Bill Text: MI SB0606 | 2013-2014 | 97th Legislature | Engrossed

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Bill Title: Occupations; ocularists; registration of ocularists; repeal. Amends sec. 411 of 1980 PA 299 (MCL 339.411) & repeals art. 27 of 1980 PA 299 (MCL 339.2701 - 339.2721).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2013-10-29 - Referred To Committee On Regulatory Reform [SB0606 Detail]

Download: Michigan-2013-SB0606-Engrossed.html

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SB-0606, As Passed Senate, October 29, 2013

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 606

 

 

October 9, 2013, Introduced by Senator KAHN and referred to the Committee on Regulatory Reform.

 

 

 

     A bill to amend 1980 PA 299, entitled

 

"Occupational code,"

 

by amending section 411 (MCL 339.411), as amended by 2008 PA 309;

 

and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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.

 

     (b) A certified public accountant and registered accountant

 

under article 7.

 

     (c) An agency non-owner manager of a collection agency under

 

article 9.

 

     (d) A barber, student barber, student instructor, and or

 

barber instructor under article 11.

 

     (e) An employment and consulting agent of a personnel agency

 

under article 10.

 

     (f) A cosmetologist, manicurist, natural hair culturist,

 

esthetician, electrologist, instructor, and or registered student

 

under article 12.

 

     (g) A hearing aid salesperson and trainee under article 13.

 

     (h) A mortuary science licensee, embalmer, and or resident

 

trainee in mortuary science under article 18.

 

     (i) An individual architect, surveyor, and or engineer under

 

article 20.

 

     (j) A forester under article 21.

 

     (k) An individual landscape architect under article 22.

 

     (l) A community planner under article 23.

 

     (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.

 

     (n) A real estate salesperson under article 25.

 

     (o) A real estate appraiser under article 26.

 

     (p) An ocularist and 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.

 

     Enacting section 1. Article 27 of the occupational code, 1980

 

PA 299, MCL 339.2701 to 339.2721, is repealed.