HB-4566, As Passed House, March 2, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 4566

     A bill to amend 1980 PA 299, entitled

"Occupational code,"

by amending section 411 (MCL 339.411), as amended by 2004 PA 373.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 411. (1) Subject to subsection (2), a person who fails to

renew a license or registration on or before the expiration date

shall not practice the occupation, operate, or use the title 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 who fails to renew a license or registration on

or before the expiration date shall be 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 who

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) Penalties and 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 upon showing

that the person meets the requirements for licensure or

registration as established by the department in rules or

procedures  which  that 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 who 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 to be followed in 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 in accordance with section 203(2).

     (6) Beginning  the effective date of the amendatory act that

added this subsection  October 11, 2004, the department shall issue

an initial or renewal license or registration not later than 90

days after the applicant files a completed application. Receipt of

the application is considered the date the application is received

by any agency or department of the state of Michigan. 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

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 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  

when available, by telephone, electronic mail, or internet posting,

by the department to the applicant regarding an incomplete

application is 15 business days after the receipt of the

application by any agency or department of the state of Michigan.

     (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%. The 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 that application, upon completion, shall 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 an application based upon the fact

that the license or registration fee was refunded or discounted

under this subsection.

     (9) Beginning October 1, 2005, 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 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.

     (c) The number of applicants not issued a license or

registration within the applicable time period and the amount of

money returned to licensees and registrants under subsection (8).

     (10) Subsection (6) does not apply to licenses or

registrations for any of the following:

     (a) An interior designer listed under article 6.

     (b) A certified public accountant and registered accountant

under article 7.

     (c) A professional boxer, second, judge, physician, announcer,

timekeeper, manager or matchmaker, amateur referee, and

professional referee under article 8.

(c)  (d) An agency non-owner manager of a collection agency

under article 9.

(d)  (e) A barber, student barber, student instructor, and

barber instructor under article 11.

(e)  (f) An employment and consulting agent of a personnel

agency under article 10.

(f)  (g) A cosmetologist, manicurist, natural hair culturist,

esthetician, electrologist, instructor, and registered student

under article 12.

(g)  (h) A hearing aid salesperson and trainee under article

13.

(h)  (i) A mortuary science licensee, embalmer, and resident

trainee in mortuary science under article 18.

(i)  (j) An individual architect, surveyor, and engineer

under article 20.

(j)  (k) A forester under article 21.

(k)  (l) An individual landscape architect under article 22.

(l)  (m) A community planner under article 23.

(m)  (n) An individual residential builder and alteration and

maintenance contractor and a salesperson for a residential builder

and alteration and maintenance contractor under article 24.

(n)  (o) A real estate salesperson under article 25.

(o)  (p) A real estate appraiser under article 26.

(p)  (q) An ocularist and ocularist apprentice under article

27.

     (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 on active duty in the armed

forces of the United States in an area designated as a combat zone

by the president of the United States is temporarily exempt from

the renewal license fee, continuing education requirements, and any

other related requirements of this act. 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, notice of arrangements for

adequate provision of that supervision and oversight shall be

provided to the department. The licensee or registrant shall

accompany the request with proof, as determined by the department,

to verify the active duty status. The department, upon receiving a

request for a temporary exemption under this subsection, shall make

a determination of the requestor's status and grant the temporary

exemption after verification of active duty status under this

subsection. A temporary exemption is valid until 90 days after the

licensee's or registrant's release from the active duty upon 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 complete on its face and submitted with any applicable

licensing or registration 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

state of Michigan.