HOUSE BILL No. 4771


     May 15, 2001, Introduced by Reps. DeRossett and Woronchak and referred to the Committee on Regulatory Reform.


        A bill to amend 1972 PA 230, entitled

   "Stille-DeRossett-Hale single state construction code act,"

   by amending section 16 (MCL 125.1516).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 16.  (1) An interested person, or the interested

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      person's authorized agent, may appeal a decision of a board of

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      appeals to the commission within 10 business days after filing of

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      the decision with the enforcing agency or, in case of an appeal

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      because of failure of a board of appeals to act within the pre-

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      scribed time, at any time before filing of the decision.  The

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      hearing of an appeal based on the denial of a request for a vari-

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      ance by a board of appeals is within the sole discretion of the

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      commission.  If deciding an appeal, the commission may act either

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      as a whole or by a panel of 3 or more of the commission members

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      designated by the commission's  chairman  CHAIRPERSON to hear and


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      decide the appeal.  A majority of a panel constitutes a quorum

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      and a decision by a panel requires concurrence of at least a

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      majority of the panel's members.  If an appeal has been presented

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      to the commission within the time prescribed, the appeal shall be

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      heard de novo by the commission.  The commission may affirm,

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      modify, or reverse a decision of the board of appeals or the

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      enforcing agency.  Except if modified or reversed by a court of

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      competent jurisdiction, a decision of the commission made

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       pursuant to  UNDER this section is binding on the applicant and

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      the affected board of appeals and enforcing agency.  An appeal to

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      the commission shall be decided within 30 days after receipt of

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      the appeal by the commission.  A copy of the decision and a

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      statement of reasons for the decision  ,  shall be sent to the

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      applicant and filed with the affected board of appeals and

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      enforcing agency within 5 business days after the making of the

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      decision.  A record of decisions made by the commission  pursuant

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      to  UNDER this section, properly indexed, shall be kept in the

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      office of the commission, and be open to public inspection during

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      business hours in compliance with  Act No. 442 of the Public Acts

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      of 1976  THE FREEDOM OF INFORMATION ACT, 1976 PA 442, MCL 15.231

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      TO 15.246.

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           (2) Notwithstanding subsection (1), the executive director

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      of the commission shall refer an appeal to the commission

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       pursuant to  UNDER subsection (1) which in the executive

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      director's judgment relates principally to a MECHANICAL, plumb-

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      ing, electrical, or barrier free design matter to the appropriate

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      board.  The board shall hear and decide the appeal in the same



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      manner as an appeal is heard and decided by the commission

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       pursuant to section 16  UNDER THIS SECTION, except that a board

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      shall meet as a whole and not in a panel.  A person aggrieved by

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      a decision of a board on any appeal  pursuant to  UNDER this sub-

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      section may petition the commission to review the decision.  The

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      commission shall act on the petition within 5 business days after

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      receipt, and may grant the petition at the commission's discre-

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      tion except that the commission shall grant the petition if it

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      appears that the appeal involves a question of major significance

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      to the people of this state and that the case of the appellant

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      has substantial merit.  If the commission grants the petition,

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      the commission acting as a whole shall review the decision in

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      accordance with a procedure  to be  established by the

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      commission's rules.





























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