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2014-075 TY

Taxpayers Bill of Rights
(Treasury, Bureau of Tax & Economic Policy)

The amendments will update the rules to conform to changes made to the Revenue Act, MCL 205.1 et seq.; and to comply with the decision in Fradco, Inc. and SMK, LLC v Dep’t of Treasury, 495 Mich 104; 845 NW2d 81 (2014).


2014-148 HS

Body Art Facilities
(Health and Human Services, Population Health and Community Services)

The proposed rules will authorize local health departments to enforce the Body Art Facilities Act, which is part 131 of the Public Health Code, MCL 333.13101 et seq., as permitted by MCL 333.2235 and MCL 333.13108. The local health departments enforce the body art act by inspecting facilities that apply or renew for a license. But MDCH receives complaints about unlicensed facilities. The proposed rules will provide MDCH with authority to work with local health departments and other MDCH agencies to investigate, cite, and follow-up with agencies operating without a license. The proposed rules will allow the body art facility unit within MDCH to act like a regulatory agency in collaboration with DLARA to educate and investigate facilities.


2014-155 NR

Pure Michigan Trail, Water Trail, and Trail Town Designation
(Natural Resources , Parks and Recreation Division)

The proposed rules will define the necessary criteria for designation as a Pure Michigan trail, water trail, and trail town as called for in PA 210 of 2014. These criteria will be used by a governmental unit or non-profit that manages a trail, water trail, or community that they believe warrants the relevant designation. The act established the general criteria for consideration as a Pure Michigan trail, water trail, or trail town and also provided that the Department of Natural Resources may define other criteria necessary to implement the program.


2015-027 LR

Securities
(Licensing and Regulatory Affairs , Corporations, Securities, & Commercial Licensing)

In 2008 the Uniform Securities Act, 1964 PA 264, was repealed and replaced with the Uniform Securities Act (2002), 2008 PA 551. The act requires the department to promulgate rules and this new rule set will meet that statutory requirement. The Uniform Securities Act (2002) was amended in 2013 by 2013 PA 264 to permit the Department to promulgate rules to implement the provisions of section 202a, and in 2014 by 2014 PA 355, to permit the Department to promulgate rules that the administrator considers necessary to administer Article 4a of the Uniform Securities Act.


2015-060 LR

Underground Storage Tank Regulations
(Licensing and Regulatory Affairs , Bureau of Fire Services)

The current rules were promulgated in 1998 and updated in 2008 and 2012. The Federal Environmental Protection Agency (EPA) recently revised the underground storage tank regulation and the state program approval regulation, which are the bases for Michigan’s underground storage tank rules. The federal regulations, which go into effect October 13, 2015, will update these regulations and will establish federal requirements that are similar to key portions of the Energy Policy Act of 2005. The amendments and additions to Michigan’s rules reflect changes in the EPA rules requirements.


2015-086 LR

Architects
(Licensing and Regulatory Affairs , Bureau of Professional Licensing)

The current rules reference documents from the National Architectural Accrediting Board (NAAB) and the National Council of Architectural Registration Boards (NCARB), both of which have been updated by those organizations. The outdated rules are potentially prohibitive of the licensure process in Michigan as compared to other states.


2015-094 EQ

Environmental Contamination Response Activity
(Environmental Quality , Remediation and Redevelopment Division)

Pursuant to MCL 324.20120a, the DEQ is required to evaluate and revise the cleanup criteria derived under that Section. The evaluation must incorporate knowledge gained through research studies in the areas of fate and transport and risk assessment of hazardous substances, and shall take into account best practices from other states, reasonable and realistic conditions, and sound science. This rule package accomplishes that goal.


2016-051 NR

Nonmetallic Minerals Leased on State Lands
(Natural Resources , Office of Minerals Management)

These rules govern the leasing process for state-owned nonmetallic minerals resources. These rules have not been updated or otherwise amended since 1987. The proposed amendments will update the rules to clarify and simplify the leasing process.


2016-057 LR

Michigan Gas Safety Standards
(Licensing and Regulatory Affairs , Public Service Commission)

In order for Michigan to maintain jurisdiction over gas pipeline facilities and transportation, the state must certify that it has adopted each applicable federal standard, or is taking steps to adopt that standard, 49 USC 60105(b)(2). Failure to adopt the updates to the federal standards will eventually lead to reduction or termination of federal funding to the state to carry out enforcement of these standards. In addition, failure to maintain local jurisdiction over pipeline regulation will mean that pipelines located in Michigan will be forced to submit to federal regulators located in Washington D.C. or other out-of-state locations. Thus, the primary purpose of these amendments is to adopt by reference current federal regulations governing gas safety along with updating certain other technical standards contained in the rules. The proposed amendments may also make minor changes to Michigan rules so that the language in these rules conforms more closely to the federal rules.


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.


2017-003 LR

Preservation of Records of Electric, Gas, And Water Utilities
(Licensing and Regulatory Affairs , Public Service Commission)

The purpose of the rules revision is to rescind or revise references to outdated methods of record-keeping and retention, and include currently used methods, such as electronic storage. The rules were last revised in the 1980s and are not consistent with current modes of record storage. For example, the rules refer to punch cards which are no longer used.


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.


2017-008 EQ

Supplying Water to the Public - Part 1 - Part 28
(Environmental Quality , Drinking Water & Municipal Assistance Division)


2017-009 LR

Michigan Boiler Rules
(Licensing and Regulatory Affairs , Bureau of Construction Codes)

The Skilled Trades Regulation Act, 2016 PA 407, repealed the Boiler Act of 1965, 1965 PA 290, MCL 408.751 to 408.776. The repealed Boiler Act is outdated and does not provide uniform licensing, complaint investigation, and enforcement provisions for skilled trades licenses. This places a burden on the bureau administering the Boiler Act and creates an inefficient use of resources. Additionally, many licensees who are cross-licensed in multiple trades have expressed dissatisfaction with conflicting provisions in separate licensing statutes. The Skilled Trades Regulation Act, 2016 PA 407, streamlines the processes for all license types included while providing for modernized provisions, such as electronic communication and third party continuing education tracking options, and specifies violations for unlicensed activity as provided to other regulated professions. Because the Boiler Act of 1965 was repealed, the bureau plans to rescind the licensing rules promulgated under that Act and create a new rule set to house all licensing rules regulated under the Skilled Trades Regulation Act, including the boiler rules.


2017-010 LR

License Examination Procedures
(Licensing and Regulatory Affairs , Bureau of Construction Codes)

The Skilled Trades Regulation Act, 2016 PA 407, repealed the Forbes Mechanical Contractors Act, 1984 PA 192, MCL 338.971 to 338.988. The Mechanical Contractors Act is outdated and does not provide uniform licensing, complaint investigation, and enforcement provisions for skilled trades licenses. This places a burden on the bureau administering the Mechanical Contractors Act, and creates an inefficient use of resources. Additionally, many licensees who are cross-licensed in multiple trades have expressed dissatisfaction with conflicting provisions in separate licensing statutes. The Skilled Trades Regulation Act, 2016 PA 407, streamlines the processes for all license types included while providing for modernized provisions such as electronic communication and third party continuing education tracking options, and specifies violations for unlicensed activity as provided to other regulated professions. Because the Mechanical Contractors Act was repealed, the bureau plans to rescind the license examination procedure rules promulgated under that Act and create a new rule set to house all licensing rules regulated under the Skilled Trades Regulation Act, including the license examination procedure rules.


2017-011 LR

Building Officials, Plan Reviewers, and Inspectors
(Licensing and Regulatory Affairs , Bureau of Construction Codes)

The Skilled Trades Regulation Act, 2016 PA 407, repealed the Building Officials and Inspectors Registration Act, 1986 PA 54, MCL 338.2301 to 338.2313. The repealed Building Officials and Inspectors Act is outdated and does not provide uniform licensing, complaint investigation, and enforcement provisions for skilled trades licenses. This places a burden on the bureau administering the Building Officials and Inspectors Registration Act and creates an inefficient use of resources. Additionally, many licensees who are cross-licensed in multiple trades have expressed dissatisfaction with conflicting provisions in separate statutes. The Skilled Trades Regulation Act, 2016 PA 407, streamlines the processes for all license types included while providing for modernized provisions, such as electronic communication and third party continuing education tracking options, and specifies violations for unlicensed activity as provided to other regulated professions. Because the Building Officials and Inspectors Act was repealed, the bureau plans to rescind the licensing rules promulgated under that Act and create a new rule set to house all licensing rules regulated under the Skilled Trades Regulation Act, including the building officials, plan reviewers, and inspectors rules.


2017-012 LR

Electrical Administrative Board General Rules
(Licensing and Regulatory Affairs , Bureau of Construction Codes)

The Skilled Trades Regulation Act, 2016 PA 407, repealed the Electrical Administrative Act, 1956 PA 217, MCL 338.881 to 338.892. The Electrical Administrative Act is outdated and does not provide uniform licensing, complaint investigation, and enforcement provisions for skilled trades licenses. This places a burden on the bureau administering the Electrical Administrative Act, and creates an inefficient use of resources. Additionally, many licensees who are cross-licensed in multiple trades have expressed dissatisfaction with conflicting provisions in separate statutes. The Skilled Trades Regulation Act, PA 407 of 2016, streamlines the processes for all license types included while providing for modernized provisions, such as electronic communication and third party continuing education tracking options, and specifies violations for unlicensed activity as provided to other regulated professions. Because the Electrical Administrative Act was repealed, the bureau plans to rescind the licensing rules promulgated under that Act and create a new rule set to house all licensing rules regulated under the Skilled Trades Regulation Act, including the electrical administrative board general rules.


2017-013 LR

State Plumbing Board License Rules
(Licensing and Regulatory Affairs , Bureau of Construction Codes)

The Skilled Trades Regulation Act, 2016 PA 407, repealed the State Plumbing Act, 2002 PA 733, MCL 338.3511 to MCL 338.3569. The repealed Plumbing Act is outdated and does not provide uniform licensing, complaint investigation, and enforcement provisions for skilled trades licenses. This places a burden on the bureau administering the Plumbing Act, and creates an inefficient use of resources. Additionally, many licensees who are cross-licensed in multiple trades have expressed dissatisfaction with conflicting provisions in separate licensing statutes. The Skilled Trades Regulation Act, 2016 PA 407, streamlines the processes for all license types included while providing for modernized provisions, such as electronic communication and third party continuing education tracking options, and specifies violations for unlicensed activity as provided to other regulated professions. Because the State Plumbing Act was repealed, the bureau plans to rescind the licensing rules promulgated under that Act and create a new rule set to house all licensing rules regulated under the Skilled Trades Regulation Act, including the plumbing board licenses rules.


2017-014 LR

Skilled Trades Regulation
(Licensing and Regulatory Affairs , Bureau of Construction Codes)

The Skilled Trades Regulation Act, 2016 PA 407, MCL 338.3511 to MCL 338.3569, repealed the following acts: • The Boiler Act of 1965, 1965 PA 290, MCL 408.751 to 408.776. • The State Plumbing Act, 2002 PA 733, MCL 338.3511 to 338.3569. • The Forbes Mechanical Contractors Act, 1984 PA 192, MCL 338.971 to 338.988. • The Electrical Administrative Act, 1956 PA 217, MCL 338.881 to 338.892. • The Building Officials and Inspectors Registration Act, 1986 PA 54, MCL 338.2301 to 338.2313. The repealed acts are outdated and do not provide uniform licensing, complaint investigation, and enforcement provisions for skilled trades licenses. This places a burden on the bureau administering these acts, and creates an inefficient use of resources. Additionally, many licensees who are cross-licensed in multiple trades have expressed dissatisfaction with conflicting provisions in separate statutes. The Skilled Trades Regulation Act, 2016 PA 407, streamlines the processes for all license types included while providing for modernized provisions, such as electronic communication and third party continuing education tracking options, and specifies violations for unlicensed activity as provided to other regulated professions. While the Skilled Trades Regulation Act repealed the five Acts that regulated certain skilled trades, this new Act includes provisions to regulate those same skilled trades. Consequently, the bureau is promulgating a new rule set to regulate these skilled trades, as provided under the new Act. In addition, the bureau has submitted separate RFRs to rescind the current rules that were promulgated under the authority of the five Acts that have been repealed.


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.


2017-016 LR

Responsibilities of Providers of Basic Local Exchange Service that Cease to Provide the Service
(Licensing and Regulatory Affairs , Public Service Commission)

The proposed rules will address the responsibilities of providers of basic local exchange service that cease to provide the service to any segment of end users or geographic area; go out of business; or, withdraw from the state, including the transfer of customers to other providers and the reclaiming of unused telephone numbers. Specifically, the proposed rules will address the roles and responsibilities of retail and wholesale providers that are involved in interconnection disputes with each other, which may result in the disconnection of end-user customers.


2017-017 EQ

Oil and Gas Operations
(Environmental Quality , Oil, Gas, & Minerals Division)

R 324.208 mandates that oil and gas well permits shall terminate two years after the date of issuance unless drilling has begun or the well is in operation. In recent years, there has been an increasing number of legal challenges and economic factors that have delayed the start of drilling beyond two years after permit issuance. Many states and the federal government allow for extension of a permit for such reasons; whereas, Michigan’s current oil and gas rules do not. The inability to extend a permit can pose a problem for permittees. R 324.212 sets the amounts of single-well and blanket bonds for oil and gas exploration and production wells, gas storage wells, and associated injection wells and facilities. Part 615, Supervisor of Wells, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA) provides for the Supervisor of Wells (Supervisor) to claim a bond to cover costs incurred by the Supervisor to case, plug, or repair a well. The bond amounts were last set in 1996. Since that time, the costs to plug wells have risen by approximately 100 percent. A 2013 audit contained a finding by the Auditor General that “OOGM [since renamed OGMD, the Oil, Gas, and Minerals Division] had not pursued changes in legislation to update current well drilling laws related to surety bonds. Current bond amounts allowed by statute are not sufficient to cover OOGM’s cost of plugging a well. An increase in the required amount of the surety bond would help reduce OOGM’s costs to plug nonproductive wells.” R 324.1002(8) contains an obvious error. The rule was revised as part of a larger rule revision effective March 11, 2015. The revision changed subdivision numbering and R 324.1002(8) did not reflect that change. Specifically, the sub rule states in part “If sampling indicates a possible problem, then additional sampling for the water quality parameters established in R 324.201(2)(j)(vi) may be required.” The cross-reference should be to R 324.201(2)(k)(vi).


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.


2017-025 LR

Licensing Qualifications - SDD License; prohibited issuance or transfer
(Licensing and Regulatory Affairs , Liquor Control Commission)

The rescission of R 436.1133 will remedy a statutory conflict with MCL 436.1533 of the Michigan Liquor Control Code of 1998. The language of a statute expresses the Legislature’s intent; the omission of a provision is considered intentional. Statutory changes effective 8/24/2016 left intact the only existing location criteria: the Commission’s express authority in MCL 436.1533(4) to waive the number of licenses based on the population quota, to issue more licenses than allowed by that quota, “if there is no existing specially designated distributor licensee within 2 miles of the applicant, measured along the nearest traffic route”.


2017-027 LR

Board of Real Estate Appraisers
(Licensing and Regulatory Affairs , Bureau of Professional Licensing)


2017-031 TY

Charitable Gaming Rules
(Treasury, Bureau of State Lottery)

It has been communicated to BSL by a number of nonprofit licensees their desire to compensate the sellers of tickets for in-house raffles. BSL wishes to allow this practice.


2017-032 CR

Organization, Practice, and Procedure
(Civil Rights , Civil Rights Commission)

The rules enable the Department/Commission to fulfill their statutory obligation to ensure equal opportunity “to obtain employment, housing and other real estate, and the full and equal utilization of public accommodations, public service, and educational facilities without discrimination…” MCL 37.3102 The rules have not been amended since at least 1985. Technological and economic factors have not substantially changed regulatory enforcement activity (primarily procedural). At the request of the Commission, the Department of Civil Rights is currently reviewing the rules to determine whether they may be amended in a manner that would add efficiencies to the process or lessen any costs associated with compliance. Similarly, the meeting and decision-making processes for the Commission itself are being examined to determine what changes could improve effectiveness and/or efficiency. The current review will also, working in coordination with the State Office of Regulatory Reinvention (ORR) will seek to identify any portions of the current rules that should be rescinded as superfluous.


2017-035 IF

Certificates of No-Fault Self -Insurance
(Insurance and Financial Services, Insurance)

The rules set forth the specific regulations for the Director of the Department of Insurance and Financial Services (DIFS) to administer the no-fault self-insurers certification program. Effective January 1, 2013, Public Act 204 of 2012 added MCL 500.3101d to the Insurance Code which transferred the administration of the no-fault self-insurers certification program from the Secretary of State to the Director. Administrative Rules R 257.531 to R 257.540 need to be revised to reflect the statutory change in administration and revised regulatory requirements.


2017-036 TY

Lottery Rules
(Treasury, Bureau of State Lottery)

R 432.2 – Correction to heading to address ineligibility of certain contractors to win a lottery prize. R 432.5 – Correction to the terms of the license fee payment. The fee is payable at the time of license application and not the issuance. R 432.6 – Amendment to the language in subsection (c) to clearly state no purchase of any winning ticket from its original purchaser is allowed by a Lottery retailer. R 432.16 - Addition of new subsection (5) requiring winning tickets be claimed by a natural person. This is intended to prevent individuals from attempting to circumvent eligibility requirements and payment of certain debts owed to the State by using a trust or other entity to claim a lottery prize. R 432.17 - Amendment to the language on ownership of lottery tickets by taking out word entity. Per change to R 432.16, only a natural person can claim a winning ticket hence word entity is not applicable.


2017-037 LR

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

Part 2 of the nursing rules pertains to licensure of registered professional nurses and licensed practical nurses. The current rules are being revised to permit an applicant for licensure as a registered professional nurse or a licensed practical nurse, who is a graduate of a nursing program that is located outside of the United States, to be eligible to take the national licensure examination if the program has been certified by the Commission on Graduates of Foreign Nursing Schools. Further, the rules for registered professional nurses and licensed practical nurses establish requirements for taking the national registered nurse or licensed practical nurse examination. The current provisions on when and the number of times an applicant may take an examination are being revised. The proposed amendments ensure consistency in the requirements for examination, endorsement, and foreign graduate certification for each of these professions.


2017-038 LR

Public Health Code – General Rules
(Licensing and Regulatory Affairs , Bureau of Professional Licensing)

The General Rules establish the specific date that a license or registration renewal period begins or ends for health professions on a biennial renewal period.


2017-040 LR

Workers' Compensation Health Care Services Rules
(Licensing and Regulatory Affairs , Workers Compensation Agency)

The HCS Rules are updated annually in order to provide the Agency’s external customers with updated health care fee schedules for reimbursement to providers for treatment of injured workers, and to guide providers and payers on the scope of reimbursement. The HCS rules must maintain consistency with the most recent medical indexes, billing codes and fee schedules published by Medicare and other entities, in a timely fashion.


2017-042 LR

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

The Medical Marihuana Facilities Licensing Act (MMFLA), 2016 PA 281, provides for the licensure and regulation of medical marihuana growers, processors, provisioning centers, secure transporters, and safety compliance facilities. Section 206 of the Act, MCL 333.27206, requires the Department, in consultation with the Medical Marihuana Licensing Board, to promulgate rules to implement, administer, and enforce the Act. This section also requires that the rules ensure the safety, security, and integrity of the operation of marihuana facilities.


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.


2017-045 LR

Real Estate Brokers and Salespersons
(Licensing and Regulatory Affairs , Bureau of Professional Licensing)

2016 Public Act 502 amended Article 25 of the Occupational Code, which regulates real estate brokers, real estate associate brokers, and real estate salespersons, including requiring the licensure of these professions. The Act took effect on March 29, 2017. As a result of this Act, some of the rules real estate brokers and sales persons that were in effect prior to Public Act 502 were partially or completely codified into the Code or were rescinded by the Act. The purpose of the proposed rules is to remove the portions of the rules that are now duplicative of statute; clarify licensing matters pertaining to relicensure and continuing education; and provide new rules that were mandated by the Act.


2017-046 HS

EMS Organization Licensure Rules
(Health and Human Services, Population Health and Community Services)

The rules address the service requirements of a life support agency, including ambulance operational standards in the State. The KKK-A-1822 standard was created by the General Services Administration of the United States Federal Government as a guideline for the proper construction of ambulances. These standards are subject to a sunset provision that will expire soon. R 325.22181 is subject to the sunset provision and will need to be revised as soon as possible. The EMS Coordination Committee has provided revised language to allow for nationally approved and accepted safety standards. The new language will not pigeon hole one set of nationally approved standards.


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.


2017-059 LR

Part 63. Pulp, Paper, and Paperboard Mills
(Licensing and Regulatory Affairs , MIOSHA)

GI Part 63 Pulp, Paper, and Paperboard Mills gives direction to employers and employees on protecting Michigan employees from health and safety hazards in the workplace when using pulp, paper, and paperboard mills. These rules will amend the state specific version of the recently revised federal regulations 1910 Subpart D, in order to be as effective as the federal Occupational Safety and Health Administration (OSHA) standards. In addition, minor editorial and formatting changes are being made.


2017-061 LR

Part 94 Textiles
(Licensing and Regulatory Affairs , MIOSHA)

GI Part 94 Textiles gives direction to employers and employees on protecting Michigan employees from health and safety hazards in the workplace when using textiles. These rules will amend the state specific version of the recently revised federal regulations 1910 Subpart D, in order to be as effective as the federal Occupational Safety and Health Administration (OSHA) standards. In addition, minor editorial and formatting changes are being made.


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.


2017-065 LR

Part 58. Aerial Work Platforms
(Licensing and Regulatory Affairs , MIOSHA)

GI Part 58 Aerial Work Platforms gives direction to employers and employees on protecting Michigan employees from health and safety hazards in the workplace when using aerial work platforms. These rules will amend the state specific version of the recently revised federal regulations 1910 Subpart D, in order to be as effective as the federal Occupational Safety and Health Administration (OSHA) standards. In addition, minor editorial and formatting changes are being made.


2017-067 LR

Occupational Code - Renewals
(Licensing and Regulatory Affairs , Bureau of Professional Licensing)

The Occupational Code Renewals establish the specific date that a license or registration renewal period begins or ends for occupations on a biennial renewal period. R 339.1003 – This rule sets forth expiration dates for certain occupations, including accountancy, which have a license or registration that expires on a 2-year cycle. The revision modifies the date of renewal for accountancy licenses to 2 years from July 31 instead of December 31. Further, R 339.2003(2) is being rescinded as the change in the renewal date to 7/31 makes this section duplicative.


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.


2017-073 LR

Ski Area Safety
(Licensing and Regulatory Affairs , Corporations, Securities, & Commercial Licensing)

R 408.65 is being revised to update a reference to the American National Standards Institute (ANSI) standard B77.1 on safety requirements for passenger ropeways – aerial tramways, aerial lifts, surface lifts, tows and conveyors that is adopted by reference in this rule. R 408.92 requires when a ski area is open for skiing and any ski run, slope, or trail, is closed to skiing, the ski area operator must mark the top of, or entrance to, each closed run, slope or trail with a sign and a fiber rope with flags or mesh tape, or a fence that meets the requirements specified in the rule. The rule is being revised to require that when less than an entire run, slope, or trail is closed, the ski area operator will have to mark the portion of the run, slope, or trail that is closed in compliance with the rule’s requirements.


2017-074 HS

Crime Victim Services – General Rules
(Health and Human Services, Population Health and Community Services)

The Commission intends to strike the definitions found at Rule 18.351(1)(g) and (k) because the definitions are superfluous given the provisions that already appear in the Act at MCL 18.351(h) and MCL 18.354(1)(b). The Commission also intends to add language to Rule 18.354 to allow children of a victim born after the victim’s death to be eligible for loss of support benefits. Additionally, the rule change will allow a child support order to act as sufficient evidence to demonstrate a child’s eligibility for a support award if that child’s parent died as a result of a crime.


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.


2017-078 EQ

Part 16. Organization, Operation, and Procedures
(Environmental Quality , Air Quality Division)

The purpose of these revisions is to update the language to reflect today’s terminology and for better clarification and consistency.


2017-079 EQ

Part 17. Hearings
(Environmental Quality , Air Quality Division)

The purpose of these revisions is to update the language to reflect today’s terminology, and for better clarification and consistency.


2017-081 LR

State Boundary Commission -- General Rules
(Licensing and Regulatory Affairs , Bureau of Construction Codes)

The bureau is rescinding the State Boundary Commission rules as they go beyond the scope of the State Boundary Commission Act (1968 PA 191, MCL 123.1001 to 123.1020).


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.


2017-088 LR

Telecommunications Industry
(Licensing and Regulatory Affairs , MIOSHA)

These rules are no longer applicable since their authority conferred on the occupational health standards commission by section 24 of Act No. 154 of the Public Acts of 1974, being MCL 408.1024, was removed effective December 27, 2012.


2017-089 TB

Federal Surplus Property Program
(Technology Management and Budget , Purchasing Division)

Originally set forth the plan operation including eligibility, distribution, service charges and utilization. Now obsolete as the rules are outdated and superseded by federal rules, including General Services Administration procedures, and the approved State Plan of Operations for Michigan.


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 1-15)
(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.


2017-093 NR

Special Local Watercraft Controls
(Natural Resources , Law Enforcement Division)

This ruleset establishes regulations applicable to vessel operation on specific waterbodies. Statute no longer requires watercraft controls to be promulgated through the administrative rule process. For the specific rule that is the subject of this request for rulemaking, the local political subdivision requested and was granted modifications to the watercraft control that is currently in the rules. Because the local political subdivision adopted WC-70-17-001, WC 70-17-002, and WC-70-17-003, R 281.770.16 is obsolete.


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.


2018-001 LR

Consumer Standards And Billing Practices For Electric And Gas Residential Service
(Licensing and Regulatory Affairs , Public Service Commission)

These billing rules lay out the parameters and practices regulated utilities must follow in billing customers for electric and natural gas utility service. The rules concern applying for service, customer deposits, meter reading procedures, meter accuracy and errors, billing and payment standards, voluntary termination of service, complaint procedures, procedures for shutoff and restoration of service, energy assistance and shutoff protection programs, dispute resolution, and commission appeal procedures. The rules strike a balance between protecting consumers from discriminatory or predatory billing and service practices while at the same time safeguarding regulated utilities’ rights to receive payment for utility service rendered.


2018-002 LR

Code of Conduct
(Licensing and Regulatory Affairs , Public Service Commission)

“The commission shall establish a code of conduct that applies to all utilities. The code of conduct shall include, but is not limited to, measures to prevent cross-subsidization, preferential treatment, and, except as otherwise provided under this section, information sharing, between a utility's regulated electric, steam, or natural gas services and unregulated programs and services, whether those services are provided by the utility or the utility's affiliated entities. The code of conduct established under this section is also applicable to electric utilities and alternative electric suppliers consistent with sections 10 through 10cc.” Thus, the PSC is required by the new energy legislation to establish a code of conduct that will ensure that the unregulated affiliates, divisions, or departments of a regulated utility do not receive preferential treatment that could result in harm to the public interest by unduly restraining trade or competition in the unregulated market. In the absence of a code of conduct, a regulated utility could share, for example, assets, employees, facilities, and customer information with affiliates, divisions, or departments that are unregulated and that compete in the open market for customers, without sharing the same assets, employees, facilities, or customer information with other businesses offering the same service or program.


2018-003 LR

Part 11. Fixed and Portable Ladders
(Licensing and Regulatory Affairs , MIOSHA)

CS Part 11 Fixed and Portable Ladders gives direction to employers and employees on protecting Michigan employees from health and safety hazards in the workplace when using fixed and portable ladders. These rules will amend the state specific version of the recently revised federal regulations 1910 Subpart D, in order to be as effective as the federal Occupational Safety and Health Administration (OSHA) standards. In addition, minor editorial and formatting changes are being made, including changing the title of the standard.


2018-004 IF

Petition Requesting Promulgation, Amendment, Or Rescission Of Rules
(Insurance and Financial Services, Insurance)

The rule set comprised of R 501.351 through R 501.354 was promulgated under a now-repealed section of the Administrative Procedures Act, which allowed a person to petition an executive agency to promulgate, amend, or rescind a rule. See MCL 24.103 (repealed). The repealed MCL 24.103 was replaced by MCL 24.238, which reads in its entirety: “A person may request an agency to promulgate a rule. Within 90 days after filing of a request, the agency shall initiate the processing of a rule or issue a concise written statement of its principal reasons for denial of the request. The denial of a request is not subject to judicial review.” The result of the repeal of the former MCL 24.103 and enactment of MCL 24.238 is that a person now has a right only to request promulgation, not amendment or rescission. Accordingly, R 500.351-354 is obsolete and should be rescinded. A new rule set in its place is not necessary because the aforementioned right to request promulgation is already embedded in the APA.


2018-005 IF

Procedures For Informal Managerial-level Conferences And Review By Commissioner Of Insurance
(Insurance and Financial Services, Insurance)

R 550.101-550.108 establishes procedures for a person who believes he or she has been wrongly denied a claim for payment by a nonprofit health care corporation organized under the Nonprofit Health Care Corporation Reform Act, PA 350 of 1980, MCL 550. 1101 et seq. (“PA 350”). The rules were promulgated under the Administrative Procedures Act, MCL 24.201 et seq., and under rulemaking authority in Section 404 of PA 350, MCL 550.1404. Blue Cross Blue Shield of Michigan (“BCBSM”) was the only entity subject to PA 350. In 2013, BCBSM converted to a nonprofit mutual insurance company governed by the Insurance Code, MCL 500.101 et seq. After BCBSM’s conversion, there are now no longer any nonprofit health care corporations in existence in Michigan. Accordingly, these rules no longer have any applicability because there are no corporations in existence that were formed under PA 350.


2018-006 IF

Certificates - Discretionary Clauses
(Insurance and Financial Services, Insurance)

R 550.111-550.112 prohibits the inclusion of discretionary clauses in certificates issued by a nonprofit health care corporation organized under the Nonprofit Health Care Corporation Reform Act, PA 350 of 1980, MCL 550. 1101 et seq. (“PA 350”). The rules were promulgated under the Administrative Procedures Act, MCL 24.201 et seq., and under rulemaking authority found in Sections 422 and 617 of PA 350, MCL 550.1422 and MCL 550.1617. Blue Cross Blue Shield of Michigan (“BCBSM”) was the only entity subject to PA 350. In 2013, BCBSM converted to a nonprofit mutual insurance company governed by the Insurance Code, MCL 500.101 et seq. After BCBSM’s conversion, there are now no longer any nonprofit health care corporations in existence in Michigan. Accordingly, R 550.111-550.112 no longer has any applicability to any regulated entity. In addition, BCBSM is instead subject to the prohibition on discretionary clauses in the administrative rules that are applicable to insurance policy forms under the Insurance Code, R 500.2201-500.2202.


2018-007 ED

Transportation of Nonpublic Schoolchildren
(Education , Superintendent of Public Instruction)

The general purposes of the amendments are to update terminology, to delete obsolete language, to standardize the language used in the rules, to align the rules with MCL 257.1810(2) and MCL 380.1322, to improve grammar, and to conform to current Legislative Service Bureau drafting standards.


2018-008 MA

State Homes for Veterans
(Military & Veteran's Affairs, Veterans' Trust Fund Board of Trustees)

To provide procedural due process to members of the homes and the public; to assure continued financial stability of the homes; to maximize the availability of housing and care to qualified veterans and eligible dependents. Current rules have some very specific values that are not adjusted for inflation and do not allow the Board(s) flexibility to execute statutory authority to set policy; rules are in conflict with federal CMS Medicare/Medicaid rules.


2018-009 LR

Health Care Facilities Fire Safety Rules
(Licensing and Regulatory Affairs , Bureau of Fire Services)

The general purpose of these rules is to provide fire safety in new and existing health care facilities and mental health care facilities by providing regulatory enforcement of the fire safety requirements for freestanding surgical outpatient facilities, hospitals, nursing homes, homes for the aged, hospice facilities, county medical care facilities, psychiatric hospitals and psychiatric units pursuant to the provisions of MCL 29.21c and ERO 2008-4, MCL 445.2025. The proposed rule amendments are intended to address the new requirements set forth in Public Act 167 of 2017. Public Act 167 requires that the Bureau of Fire Services amend the current Health Facilities Fire Safety Rules to allow existing non-licensed home for the aged facilities to be reviewed and inspected to comply with the provisions of chapter 18 or 19 or chapter 32 or 33 of the National Fire Protection Association standard number 101. Currently the health care facilities fire safety rules do not adopt chapters 32 or 33.