Bill Text: MI SB0479 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Occupations; code; technical changes to reflect repeal of certain licensing and registration requirements; enact. Amends secs. 303a & 411 of 1980 PA 299 (MCL 339.303a & 339.411).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-07-16 - Assigned Pa 0265'14 With Immediate Effect [SB0479 Detail]
Download: Michigan-2013-SB0479-Engrossed.html
SB-0479, As Passed House, May 22, 2014
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 479
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.
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, as applicable:
4 Accountancy July 1
5 Architects April 1
6 Auctioneers October 1
7 Barbers October 1
1 Collection agencies July 1
2 Community planners July 1
3 Cosmetology January 1
4 Employment agencies October 1
5 Foresters April 1
6 Hearing aid dealers October 1
7 Land surveyors April 1
8 Landscape architects July 1
9 Mortuary science July 1
10 Professional engineers April 1
11 Real estate appraisers July 1
12 Real estate brokers and salespersons July 1
13 Residential builders April 1
14
Sec. 411. (1) Subject to
subsection (2), a person who that
15 fails to renew a license or registration on or before the
16 expiration date shall not practice the occupation, operate, or
17 use the title of that occupation after the expiration date
18 printed on the license or registration. A license or registration
19 shall lapse on the day after the expiration date.
20 (2) A person who that
fails to renew a license or
21 registration on or before the expiration date shall be is
22 permitted to renew the license or registration by payment of the
23 required license or registration fee and a late renewal fee
24 within 60 days after the expiration date.
25 (3) Except as otherwise provided in this act, a person who
26 that fails to renew a license or registration within the time
27 period set forth in subsection (2) may be relicensed or
28 reregistered without examination and without meeting additional
1 education or training requirements in force at the time of
2 application for relicensure or reregistration if all of the
3 following conditions are met:
4 (a) The person applies within 3 years after the expiration
5 date of the last license or registration.
6 (b) The person pays an application processing fee, the late
7 renewal fee, and the per year license or registration fee for the
8 upcoming licensure or registration period, subject to subsection
9 (8).
10 (c) Penalties and Any
penalties or conditions imposed by
11 disciplinary action in this state or any other jurisdiction have
12 been satisfied.
13 (d) The person submits proof of having completed the
14 equivalent of 1 year of continuing education within the 12 months
15 immediately preceding the date of application or as otherwise
16 provided in a specific article or by rule, if continuing
17 education is required of licensees or registrants under a
18 specific article.
19 (4) Except as otherwise provided in this act, a person may
20 be relicensed or reregistered subsequent to 3 or more years after
21 the expiration date of the last license or registration upon
22 showing if the person
shows that the person meets the
23 requirements for licensure or registration as established by the
24 department in rules or procedures, which may require a person to
25 pass all or part of a required examination, to complete
26 continuing education requirements, or to meet current education
27 or training requirements.
1 (5) Unless otherwise provided in this act, a person who that
2 seeks reinstatement of a license or registration shall file an
3 application on a form provided by the department, pay the
4 application processing fee, and file a petition to the department
5 and the appropriate board stating reasons for reinstatement and
6 including evidence that the person can and is likely to serve the
7 public in the regulated activity with competence and in
8 conformance with all other requirements prescribed by law, rule,
9 or an order of the department or board. The procedure to be
10 followed in for conducting the review of a petition for
11 reinstatement is prescribed in article 5. If approved for
12 reinstatement, the person shall pay the per year license or
13 registration fee for the upcoming license or registration period
14 if appropriate, in addition to completing any requirements
15 imposed in accordance with under section 203(2).
16 (6) Beginning July 23, 2004, the The department
shall issue
17 an initial or renewal license or registration not later than 90
18 days after the applicant files a completed application. Receipt
19 of the The application is considered received on the date the
20 application is received by any agency or department of the this
21 state. of Michigan. If the application is
considered incomplete
22 by the department, the department shall notify the applicant in
23 writing, or make information electronically available, within 30
24 days after receipt of the incomplete application, describing the
25 deficiency and requesting the additional information. The 90-day
26 period is tolled upon notification by from the date the
27 department notifies the applicant of a deficiency until the date
1 the requested information is received by the department. The
2 determination of the completeness of an application does not
3 operate as an approval of the application for the license or
4 registration and does not confer eligibility of an applicant
5 determined otherwise ineligible for issuance of a license or
6 registration.
7 (7) Notwithstanding the time periods described in subsection
8 (6), in the case of a real estate broker and associate broker
9 licensed under article 25, the time period for approval by the
10 department of a completed application is 30 days and the time
11 period for notification sent in writing, or made electronically
12 available, by the department to the applicant regarding an
13 incomplete application is 15 days after the receipt of the
14 application by any agency or department of the this state. of
15 Michigan.
16 (8) If the department fails to issue or deny a license or
17 registration within the time required by this section, the
18 department shall return the license or registration fee, and
19 shall reduce the license or registration fee for the applicant's
20 next renewal application, if any, by 15%. The A failure
to issue
21 or deny a license or registration within the time required under
22 this section does not allow the department to otherwise delay the
23 processing of the application, and the department shall place
24 that application, upon completion, shall be placed when
25 completed, in sequence with other completed applications received
26 at that same time. The department shall not discriminate against
27 an applicant in the processing of an application based upon on
1 the fact that the license or registration fee was refunded or
2 discounted under this subsection.
3 (9) Beginning October 1, 2005, the The director
shall submit
4 a report by December 1 of each year to the standing committees
5 and appropriations subcommittees of the senate and house of
6 representatives concerned with occupational issues. The director
7 shall include all of the following information in the report
8 concerning the preceding fiscal year:
9 (a) The number of initial and renewal applications the
10 department received and completed within the 90-day time period
11 described in subsection (6) and the 30-day time period described
12 in subsection (7).
13 (b) The number of applications denied by the department.
14 (c) The number of applicants not issued a license or
15 registration within the applicable time period and the amount of
16 money returned to licensees and registrants under subsection (8).
17 (10) Subsection (6) does not apply to licenses or
18 registrations a
license or registration for any of the
following:
19 (a) An interior designer listed under article 6.
20 (a) (b) A
certified public accountant and registered
21 accountant under article 7.
22 (b) (c) An
agency non-owner manager of a collection agency
23 under article 9.
24 (c) (d) A
barber, student barber, student instructor, and or
25 barber instructor under article 11.
26 (d) (e) An
employment and consulting agent of a personnel
27 agency under article 10.
1 (e) (f) A
cosmetologist, manicurist, natural hair culturist,
2 esthetician, electrologist, instructor, and or registered
student
3 under article 12.
4 (f) (g) A
hearing aid salesperson and trainee under article
5 13.
6 (g) (h) A
mortuary science licensee, embalmer, and or
7 resident trainee in mortuary science under article 18.
8 (h) (i) An
individual architect, surveyor, and or engineer
9 under article 20.
10 (j) A forester under article 21.
11 (i) (k) An
individual landscape architect under article 22.
12 (l) A
community planner under article 23.
13 (j) (m) An
individual residential builder and alteration and
14 maintenance contractor and or a salesperson for a
residential
15 builder and alteration and maintenance contractor under article
16 24.
17 (k) (n) A
real estate salesperson under article 25.
18 (l) (o) A real estate appraiser under article 26.
19 (p) An ocularist and ocularist apprentice under article 27.
20 (11) Notwithstanding any provision in this act to the
21 contrary, an individual or qualifying officer who is a licensee
22 or registrant under this act and who is mobilized for military
23 duty in the armed forces of the United States by the president of
24 the United States is temporarily exempt from the any renewal
25 license fee, continuing education requirements, and any or other
26 related requirements of this act applicable to that license or
27 registration. It is the obligation of the licensee or registrant
1 to inform the department by written or electronic mail of the
2 desire to exercise the temporary exemption under this subsection.
3 If the licensee applying for the temporary exemption is the
4 individual responsible for supervision and oversight of licensed
5 activities, the licensee shall provide notice of arrangements for
6 adequate provision of that supervision and oversight shall be
7 provided to the department.
The licensee or registrant shall
8 accompany the request with proof, as determined by the
9 department, to verify the mobilized duty status. The department,
10 upon receiving If it
receives a request for a temporary
exemption
11 under this subsection, the department shall make a determination
12 of the requestor's status and grant the temporary exemption after
13 verification of mobilized duty status under this subsection. A
14 temporary exemption is valid until 90 days after the licensee's
15 or registrant's release from the mobilized duty upon on which
the
16 exemption was based, but shall not exceed 36 months from the date
17 of expiration of the license or registration.
18 (12) As used in this section, "completed application" means
19 an application that is complete on its face and submitted with
20 any applicable licensing or registration fees as well as and any
21 other information, records, approval, security, or similar item
22 required by law or rule from a local unit of government, a
23 federal agency, or a private entity but not from another
24 department or agency of the this state. of
Michigan.
