September 25, 2018, Introduced by Rep. Moss and referred to the Committee on Regulatory Reform.
A bill to amend 1980 PA 299, entitled
"Occupational code,"
by amending section 411 (MCL 339.411), as amended by 2014 PA 265.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 411. (1) Subject to subsection (2), a person that fails
to renew a license or registration on or before the expiration date
shall not practice the occupation, operate, or use the title of
that occupation 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 that fails to renew a license or registration on
or before the expiration date is 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 that
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) Any penalties or 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 if the person
shows 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 that 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 for 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 under section 203(2).
(6) The department shall issue an initial or renewal license
or registration not later than 90 days after the applicant files a
completed application. The application is considered received on
the date the application is received by any agency or department of
this state. 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 from the date the department notifies the applicant 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 this state.
(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%. A 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 the department shall place that application,
when completed, 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 on
the fact that the license or registration fee was refunded or
discounted under this subsection.
(9) 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 state 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 by the department.
(c) The number of applicants that were not issued a license or
registration within the applicable time period and the amount of
money returned to licensees and registrants under subsection (8).
(d) The number of applications denied by the department
because of an applicant's lack of good moral character and a
summary, by category of offense, of the criminal convictions on
which those denials were based.
(10) Subsection (6) does not apply to a license or
registration for any of the following:
(a) A certified public accountant and registered accountant
under article 7.
(b) An agency non-owner manager of a collection agency under
article 9.
(c) A barber, student barber, student instructor, or barber
instructor under article 11.
(d) An employment and consulting agent of a personnel agency
under article 10.
(e) A cosmetologist, manicurist, natural hair culturist,
esthetician, electrologist, instructor, or registered student under
article 12.
(f) A hearing aid salesperson and trainee under article 13.
(g) A mortuary science licensee, embalmer, or resident trainee
in mortuary science under article 18.
(h) An individual architect, surveyor, or engineer under
article 20.
(i) An individual landscape architect under article 22.
(j) An individual residential builder and alteration and
maintenance contractor or a salesperson for a residential builder
and alteration and maintenance contractor under article 24.
(k) A real estate salesperson under article 25.
(l) A real estate appraiser under article 26.
(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 mobilized for military duty in
the
armed forces Armed Forces of the United States by the president
President of the United States is temporarily exempt from any
renewal license fee, continuing education requirements, or other
related requirements of this act applicable to that license or
registration. 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,
the licensee shall provide notice of arrangements for adequate
provision of that supervision and oversight to the department. The
licensee or registrant shall accompany the request with proof, as
determined by the department, to verify the mobilized duty status.
If it receives a request for a temporary exemption under this
subsection, the department shall make a determination of the
requestor's status and grant the temporary exemption after
verification of mobilized duty status under this subsection. A
temporary exemption is valid until 90 days after the licensee's or
registrant's release from the mobilized duty on 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 that is complete on its face and submitted with any
applicable licensing or registration fees and 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
this state.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless House Bill No. 6110 of the 99th Legislature is enacted into
law.