February 17, 2010, Introduced by Rep. Durhal and referred to the Committee on Appropriations.
A bill to amend 1984 PA 192, entitled
"Forbes mechanical contractors act,"
by amending sections 6, 11, and 16 (MCL 338.976, 338.981, and
338.986), section 6 as amended by 2004 PA 271 and section 11 as
amended by 1990 PA 5.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 6. (1) Upon the filing of an application on a form
prescribed by the department and payment of the examination fee
prescribed in section 10, the department shall conduct examinations
to establish the qualifications and competency of applicants
seeking licensing for the category for which the application is
submitted and shall issue licenses to those who pass the
examinations and pay the initial issuance fee, except as otherwise
provided for in this act. An applicant who seeks licensure in more
than 1 work classification listed in subsection (3) on a single
application shall only be required to pay 1 examination fee and 1
initial
issuance fee as provided in section 10. A person applying
for
a license under this act shall also pay the amount required to
be
paid under the construction lien act, 1980 PA 497, MCL 570.1101
to
570.1305, which amount shall be paid to the department for
deposit
in the homeowner construction lien recovery fund. A person
is
not required to pay more than $50.00 in an assessment period
under
that act, regardless of the number of licenses applied for or
held.
(2) An applicant is not considered eligible for examination
unless the applicant is of good moral character, as defined in
section
1 of 1974 PA 381, MCL 338.41, to
338.47, and has a minimum
of 3 years of experience or an equivalent of that experience
acceptable to the board, upon proper showing to the department, in
1 or more of the work classifications listed in subsection (3).
(3) A contractor's license obtained shall be classified and
limited as 1 or more of the following:
(a) Hydronic heating and cooling and process piping.
(b) HVAC equipment.
(c) Ductwork.
(d) Refrigeration.
(e) Limited service, heating or refrigeration.
(f) Unlimited service, heating or refrigeration.
(g) Fire suppression.
(h) Specialty.
Sec. 11. (1) The department may investigate the activities of
a licensee related to the licensee's activities as a contractor.
The department may hold hearings, administer oaths, and order
relevant testimony to be taken and shall report its findings to the
board. The board shall proceed under section 16 if the board finds
that any of the following grounds exist:
(a) The practice of fraud or deceit in obtaining a license
under this act.
(b) The practice of fraud or deceit in the performance of work
for which a license is required under this act.
(c) An act of gross negligence.
(d) The practice of false advertising.
(e)
An act which that demonstrates incompetence.
(f) A violation of this act or a rule promulgated under this
act.
(2)
The board, upon recommendation of the department, shall
suspend
or revoke the license of any 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, nor shall a new license be issued until the
person
whose license has been suspended or revoked under this
subsection
has repaid in full to the fund the amount paid out plus
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.
(2) (3)
The department shall conduct a
review upon notice by
the department of public health that the licensee has violated the
asbestos
abatement contractors licensing act, Act No. 135 of the
Public
Acts of 1986, being sections 1986
PA 135, MCL 338.3101 to
338.3319, of
the Michigan Compiled Laws, or sections 57 to 60f of
the
Michigan occupational safety and health act, Act No. 154 of
the
Public
Acts of 1974, being sections 408.1057 to 408.1060f of the
Michigan
Compiled Laws and may suspend or
revoke that person's
license
for a knowing violation of those acts that act.
(3) (4)
A revocation, suspension, or other
sanction set forth
in
subsection (3) (2) or section 16 shall be imposed only after a
hearing has been conducted 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.
(4) (5)
The installation, alteration, or
servicing of heating,
cooling, ventilating, or refrigerating equipment or systems shall
not be performed under a license that has been suspended, revoked,
or has expired. A license, other than a license issued under this
act, shall not be recognized for securing permits to install,
alter, or service heating, cooling, ventilating, or refrigerating
equipment or systems.
Sec. 16. After finding the existence of 1 or more of the
grounds for board action described in section 11(1) and after an
opportunity
for a hearing, the board , except as provided in
section
11(2), shall impose 1 or more of
the following sanctions
for each violation:
(a) Suspension of the license issued under this act.
(b) Denial of the license required under this act.
(c) Revocation of the license issued under this act.
(d) A requirement that restitution be 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.