November 27, 2012, Introduced by Rep. McCann and referred to the Committee on Regulatory Reform.
A bill to amend 1967 PA 227, entitled
"An act to regulate the inspection, construction, installation,
alteration, maintenance, repair and operation of elevators and the
licensing of elevator contractors; to prescribe the functions of
the director of labor; to create, and prescribe the functions of,
the elevator safety board; to provide penalties for violations of
the act; and to repeal certain acts and parts of acts,"
by amending section 8 (MCL 408.808), as amended by 1980 PA 282.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
8. (1) The board shall have has
the following powers and
duties:
(a) To promulgate rules for the inspection, design,
construction, installation, alteration, maintenance, and use of
elevators
in this state pursuant to Act No. 306 of the Public Acts
of
1969, as amended, being sections 24.201 to 24.315 of the
Michigan
Compiled Laws.under the
administrative procedures act of
1969, 1969 PA 306, MCL 24.201 to 24.328.
(b) To prepare examinations, interview applicants to determine
their qualifications, examine qualified applicants for elevator
contractor licenses or certificates of competency, and certify to
the
director the names of persons individuals
who successfully pass
the examination given by the board.
(c) When submitted by the director, to grant exceptions or
variations from the literal requirements of this act or rules
promulgated by the board when it is clearly evident that exceptions
or variations are necessary to prevent undue hardship or when
existing conditions prevent compliance with the literal
requirements, if the board believes reasonable safety will be
secured by granting the exception or variation.
(d) To hear and decide appeals referred to the board by the
director
when requested to do so by a person
, firm, or corporation
aggrieved by an order or act of the department, or its authorized
representatives, and to adopt rules of procedure for appeals.
(e) To conduct hearings to determine whether an elevator
contractor license or certificate of competency or commission
should be suspended or revoked and to make recommendation to the
director.
(2) The board, with the advice of the director, shall
promulgate
rules pursuant to Act No. 306 of the Public Acts of
1969,
as amended, being sections 24.201 to 24.315 of the Michigan
Compiled
Laws, under the
administrative procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328, to establish the fee schedules
for licenses, permits, certificates, and inspections. The fees
shall reflect the actual costs and expenses for the department of
labor
licensing and regulatory
affairs in issuing licenses,
permits, certificates, and conducting inspections. The fees
currently established by the board shall be in effect until the
board promulgates rules to establish the fee schedules.
(3)
The business which the elevator safety board may perform
shall
be conducted at a public meeting of the board held in
compliance
with Act No. 267 of the Public Acts of 1976, as amended,
being
sections 15.261 to 15.275 of the Michigan Compiled Laws.
board shall conduct its business at public meetings of the board
that are held in compliance with the open meetings act, 1976 PA
267, MCL 15.231 to 15.246. Public notice of the time, date, and
place
of the meeting shall be given in the manner required by Act
No.
267 of the Public Acts of 1976, as amended.under that act.
(4) Special meetings of the board may be called by the
chairperson or if requested in writing by at least 3 members of the
board.