HB-6381, As Passed House, October 3, 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 6381

 

 

September 25, 2018, Introduced by Rep. Moss 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 2014 PA 265.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 411. (1) Subject to subsection (2), a person 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 that fails to renew a license or registration on

 

or before the expiration date 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 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) 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 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 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 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 under section 203(2).

 

     (6) The department shall issue an initial or renewal license

 

or registration not later than 90 days after the applicant files a

 

completed application. The application is considered received on

 

the date the application is received by any agency or department of

 

this state. 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 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 this state.

 

     (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%. 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,

 

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 on

 

the fact that the license or registration fee was refunded or

 

discounted under this subsection.

     (9) 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 state 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 that were not issued a license or

 

registration within the applicable time period and the amount of

 

money returned to licensees and registrants under subsection (8).

 

     (d) The number of applications denied by the department

 

because of an applicant's lack of good moral character and a

 

summary, by category of offense, of the criminal convictions on

 

which those denials were based.

 

     (10) Subsection (6) does not apply to a license or

 

registration for any of the following:

 

     (a) A certified public accountant and registered accountant

 

under article 7.

 

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

 

article 9.

 

     (c) A barber, student barber, student instructor, or barber

 

instructor under article 11.

 

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

 

under article 10.

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

 

esthetician, electrologist, instructor, or registered student under

 

article 12.

 

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

 

     (g) A mortuary science licensee, embalmer, or resident trainee

 

in mortuary science under article 18.

 

     (h) An individual architect, surveyor, or engineer under

 

article 20.

 

     (i) An individual landscape architect under article 22.

 

     (j) An individual residential builder and alteration and

 

maintenance contractor or a salesperson for a residential builder

 

and alteration and maintenance contractor under article 24.

 

     (k) A real estate salesperson under article 25.

 

     (l) A real estate appraiser under article 26.

 

     (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 Armed Forces of the United States by the president

 

President of the United States is temporarily exempt from any

 

renewal license fee, continuing education requirements, 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 to the department. The

 

licensee or registrant shall accompany the request with proof, as

 

determined by the department, to verify the mobilized duty status.

 

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 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 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

 

this state.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless House Bill No. 6110 of the 99th Legislature is enacted into

 

law.