May 16, 2018, Introduced by Senator ZORN and referred to the Committee on Oversight.
A bill to amend 2000 PA 92, entitled
"Food law,"
by amending section 4116 (MCL 289.4116), as amended by 2007 PA 114.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
4116. (1) Beginning the effective date of the amendatory
act
that added this subsection July
23, 2004, and notwithstanding
any other provision of this act, the department shall issue an
initial license not later than 90 days after the applicant files a
completed application and shall issue a renewal license not later
than 120 days after the applicant files a completed application.
Receipt of the application is considered the date the application
is
received by any an agency or department of the this state. of
Michigan.
If the application is considered
incomplete by the
department, the department shall notify the applicant in writing,
or make the information electronically available, within 30 days
after receipt of the incomplete application, describing the
deficiency and requesting the additional information. The period
regarding license issuance and renewal 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 is not operate as an approval
of the application for the license and does not confer eligibility
upon an applicant determined otherwise ineligible for issuance of a
license.
(2) If the department fails to issue or deny a license within
the time required by this section to an establishment that is
otherwise ready to operate and is prevented from operating, the
department shall return the license fee and shall reduce the
license fee for the applicant's next renewal application, if any,
by 15%. The failure to issue a license 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 must 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 the
application based upon the fact that the license fee was refunded
or discounted under this subsection.
(3)
Beginning October 1, 2005, the director of the department
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 agricultural and food 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 appropriate time
period
described in subsection (1).
(b)
The number of applications denied.
(c)
The number of applicants not issued a license within the
appropriate
time period and the amount of money returned to
licensees
and registrants under subsection (2).
(3) (4)
As used in this section,
"completed application" means
an application complete on its face and submitted with any
applicable licensing 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
this
state. of Michigan. In the
case of an initial application,
completed application includes the completion of construction or
renovation of any facility and the passing of a satisfactory
evaluation.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.