HB-5831, As Passed House, June 16, 2010
February 17, 2010, Introduced by Rep. Durhal and referred to the Committee on Appropriations.
A bill to amend 1956 PA 217, entitled
"Electrical administrative act,"
by amending sections 3b, 8b, and 8e (MCL 338.883b, 338.888b, and
338.888e), sections 3b and 8e as added by 1990 PA 246 and section
8b as amended by 1992 PA 130.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
3b. (1) The department of energy,
labor, and economic
growth shall issue an electrical contractor's license to a person
who does all of the following:
(a)
Holds a master electrician's license or has not less than
at least 1 master electrician residing in this state who is in his
or her full-time employ. That master electrician shall be actively
in charge of and responsible for code compliance of all
installations of electrical wiring and equipment.
(b) Files a completed application on a form provided by the
department of energy, labor, and economic growth.
(c) Pays the examination fee and passes an examination
provided for by the board and the department of energy, labor, and
economic growth.
(d) Pays the license fee prescribed in section 3.
(2)
A person applying for an electrical contractors license
under
this act shall also pay the amount required to be paid under
the
construction lien act, Act No. 497 of the Public Acts of 1980,
being
sections 570.1101 to 570.1305 of the Michigan Compiled Laws,
which
amount shall be paid to the department of licensing and
regulation
for deposit into the homeowner construction lien
recovery
fund. A person shall not be required to pay more than
$50.00
in an assessment period under Act No. 497 of the Public Acts
of
1980, regardless of the number of licenses applied for or held.
Sec.
8b. (1) The department of energy,
labor, shall have and
economic growth has the authority to investigate the activities of
a
person licensed or registered under this act which that are
related to the person's licensure or registration as an electrical
or specialty contractor, master electrician, sign specialist, fire
alarm specialty technician, electrical journeyman, fire alarm
specialty apprentice technician, or apprentice electrician, which
activities include, but are not limited to, the grounds described
in subsection (2)(a) through (d). The department of energy, labor,
and economic growth may hold hearings pursuant to the
administrative
procedures act of 1969, Act No. 306 of the Public
Acts
of 1969, being sections 1969
PA 306, MCL 24.201 to 24.328, of
the
Michigan Compiled Laws, and shall
report its findings to the
board.
(2)
After a hearing under Act No. 306 of the Public Acts of
1969,
the administrative procedures
act of 1969, 1969 PA 306, MCL
24.201 to 24.328, the board shall proceed under section 8e against
a person if the board finds that 1 or more of the following grounds
for board action exist:
(a) Fraud or deceit in obtaining a license or registration
under this act.
(b) The willful violation of a code.
(c) False advertising.
(d) A violation of this act or rules promulgated under this
act except in the case of minor violations as described in section
8c.
(3)
Notwithstanding section 8e, the board, upon recommendation
of
the department of labor, shall suspend or revoke the license of
a
person whose failure to pay a lien claimant results in a payment
being
made from the homeowner construction lien recovery fund
pursuant
to the construction lien act, Act No. 497 of the Public
Acts
of 1980, being sections 570.1101 to 570.1305 of the Michigan
Compiled
Laws. The license shall not be renewed and a new license
shall
not be issued until that person has made full restitution to
the
fund, including the costs of litigation and interest at the
rate
set by section 6013 of the revised judicature act of 1961, Act
No.
236 of the Public Acts of 1961, being section 600.6013 of the
Michigan Compiled Laws.
(3) (4)
The board, after a hearing, shall
recommend to a
governmental subdivision licensing authority that it revoke or
suspend the license or registration issued by it to a person.
(4) (5)
Activity regulated under this act
and requiring
licensure or registration shall not be performed by a person whose
license or registration has been suspended or revoked or whose
license or registration has expired.
Sec. 8e. (1) After finding the existence of a violation
described in section 8b and after an opportunity for a hearing, the
board,
except as otherwise provided in section 8b(3) or 8d, shall
impose 1 or more of the following sanctions for a violation:
(a) Suspension of the license or registration issued under
this act.
(b) Denial of the license or registration required under this
act.
(c) Revocation of the license or registration issued under
this act.
(d) Restitution.
(2) After finding the existence of 2 violations of this act
within a period of 2 years, the board may double the fine imposed
under this act.
(3) After finding the existence of 3 violations of this act
within a period of 3 years, the board shall revoke the person's
license or registration and permanently deny the person's
reapplication for a license or registration of the class revoked.
(4) For purposes of this section, 1 or more violations
occurring or reported on the same date on the same jobsite shall be
considered 1 violation.
(5) If restitution is required to be made by a licensee or
registrant under this section, the board may suspend the license or
registration of the person required to make the restitution until
restitution is made.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5830(request no.
04360'09 *) of the 95th Legislature is enacted into law.