HOUSE BILL No. 5996

 

 

May 15, 2018, Introduced by Reps. Alexander and Victory and referred to the Committee on Oversight.

 

     A bill to amend 2001 PA 266, entitled

 

"Grade A milk law of 2001,"

 

by amending section 33a (MCL 288.503a), as amended by 2008 PA 136.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 33a. (1) The department shall issue an initial or renewal

 

license or permit for regulated activities described in sections 31

 

and 33, other than a grade A dairy farm, a bulk milk

 

hauler/sampler, or a certified industry farm inspector, 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 this state. of

 

Michigan.

 

     (2) 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 permit

 

and does not confer eligibility of an applicant determined

 

otherwise ineligible for issuance of a license or permit.

 

     (3) If the department fails to issue or deny a license or

 

permit within the time required by this section, the department

 

shall return the license or permit fee and shall reduce the license

 

or permit fee for the applicant's next renewal application, if any,

 

by 15%. The failure to issue or deny a license or permit 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 must 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 the application based upon the fact that the license

 

or permit fee was refunded or discounted under this subsection.

 

     (4) 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 agricultural and food 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 (1).

 

     (b) The number of applications denied.

 

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

 

within the 90-day time period and the amount of money returned to

 

licensees and permittees under subsection (3).

 

     (4) (5) As used in this section, "completed application" means

 

an application that is complete on its face and submitted with any

 

applicable licensing or permit fees and fines 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 this state. of Michigan. Under appropriate circumstances,

 

completed application includes the completion of construction or

 

renovation of any facility and the passing of a satisfactory

 

inspection.