SB-0606, As Passed Senate, October 30, 2007
June 26, 2007, Introduced by Senators GARCIA, PAPPAGEORGE and RICHARDVILLE and referred to the Committee on Economic Development and Regulatory Reform.
A bill to amend 1980 PA 299, entitled
"Occupational code,"
by amending section 411 (MCL 339.411), as amended by 2004 PA 373.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 411. (1) Subject to subsection (2), a person who fails to
renew a license or registration on or before the expiration date
shall not practice the occupation, operate, or use the title 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 fails to renew a license or registration on
or before the expiration date shall be 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
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 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
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 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 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 section 203(2).
(6)
Beginning the effective date of the amendatory act that
added
this subsection July 23, 2004, 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
application is considered the date the application is received by
any agency or department of the 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 the department 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 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 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 that application, upon completion, shall be
placed 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 the fact
that the license or registration fee was refunded or discounted
under this subsection.
(9) Beginning October 1, 2005, 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.
(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 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)
A professional boxer, second, judge, physician, announcer,
timekeeper,
manager or matchmaker, amateur referee, and
professional
referee under article 8.
(c) (d)
An agency non-owner manager of a
collection agency
under article 9.
(d) (e)
A barber, student barber, student
instructor, and
barber instructor under article 11.
(e) (f)
An employment and consulting agent
of a personnel
agency under article 10.
(f) (g)
A cosmetologist, manicurist,
natural hair culturist,
esthetician, electrologist, instructor, and registered student
under article 12.
(g) (h)
A hearing aid salesperson and
trainee under article
13.
(h) (i)
A mortuary science licensee,
embalmer, and resident
trainee in mortuary science under article 18.
(i) (j)
An individual architect, surveyor,
and engineer under
article 20.
(j) (k)
A forester under article 21.
(k) (l) An
individual landscape architect under article 22.
(l) (m)
A community planner under article
23.
(m) (n)
An individual residential builder
and alteration and
maintenance contractor and a salesperson for a residential builder
and alteration and maintenance contractor under article 24.
(n) (o)
A real estate salesperson under
article 25.
(o) (p)
A real estate appraiser under
article 26.
(p) (q)
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 on active duty mobilized for
military
duty in the armed forces of the United States
in an area
designated
as a combat zone by the president
of the United States
is temporarily exempt from the renewal license fee, continuing
education requirements, and any other related requirements of this
act. 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,
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 active mobilized duty status. The
department, upon receiving a request for a temporary exemption
under this subsection, shall make a determination of the
requestor's status and grant the temporary exemption after
verification
of active mobilized duty status under this subsection.
A temporary exemption is valid until 90 days after the licensee's
or
registrant's release from the active mobilized duty upon 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 complete on its face and submitted with any applicable
licensing or registration fees as well as 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
state of Michigan.