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Rule Revisions for 2017

2017-001 LR

Construction Code – Part 8. Electrical Code Rules
(Licensing and Regulatory Affairs , Bureau of Construction Codes)

Part 8 of the Construction Code currently adopts by reference the 2014 edition of the National Electrical Code (NEC), which establishes standards for the safe installation of electrical wiring and equipment. Part 8 also includes rules that amend the NEC to address electrical practices that are specific to Michigan. The 2017 version of the NEC, which is the most current edition, contains provisions relating to revised standards and new materials. The proposed rules will adopt by reference the 2017 edition of the NEC with amendments, deletions, and additions deemed necessary for use in Michigan.


2017-002 LR

Board of Acupuncture - General Rules
(Licensing and Regulatory Affairs , Bureau of Professional Licensing)

These rules provide for the registration of acupuncturists.


2017-006 EQ

Part 9. Emission Limitation and Prohibitions--Miscellaneous
(Environmental Quality , Air Quality Division)

The purpose of these rule revisions is to update material adopted by reference in R 336.1902; to correct a reference listed in R 336.1971; to correct emission limits in R 336.1973 to align with the federal emission limits; and to add R 336.1974 as a new rule for existing commercial and industrial solid waste incinerators.


2017-015 SP

Motor Carriers
(State Police , Traffic Safety Division)

The goals and purposes of the Motor Carriers rule set are to promote safety upon the public highways of this state, to provide for the supervision, regulation, and control the use of such highways by all motor vehicles operated by carriers of property for hire upon or over such highways, to preserve, foster, and regulate transportation and permit the coordination of motor vehicle transportation facilities, and to fix, alter, regulate, and determine rates, fares, charges, and prevent unjust discrimination. The Motor Carriers rule set has not been amended to reflect significant legislative changes made to the Motor Carrier Act, 1933 PA 254, MCL 475.1 et seq., by 2014 PA 493, making the rule set difficult with which to comply. In addition, the rules need to reflect the transfer of authority from the Michigan Public Service Commission to the Michigan Department of State Police.


2017-019 LR

Board of Veterinary Medicine - General Rules
(Licensing and Regulatory Affairs , Bureau of Professional Licensing)

Public Act 47 of 2016 requires veterinarians to complete a minimum of 45 hours of continuing education as a condition of license renewal. The proposed rules establish the activities that are recognized for continuing education credit and the number of continuing education hours permitted for each activity. Additionally, the relicensure requirements have been revised to incorporate the continuing education requirements. The relicensure requirements have also been revised to require an applicant to establish that he or she is of good moral character, and if the license has been lapsed for 3 years or more, the applicant must submit to a criminal history check. Further rule revisions have been made to provide for clarity.


2017-020 LR

Veterinary Technician Licensure
(Licensing and Regulatory Affairs , Bureau of Professional Licensing)

Public Act 47 of 2016 requires veterinary technicians to complete a minimum of 15 hours of continuing education as a condition of license renewal. The proposed rules establish the activities that are recognized for continuing education credit and the number of continuing education hours permitted for each activity. Additionally, the relicensure requirements have been revised to incorporate the continuing education requirements. The relicensure requirements have also been revised to require an applicant to establish that he or she is of good moral character, and if the license has been lapsed for 3 years or more, the applicant must submit to a criminal history check. Further rule revisions have been made to provide for clarity.


2017-043 LR

Medical Marihuana Tracking
(Licensing and Regulatory Affairs , Bureau of Medical Marihuana Regulation)

The Marihuana Tracking Act, 2016 PA 282 (MCL 333.27901 to 333.27904) requires the Department of Licensing and Regulatory Affairs (LARA) to establish a statewide monitoring system for use as an integrated marihuana tracking, inventory, and verification system.


2017-058 SP

Criminal Justice Information Systems
(State Police , Criminal Justice Information Center)

The rules codify requirements for access, use, and disclosure of information in criminal justice information systems, including the law enforcement information network, the automated fingerprint information system, and other information systems related to criminal justice or law enforcement. The rules were last updated in June 2009. The Michigan State Police has identified certain definitions contained in R 28.5101 as being too broad, thereby creating confusion in determining what systems and what information are subject to these rules. The following definitions will be revised: “criminal justice information,” “criminal justice information systems,” and “other information systems.” The requirement that all agencies or entities having access to the Law Enforcement Information Network (LEIN) pay an annual fee is contained in R 28.5414; however, the Legislature is currently providing funding for LEIN services in the current MSP appropriations, Public Act 268 of 2016, and has required that the MSP maintain the LEIN.


2017-062 EQ

Part 4. Emissions Limitations and Prohibitions - Sulfur-Bearing Compounds
(Environmental Quality , Air Quality Division)

The purpose of the revisions to R 336.1401, R 336.1402, R 336.1404, and R 336.1420 is to update material adopted by reference. R 336.1440 is a new rule for controlling SO2 at large coal-burning power plants in St. Clair County and thereby meeting the SO2 State Implementation Plan requirements.


2017-068 EQ

Part 2. Air Use Approval
(Environmental Quality , Air Quality Division)

The DEQ requests to modify R 336.1224 and R 336.1226 by adding certain natural gas burning sources to be excluded from permitting requirements for Best Available Control Technology for Toxics (T-BACT) and health based screening levels. These sources are air pollution control equipment and fuel burning or natural gas-fired equipment with a natural gas usage rate of 50,000 cubic feet per hour or less, with vertical and unobstructed stacks that are at least 1.5 times the height of the building. Unlike the current exempted sources, these natural gas-burning sources will not be limited by building set back distances. The existing exemption is not useful to a large percentage of these sources. This proposed additional exemption will remedy that without impacting air quality. The DEQ also plans to add language to R 336.1285 to exempt the installation of vapor intrusion remediation equipment on small sources from the AQD permitting requirement. This exemption will allow these sources to install equipment more quickly.


2017-069 EQ

Part 8. Emission Limitations and Prohibitions-Oxides of Nitrogen (NOx)
(Environmental Quality , Air Quality Division)

The Part 8 rules were developed to address federal regulations referred to as the “NOx SIP Call” and the Clean Air Interstate Rule (CAIR), and to create an emissions trading program to reduce overall nitrogen oxides (NOx) concentrations for incorporation into Michigan’s State Implementation Plan (SIP). In 2015, implementation of Cross-State Air Pollution Rule (CSAPR), another federal regulation, replaced the federal CAIR. As such, CAIR references need to be removed from several Part 8 rules and/or updated to CSAPR. The trading program in the Part 8 rules is no longer applicable and must be removed.


2017-070 EQ

Part 18. Prevention of Significant Deterioration of Air Quality
(Environmental Quality , Air Quality Division)


2017-071 EQ

Part 19. New Source Review For Major Sources Impacting Nonattainment Areas
(Environmental Quality , Air Quality Division)

These rule revisions are intended to match federal requirements, correct grammatical errors and inconsistencies between Part 18 and Part 19, eliminate outdated compliance dates, and address the movement of references to another rule part. The Part 19 rules need to be updated to match the federal requirements for ozone offsets in nonattainment area permitting. In addition, there are inconsistencies in language between Part 18 and Part 19, which have some small, but potentially significant, wording differences that need to be corrected. Throughout the rules there are compliance dates that are outdated and are being removed for simplicity. Finally, adoptions by reference in this section are being moved to Part 9 of the air quality rules.


2017-075 TY

Horse Racing General Rules
(Treasury, Michigan Gaming Control Board)

The rules will provide the regulatory framework for conducting horse racing, pari-mutuel wagering on horse racing results, and simulcasting. The rule set will recognize the abolishment of the Office of Racing Commissioner and the Racing Commissioner to reflect the 2009 Executive Reorganization Order transferring all authority, powers, duties, and functions to the Michigan Gaming Control Board, specifically, the Executive Director of the Michigan Gaming Control Board; define new terms; reorganize defined terms; consolidate the occupational licensing process and standards; set procedures to register Certified Horsemens’ Organizations; authorize workouts or qualifying races at training centers; expand declaratory ruling procedures; set standards for weather related race cancellations; change rules related to medication levels and administration requirements to conform to national standards; modify trainer responsibilities; provide agency control of post-mortem examinations for horses; modify claiming procedures; specify required safety equipment for participants; reorganize rules related to possession and use of drugs and foreign substances, veterinarians lists, and denerving and shockwave therapy; redefine ownership interests; rescind and add various types of wagering; and, rescind rule related to simulcast purse pool distributions.


2017-076 TY

Michigan Competitive Scholarship Program
(Treasury, Student Financial Services Bureau)

MCL 390.973(3) of 1964 PA 208 mandates that the Michigan Higher Education Assistance Authority (Authority) shall promulgate rules for the conduct of examinations for the award of scholarships and the procedures for the awarding of annual renewal scholarships. In addition, MCL 390.979 directs that the Authority shall promulgate rules prescribing the reports to be made by the applicants awarded state competitive scholarships or annual renewal scholarships and the postsecondary institutions enrolling the applicants.


2017-084 LR

Part 14. Tunnels, Shafts, Caissons and Cofferdams
(Licensing and Regulatory Affairs , MIOSHA)

CS Part 14 Tunnels, Shafts, Caissons, and Cofferdams gives direction to employers and employees on protecting Michigan employees from health and safety hazards in the workplace when using tunnels, shafts, caissons, and cofferdams.


2017-085 LR

Storage and Handling of Gaseous and Liquefied Hydrogen Systems
(Licensing and Regulatory Affairs , Bureau of Fire Services)

These rules apply to the storage and handling of all gaseous and liquefied hydrogen systems and are intended to address fire safety issues regarding these systems. The existing rules adopt by reference the National Fire Protection Association (NFPA) pamphlet 50A, 1999 edition and NFPA pamphlet 50B, 1999 edition. The proposed rules will rescind the current rules (R 29.7001 – R 29.7127) and adopt by reference NFPA 2, 2016 edition, with the addition of Michigan specific administrative amendments.


2017-086 LR

Board of Massage Therapy – General Rules
(Licensing and Regulatory Affairs , Bureau of Professional Licensing)

The general purpose of these rules provides educational, licensure, and continuing education requirements. The proposed rules rescind the existing rules and reorganize them into a logical sequence.


2017-087 LR

Residential Builders and Maintenance and Alteration Contractors
(Licensing and Regulatory Affairs , Bureau of Professional Licensing)

The existing rules regulate residential builders and residential maintenance and alteration contractors. The current rules are being revised to fix a typographical error, rescind a moot rule, clarify the department’s role in instructor qualification review and continuing competency requirements, and update a rule for consistency with the Occupational Code.


2017-091 LR

Technical Standards for Electric Service
(Licensing and Regulatory Affairs , Public Service Commission)

These rules apply to electric utility service provided by utilities that are subject to the jurisdiction of the Public Service Commission. The rules are intended to promote safe and adequate electric service to the public, to provide standards for uniform and reasonable electric practices by utilities, and to encourage efficiency and safety. Changes to these rules are supported by the Commission and by regulated industry. Because the current rules have not been revised in more than a decade, the Commission believes it is important to update the technical standards for electric service to reflect the emerging technological advancements in the area of metering, metering equipment inspections, and tests. In addition, the Commission proposes removing references to obsolete equipment from the existing rules. The Commission also proposes to add a rule addressing cybersecurity and uniform reporting practices for the utilities. The Commission believes that a new cybersecurity rule is necessary because cybersecurity threats challenge the reliability, resiliency, and safety of the electric grid, and because utility spending to address cyber vulnerabilities can impact the bills that customers pay.


2017-092 TY

Michigan Gaming Control Board - Administrative Rules - Casino Gaming (Parts 1-16)
(Treasury, Michigan Gaming Control Board)

These rules will provide the regulatory framework for the licensing and operation of the three commercial casinos located in Detroit, their suppliers and employees. The rule set will eliminate the definitions of business or calendar day because the casinos operate 24 hours a day, 7 days a week; include standard industry acronyms for electronic gaming devices, random access memory, random number generator; remove the definition of public official because the term is not used in the rules; clarify persons authorized to carry weapons in casinos, and express permission to carry handcuffs by private casino security personnel is being eliminated; change the location of MGCB’s principal office from Lansing to Detroit; revise the requirements relating to the transfers of ownership, suspected criminal activity reporting, patron disputes procedures, application process, and revise exemptions from supplier licensing; modify the process to appeal a board decision; update the rules on surveillance, instruments of monetary value, conduct of gaming and gaming equipment, remove tokens, and movement of electronic gaming devices and live table games; revised parking space requirements; ensure processes are in place to prevent disassociated persons from participating in gaming activities.


2017-094 LR

Board of Social Work - General Rules
(Licensing and Regulatory Affairs , Bureau of Professional Licensing)

Part 1 of the social work rules pertains to definitions, educational standards adopted by reference, adoption of the social work examination, and the requirements and standards for identifying victims of human trafficking training. The current rules are being revised to fix typographical errors, update accrediting agency information, and clarify the existing language regarding the social work examination.


2017-095 LR

Complaints
(Licensing and Regulatory Affairs , Bureau of Community and Health Systems)

These rules provide the process for receiving and handling complaints filed against a health facility. The current rule set will be rescinded and recodified into a single new rule set for licensing health facilities or agencies that will comport with today’s practice standards, harmonize them with current federal law and regulations, and to reflect the current organization of state licensing functions.


2017-096 LR

Public Inspection of License Records
(Licensing and Regulatory Affairs , Bureau of Community and Health Systems)

These rules provide for the public inspection and copying of license records for health facilities. The current rule set will be rescinded and recodified into a single new rule set for licensing health facilities or agencies that will comport with today’s practice standards, harmonize them with current federal law and regulations, and to reflect the current organization of state licensing functions.


2017-097 LR

Hospice Licensure Rules
(Licensing and Regulatory Affairs , Bureau of Community and Health Systems)

These rules provide the licensing regulations for hospice facilities, including establishing the standards for quality of care. The current rule set will be rescinded and recodified into a single new rule set for licensing health facilities or agencies that will comport with today’s practice standards, harmonize them with current federal law and regulations, and reflect the current organization of state licensing functions.


2017-098 LR

Minimum Standards for Hospitals
(Licensing and Regulatory Affairs , Bureau of Community and Health Systems)

These rules provide the licensing regulations for hospitals, including establishing the standards for quality of care. The current rule set will be rescinded and recodified into a single new rule set for licensing health facilities or agencies that will comport with today’s practice standards, harmonize them with current federal law and regulations, and reflect the current organization of state licensing functions.


2017-099 LR

Nursing Homes and Nursing Care Facilities
(Licensing and Regulatory Affairs , Bureau of Community and Health Systems)

These rules provide the licensing regulations for Nursing Homes and Nursing Care facilities, including establishing the standards for quality of care. The current rule set will be rescinded and recodified into a single new rule set for licensing health facilities or agencies that will comport with today’s practice standards, harmonize them with current federal law and regulations, and reflect the current organization of state licensing functions.


2017-100 LR

Freestanding Surgical Outpatient Facilities
(Licensing and Regulatory Affairs , Bureau of Community and Health Systems)

These rules provide for the licensing regulations of freestanding surgical outpatient facilities including establishing the standards for quality of care. The current rule set will be rescinded and recodified into a single new rule set for licensing health facilities or agencies that will comport with today’s practice standards, harmonize them with current federal law and regulations, and to reflect the current organization of state licensing functions.


2017-101 LR

Licensing Health Facilities or Agencies
(Licensing and Regulatory Affairs , Bureau of Community and Health Systems)

There are six rule sets for licensing health facilities and agencies. Although most of them have undergone periodic review and revision, it has been too long since a comprehensive review and revision was done to assure they comport with current practice standards, to harmonize them with current federal law and regulations, and to reflect the current organization of state licensing functions. Some of these rules are obsolete and there is a significant amount of duplication between rule sets. The purpose of promulgating a single new rule set for health facility licensing is to better protect the health, safety, and welfare of individuals receiving care and services in or from a health facility or agency, and to assure the medical accountability for reimbursed care provided by a certified health facility or agency participating in a federal or state health program. The new rule set will focus on core principles and standards of health facility licensing; fulfill statutory requirements; comport with current practice standards; harmonize with federal law and regulations; and, be free of redundant, obsolete, or unnecessary language. The new rule set will replace the following six rule sets.