination
11 of the requestor's status and grant the temporary exemption after
12 verification of mobilized duty status under this subsection. A
13 temporary exemption is valid until 90 days after the licensee's
14 or registrant's release from the mobilized duty upon on which
the
15 exemption was based, but shall not exceed 36 months from the date
16 of expiration of the license or registration.
17 (12) As used in this section, "completed application" means
18 an application that is complete on its face and submitted with
19 any applicable licensing or registration fees as well as and any
20 other information, records, approval, security, or similar item
21 required by law or rule from a local unit of government, a
22 federal agency, or a private entity but not from another
23 department or agency of the this state. of
Michigan.
24 Enacting section 1. Article 22 of the occupational code,
25 1980 PA 299, MCL 339.2201 to 339.2211, is repealed.