Bill Text: MI SB0479 | 2013-2014 | 97th Legislature | Introduced
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-Introduced.html
SENATE BILL No. 479
September 11, 2013, Introduced by Senator JANSEN and referred to the Committee on Regulatory Reform.
A bill to amend 1980 PA 299, entitled
"Occupational code,"
by amending sections 411 and 601 (MCL 339.411 and 339.601), section
411 as amended by 2008 PA 309 and section 601 as amended by 2008 PA
319, and by adding section 205b; and to repeal acts and parts of
acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 205b. R 339.601 of the Michigan administrative code is
rescinded.
Sec. 411. (1) Subject to subsection (2), a person who
that
fails to renew a license or registration on or before the
expiration date shall not practice the occupation, operate, or use
the title of that occupation after the expiration date printed on
the license or registration. A license or registration shall lapse
on the day after the expiration date.
(2)
A person who that fails to renew a license or registration
on
or before the expiration date shall be is permitted to renew the
license or registration by payment of the required license or
registration fee and a late renewal fee within 60 days after the
expiration date.
(3)
Except as otherwise provided in this act, a person who
that fails to renew a license or registration within the time
period set forth in subsection (2) may be relicensed or
reregistered without examination and without meeting additional
education or training requirements in force at the time of
application for relicensure or reregistration if all of the
following conditions are met:
(a) The person applies within 3 years after the expiration
date of the last license or registration.
(b) The person pays an application processing fee, the late
renewal fee, and the per year license or registration fee for the
upcoming licensure or registration period, subject to subsection
(8).
(c)
Penalties and Any
penalties or conditions imposed by
disciplinary action in this state or any other jurisdiction have
been satisfied.
(d) The person submits proof of having completed the
equivalent of 1 year of continuing education within the 12 months
immediately preceding the date of application or as otherwise
provided in a specific article or by rule, if continuing education
is required of licensees or registrants under a specific article.
(4) Except as otherwise provided in this act, a person may be
relicensed or reregistered subsequent to 3 or more years after the
expiration
date of the last license or registration upon showing if
the person shows that the person meets the requirements for
licensure or registration as established by the department in rules
or procedures, which may require a person to pass all or part of a
required examination, to complete continuing education
requirements, or to meet current education or training
requirements.
(5)
Unless otherwise provided in this act, a person who that
seeks reinstatement of a license or registration shall file an
application on a form provided by the department, pay the
application processing fee, and file a petition to the department
and the appropriate board stating reasons for reinstatement and
including evidence that the person can and is likely to serve the
public in the regulated activity with competence and in conformance
with all other requirements prescribed by law, rule, or an order of
the
department or board. The procedure to be followed in for
conducting the review of a petition for reinstatement is prescribed
in article 5. If approved for reinstatement, the person shall pay
the per year license or registration fee for the upcoming license
or registration period if appropriate, in addition to completing
any
requirements imposed in accordance with under section 203(2).
(6)
Beginning July 23, 2004, the The
department shall issue an
initial or renewal license or registration not later than 90 days
after
the applicant files a completed application. Receipt of the
The application is considered received on the date the application
is
received by any agency or department of the this state. of
Michigan.
If the application is considered
incomplete by the
department, the department shall notify the applicant in writing,
or make information electronically available, within 30 days after
receipt of the incomplete application, describing the deficiency
and requesting the additional information. The 90-day period is
tolled
upon notification by from
the date the department notifies
the applicant of a deficiency until the date the requested
information is received by the department. The determination of the
completeness of an application does not operate as an approval of
the application for the license or registration and does not confer
eligibility of an applicant determined otherwise ineligible for
issuance of a license or registration.
(7) Notwithstanding the time periods described in subsection
(6), in the case of a real estate broker and associate broker
licensed under article 25, the time period for approval by the
department of a completed application is 30 days and the time
period for notification sent in writing, or made electronically
available, by the department to the applicant regarding an
incomplete application is 15 days after the receipt of the
application
by any agency or department of the this state. of
Michigan.
(8) If the department fails to issue or deny a license or
registration within the time required by this section, the
department shall return the license or registration fee, and shall
reduce the license or registration fee for the applicant's next
renewal
application, if any, by 15%. The A failure to issue or deny
a license or registration within the time required under this
section does not allow the department to otherwise delay the
processing of the application, and the department shall place that
application,
upon completion, shall be placed when completed, in
sequence with other completed applications received at that same
time. The department shall not discriminate against an applicant in
the
processing of an application based upon on the fact that the
license or registration fee was refunded or discounted under this
subsection.
(9)
Beginning October 1, 2005, the The
director shall submit a
report by December 1 of each year to the standing committees and
appropriations subcommittees of the senate and house of
representatives concerned with occupational issues. The director
shall include all of the following information in the report
concerning the preceding fiscal year:
(a) The number of initial and renewal applications the
department received and completed within the 90-day time period
described in subsection (6) and the 30-day time period described in
subsection (7).
(b) The number of applications denied by the department.
(c) The number of applicants not issued a license or
registration within the applicable time period and the amount of
money returned to licensees and registrants under subsection (8).
(10)
Subsection (6) does not apply to licenses or
registrations
a license or registration for any of the following:
(a)
An interior designer listed under article 6.
(a) (b)
A certified public accountant and
registered
accountant under article 7.
(b) (c)
An agency non-owner manager of a
collection agency
under article 9.
(c) (d)
A barber, student barber, student
instructor, and or
barber instructor under article 11.
(d) (e)
An employment and consulting agent
of a personnel
agency under article 10.
(e) (f)
A cosmetologist, manicurist,
natural hair culturist,
esthetician,
electrologist, instructor, and or
registered student
under article 12.
(f) (g)
A hearing aid salesperson and
trainee under article
13.
(g) (h)
A mortuary science licensee,
embalmer, and or resident
trainee in mortuary science under article 18.
(h) (i)
An individual architect, surveyor, and
or engineer
under article 20.
(i) (j)
A forester under article 21.
(j) (k)
An individual landscape architect under
article 22.
(k) (l) A
community planner under article 23.
(l) (m)
An individual residential builder
and alteration and
maintenance
contractor and or a salesperson for a residential
builder and alteration and maintenance contractor under article 24.
(m) (n)
A real estate salesperson under article 25.
(n) (o)
A real estate appraiser under
article 26.
(o) (p)
An ocularist and or ocularist
apprentice under article
27.
(11) Notwithstanding any provision in this act to the
contrary, an individual or qualifying officer who is a licensee or
registrant under this act and who is mobilized for military duty in
the armed forces of the United States by the president of the
United
States is temporarily exempt from the any renewal license
fee,
continuing education requirements, and any or other
related
requirements of this act applicable to that license or
registration. It is the obligation of the licensee or registrant to
inform the department by written or electronic mail of the desire
to exercise the temporary exemption under this subsection. If the
licensee applying for the temporary exemption is the individual
responsible for supervision and oversight of licensed activities,
the licensee shall provide notice of arrangements for adequate
provision
of that supervision and oversight shall be provided to
the department. The licensee or registrant shall accompany the
request with proof, as determined by the department, to verify the
mobilized
duty status. The department, upon receiving If it
receives a request for a temporary exemption under this subsection,
the department shall make a determination of the requestor's status
and grant the temporary exemption after verification of mobilized
duty status under this subsection. A temporary exemption is valid
until 90 days after the licensee's or registrant's release from the
mobilized
duty upon on which the exemption was based, but shall not
exceed 36 months from the date of expiration of the license or
registration.
(12) As used in this section, "completed application" means an
application that is complete on its face and submitted with any
applicable
licensing or registration fees as well as and any other
information, records, approval, security, or similar item required
by law or rule from a local unit of government, a federal agency,
or a private entity but not from another department or agency of
the
this state. of Michigan.
Sec. 601. (1) A person shall not engage in or attempt to
engage in the practice of an occupation regulated under this act or
use a title designated in this act unless the person possesses a
license or registration issued by the department for the
occupation.
(2) A school, institution, or person shall not operate or
attempt to operate a barber college, school of cosmetology, or real
estate school unless the school, institution, or person is licensed
or approved by the department.
(3) Subject to section 411, a person whose license or
registration is suspended, revoked, or lapsed, as determined by the
records of the department, is considered unlicensed or
unregistered.
(4) Except as otherwise provided for in section 735, a person,
school, or institution that violates subsection (1) or (2) is
guilty of a misdemeanor, punishable by a fine of not more than
$500.00, or imprisonment for not more than 90 days, or both.
(5) Except as otherwise provided for in section 735, a person,
school, or institution that violates subsection (1) or (2) a second
or any subsequent time is guilty of a misdemeanor, punishable by a
fine of not more than $1,000.00, or imprisonment for not more than
1 year, or both.
(6) Notwithstanding subsections (4) and (5), a person not
licensed under article 24 as a residential builder or a residential
maintenance
and alteration contractor who that
violates subsection
(1) or (2) is guilty as follows:
(a) In the case of a first offense, a misdemeanor punishable
by a fine of not less than $5,000.00 or more than $25,000.00, or
imprisonment for not more than 1 year, or both.
(b) In the case of a second or subsequent offense, a
misdemeanor punishable by a fine of not less than $5,000.00 or more
than $25,000.00, or imprisonment for not more than 2 years, or
both.
(c) In the case of an offense that causes death or serious
injury, a felony punishable by a fine of not less than $5,000.00 or
more than $25,000.00, or imprisonment for not more than 4 years, or
both.
(7) Notwithstanding subsections (4) and (5), a person that is
not licensed under article 20 as an architect, professional
engineer,
or professional land surveyor who and that violates
subsection (1) or (2) is guilty as follows:
(a) In the case of a first offense, a misdemeanor punishable
by a fine of not less than $5,000.00 or more than $25,000.00 or
imprisonment for not more than 93 days, or both.
(b) In the case of a second or subsequent offense, a
misdemeanor punishable by a fine of not less than $5,000.00 or more
than $25,000.00 or imprisonment for not more than 1 year, or both.
(c) In the case of an offense that causes death or serious
injury, a felony punishable by a fine of not less than $5,000.00 or
more than $25,000.00 or imprisonment for not more than 4 years, or
both.
(8) Any conviction for a violation of this act shall include a
requirement
that restitution be made, based upon on proofs
submitted to and findings made by the trier of fact as provided by
law.
(9) Notwithstanding the existence and pursuit of any other
remedy, an affected person may maintain injunctive action to
restrain or prevent a person from violating subsection (1) or (2).
If successful in obtaining injunctive relief, the affected person
shall
be is entitled to actual costs and attorney fees.
(10) This act does not apply to a person engaging in or
practicing the following:
(a) Interior design.
(b) Residential building design. As used in this subdivision,
"residential building design" means the rendering of residential
design services for a detached 1- and 2-family residence building
by a person exempted from the requirements of section 2012.
(c) Any activity for which the person is licensed under the
state plumbing act, 2002 PA 733, MCL 338.3511 to 338.3569.
(d) Any activity for which the person is licensed under the
Forbes mechanical contractors act, 1984 PA 192, MCL 338.971 to
338.988.
(e) Any activity for which the person is licensed under the
electrical administrative act, 1956 PA 217, MCL 338.881 to 338.892.
(11) As used in subsection (9), "affected person" means a
person directly affected by the actions of a person suspected of
violating subsection (1) or (2) and includes, but is not limited
to,
a licensee or registrant, a board established pursuant to under
this
act, the department, a person who that has utilized the
services of the person engaging in or attempting to engage in an
occupation regulated under this act or using a title designated by
this act without being licensed or registered by the department, or
a private association composed primarily of members of the
occupation in which the person is engaging in or attempting to
engage in or in which the person is using a title designated under
this act without being registered or licensed by the department.
(12) An investigation may be conducted under article 5 to
enforce
this section. A person who that
violates this section shall
be
is subject to this section and sections 506, 602, and
606.
(13) The department, the attorney general, or a county
prosecutor may utilize forfeiture as a remedy in the manner
provided for in section 606.
(14) The remedies under this section are independent and
cumulative.
The use of 1 remedy by a person shall does not bar the
use of other lawful remedies by that person or the use of a lawful
remedy by another person.
(15)
An interior designer may perform services in connection
with
the design of interior spaces including preparation of
documents
relative to finishes, systems furniture, furnishings,
fixtures,
equipment, and interior partitions that do not affect the
building
mechanical, structural, electrical, or fire safety
systems.
(15) (16)
Upon entering a conviction under
subsection (4),
(5), or (6), a court entering the conviction shall notify, by mail,
facsimile transmission, or electronic mail, the bureau of
commercial services at the department.
Enacting section 1. Section 601a of the occupational code,
1980 PA 299, MCL 339.601a, is repealed.
