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Archived Rule Revisions for 2003

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2003-001 LG

Youth Employment Standards
(Energy, Labor & Economic Growth Wage and Hour Division)

Minor technical corrections will be made throughout the rule set, as needed. Also, Rule 304, will also be amended as described in Section F of this document. The basic for this proposed rule is to establish the effective date for a deviation from the requirements of Act 90, of the Public Acts of 1978, as amended.

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2003-002 LG

Payment of Wages and Fringe Benefits
(Energy, Labor & Economic Growth Wage and Hour Division)

Minor technical corrections within the rule set, the proposed rules will be amended R 408.9012 and 408.9019.

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2003-003 ED

Special Education Programs and Services
(Education State Board of Education)

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2003-003 LG

General Rules
(Energy, Labor & Economic Growth Workers' Compensation Agency)

R 408.43i, Provides additional vehicles for self-insurer groups to invest monies within certain restrictions. These additional investment opportunities will enhance the self-insurer group investment portfolios. R 408.43s, If a group self insurer is not longer capable or does not have the where-with-all to administer and provide for payment of its outstanding liabilities, this Rule provides a method whereby the bureau may establish a trust to hold any existing assets of the group or assets of the group obtained by assessment and then provide for oversight and payment of the liabilities as necessary.

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2003-004 LG

Barbers
(Energy, Labor & Economic Growth Bureau of Commercial Services)

R 339.6001 and 339.6003 have technical corrections to statutory references; R 339.6039 adds blood spill procedures; R 339.6045 has technical corrections, and updates the list of available test instruments to verify high school education equivalency for admission to barber training.

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2003-005 LG

Adult Foster Care Facilities Fire Safety
(Energy, Labor & Economic Growth Bureau of Fire Services)

The proposed revisions will replace fire and life safety rules adopted in 1994 for adult foster care facilities housing 7 to 20 residents. The rules will adopt a nationally recognized code, National Fire Protection Association Life Safety Code 101, 2000 edition, with limited Michigan-specific amendments.

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2003-006 LG

Children & Adult Foster Care Camp Fire Safety Provisions
(Energy, Labor & Economic Growth Bureau of Fire Services)

Withdrawn 12/3/2004. A public hearing was held on these rules when they were included as part of the licensing rules. During the adoption of the licensing rules, the fire safety requirements were subsequently separated from licensings requirements. The fire safely components will now be adopted as an independent rule set. These rules will set a minimum level of fire safely requirements for children's and adult foster camps. The proposed rules will amended rules adopted in 1994, and will separate the fire safely components (Part 2 of the Administrative Rules for licensing camps) from licensing requirements which were promulgated by another bureau of the department.

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2003-007 EQ

Hazardous Waste Management
(Environmental Quality Waste and Hazardous Materials Division)

The purpose of the proposed rules is to maintain federal authorization to administer the state's Hazardous Waste Management Program under Act 451 in lieu of the federal Hazardous Waste Management Program under the Resource Conservation and Recover Act (RCRA), as amended by the Hazardous and Solid Waste Amendments (HSWA) of 1984; to improve the overall quality of the rules, but in terms of clarification and existing requirements and areas of program coverage; to incorporate administrative revisions resulting from statutory changes and new naming conventions associated with hazardous waste activity forms and tracking databases; and to reduce some of the regulatory burdens on the regulated community by providing streamlined and flexible requirements.

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2003-008 LG

Part 431. Hazardous Work in Laboratories
(Energy, Labor & Economic Growth MIOSHA)

The Occupational Health Standard Part 431 Hazardous Work in Laboratories needs to be brought up to date by including the correct respiratory protection rule numbers which were revised and filed with the Secretary of State on April 5, 1999.

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2003-009 LG

Part 700. Agriculture
(Energy, Labor & Economic Growth MIOSHA)

These rules have not been updated since 1979. They need to be brought up to date reflecting current applicable rules. The Department title is also wrong.

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2003-010 AC

Regulation No. 818. Michigan Sire Stakes Races
(Agriculture Fairs, Exhibitions, and Racing Division)

Rescinded under Section 44(1).

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2003-011 TY

Nursing Scholarship Program
(Treasury Student Financial Services Bureau)

New rules to implement 2002 PA 591

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2003-012 CO

Community Status; Eligibility Criteria
(Corrections Executive Bureau)

The rule sets forth the eligibility criteria for prisoners to be considered for placement on community status.

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2003-013 CH

Board of Osteopathic Medicine and Surgery - General Rules
(Community Health Bureau of Health Professions)

R 338.108 on standards of practice regarding schedule 2 sympathominmetic amine drugs, including amphetamines, is being revised to permit osteopathic physicians to prescribe dextroamphetamine for the treatment of adults with Attention Deficit/Hyperactivity Disorder (ADHD), and to establish requirements that osteopathic physicians must meet before prescribing this drug.

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2003-014 CH

Board of Medicine - General Rules
(Community Health Bureau of Health Professions)

R 338.2303 on standards of practice regarding schedule 2 sympathominmetic amine drugs, including amphetamines, is being revised to permit physicians to prescribe dextroamphetamine for the treatment of adults with Attention Deficit/Hyperactivity Disorder (ADHD), and to establish requirements that physicians must meet before prescribing this drug.

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2003-015 LG

Construction Code - Part 10. Michigan Uniform Energy Code
(Energy, Labor & Economic Growth Bureau of Construction Codes)

The residential portion of the energy code rules will be reformatted and the Michigan Uniform Energy Code will be included in the printed version of the Michigan Residential Code.

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2003-016 TY

Michigan Education Trust General Rules
(Treasury Student Financial Services Bureau)

The definition of an out-of-state institution identifies which out of state institutions MET can pay tuition charges. The proposed amendment will expand the definition of out-of-state institution to include a propriety baccalaureate degree granting college and out-of-state community or junior college eligible for federal student aid for all Met contracts.

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2003-017 AC

Regulation No. 811. Premium Allotments to Fairs and Expositions
(Agriculture Fairs, Exhibitions, and Racing Division)

Eligibility and reimbursement of premiums paid at state, local and county fairs.

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2003-018 HS

Child Day Care Licensing - Child Care Center
(Human Services Office of Children and Adult Licensing)

The proposed rule will modify the current program standards to: - require that a daily activity guide relating to the curriculum and each age group shall be prepared for the week and posted in a conspicuous place or otherwise made available to the parents. - require the following daily activities: centers shall provide not less than 30 minutes of developmentally appropriate emergent literacy activities. Centers shall also provide quiet and active activities; individual, small group and large group activities; large and small muscle activities; and child-initiated and staff-initiated activities. - replace subjective program terms with more objective, observable behavior-oriented terms.

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2003-019 ED

Special Education Programs and Services
(Education State Board of Education)

Transition Coordinator, qualifications - This Rule would describe the education and training requirements to allow professionals who are not currently considered as special education professionals to be employed and reimbursed as special education professionals and perform transition coordination services. "deaf-blindness," defined; determination - This rule would establish a state definition for deaf-blindness and describe the process for determining that a student meets the eligibility standards for special education as a student with deaf-blindness.

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2003-020 AC

Regulation No. 808. Payment of Breeder's Awards
(Agriculture Fairs, Exhibitions, and Racing Division)

Eligibility and payment of breeder's awards to the breeder of a Michigan-bred horse each time that horse wins at a fair or licensed racetrack in Michigan.

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2003-021 AC

Regulation No. 814. Michigan Futurity Races
(Agriculture Fairs, Exhibitions, and Racing Division)

Description of Futurity and Sire Stakes Races. What they entail and what horses are involved.

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2003-022 AC

Regulation No. 820. Michigan-bred Pari-mutuel Races
(Agriculture Fairs, Exhibitions, and Racing Division)

Description of Michigan-bred pari-mutuel races. How races are won, fees and nominations.

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2003-023 LG

Security For Reimbursement Financing Of Unemployment Insurance Cost
(Energy, Labor & Economic Growth Unemployment Insurance Agency)

Withdrawn 4/26/2004. Penalty for Failing to File Quarterly Report of Worker's Wages: Waiver of Collection of Restitution Amendment of Rules R 241.601 and R 421.602

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2003-024 CH

Vision Screening and of Preschool and School-age Children
(Community Health Public Health Administration)

The proposed rule change would eliminate the requirement for color vision testing and for screening of children in 11th grade.

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2003-025 CH

Hearing Screening of Preschool and School-age Children
(Community Health Public Health Administration)

The proposed rule change would eliminate the requirement for hearing screening of children in the 6th grade (or 12 years of age).

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2003-026 CH

Cancer Reporting
(Community Health Public Health Administration)

Existing rule needs to be revised by expanding to include requirement for reporting of benign tumors of the brain, central nervous system and pituitary.

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2003-027 LG

Cosmetology
(Energy, Labor & Economic Growth Bureau of Commercial Services)

R 2139 is revised to include a partial waiver of examination, if a cosmetology instructor license applicant already possesses a limited specialist instructor license, and to set a limited time for examination results to be acceptable for licensure. R 2161a and b, 2162a(2), and 2163d(2) are added to allow a student to obtain partial credit for successfully completing one of the cosmetology or specialty curriculums and apply them to a related curriculum. R 2179e(1)(f) is revised to require that blood spill waste is disposed in a container separate from other waste. Several rules regarding health and safety standards and school rules relating to Enforcement are modified, to ensure compliance.

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2003-028 CH

Nursing
(Community Health Bureau of Health Professions)

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2003-029 LG

Construction Code - Part 11. Premanufactured Units
(Energy, Labor & Economic Growth Bureau of Construction Codes)

A committee of the construction code commission has reviewed draft language for these rules. It is expected to proposed rules will be submitted by the end of June 2003, with an expected effective date by the end of the year.

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2003-030 AC

Regulation No. 812. State Aid for Harness Horse Racing
(Agriculture Fairs, Exhibitions, and Racing Division)

Eligibility to receive state purse supplements and how supplements are allocated.

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2003-031 LG

Workers' Compensation Health Care Services Rules
(Energy, Labor & Economic Growth Workers' Compensation Agency)

The proposed rules will update billing instructions in rules 106 and 202 and update the source documents cited in R 418.10107. This rule set will update use of 2003 relative value information for medicine, surgery and radiology practitioner services and will set the conversion factor at $47.77 for 2004.

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2003-032 LG

Rehabilitation Code (Single State Construction Code)
(Energy, Labor & Economic Growth Bureau of Construction Codes)

The building code review committee met and reviewed the rules in February 2003. The rules will be submitted by July 3, with an expected effective date by the end of the year.

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2003-033 TY

Lottery Rules
(Treasury Bureau of State Lottery)

The lottery is implementing Pulltab tickets. Pulltabs are played differently than other lottery games. This amendment will clarify the rules concerning Pulltab tickets and prizes and make other technical revisions.

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2003-034 LG

Hearing and Appeal Practice
(Energy, Labor & Economic Growth Liquor Control Commission)

R 436.1901 contains definitions; R 436.1905 requires a violation report, a violation complaint, and addresses notices for violation appeal hearings; R 436.1907 provides for a waiver of hearing and acknowledgment of violations; R 436.1910provides the procedure for a violation rehearing; R 436.1911 regulates costs associated with a violation hearing; R 436.1913 requires the personal appearance of the licensee and provides for a waiver; R 436.1915addresses the failure to personally appear at a violations hearing; R 436.1917 provides for a violations appeal hearings and the burden of proceeding; R 436.1921 addresses violations appeal hearing decisions to be issued within 30 days either affirming, modifying, rescinding, or remanding the original hearing order; R 436.1925 addresses hearings on matters other than violations; R 436.1931 contains the provisions for postponements or continuances.

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2003-035 LG

Licensing Qualifications
(Energy, Labor & Economic Growth Liquor Control Commission)

R 436.1105 contains grounds for denial of an application for license; R 436.1107 pertains to license renewals; R 436.1109 addresses requirements for corporate licensure; R 436.1110 addresses requirements for licensure of limited liability company; R 436.1117 provides for participating agreements; R 436.1123 contains minimum qualifications for resort licenses; R 436.1129 provides for issuance and transfer of specially designated merchants (SDM) licenses and applicable waivers; R 436.1133 contains prohibitions against issuance of transfer of specially designated distributor licenses (SDD); R 436.1135 contains limitations upon issuance or transfer of SDD licenses and applicable waivers; R 436.1143 addresses transfer of location of SDD licenses and applicable waivers; R 436.1143 addresses transfer of locations of SDD licenses; R 436.1149 pertains to hardship transfers of Class C or SDD licenses.

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2003-036 SP

Tests for Breath Alcohol
(State Police Special Operations Division)

The intent is to modify the rules on Tests for Breath Alcohol to bring testing standards into compliance with current body alcohol content standards due to the enactment of 1994 PA 449 and 2003 PA 61. The amended rule would also delete references to repealed statutes, changing the cities to the statutes that replaced the repealed sections of law. Other language and formatting changes may be required by LSB to bring the rule set into compliance with current standards for administrative rules.

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2003-037 EQ

Part 21.Wastewater Discharge Permits
(Environmental Quality Water Bureau)

The amendments incorporate federal regulations into state rules that revise and clarify the minimum requirements to CAFOs to ensure environmental compliance through proper management for agricultural waste to protect the state's water quality and public health.

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2003-038 LG

Part 25. Concrete Construction
(Energy, Labor & Economic Growth MIOSHA)

The Construction Safety Standard Part 25 Concrete Construction needs to be brought up to date by making it "at least as effective as" comparable Federal OSHA Standards 1926.700 to 1926.706 Concrete and Masonry Construction.

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2003-039 HS

Child Day Care Licensing - Child Care Center
(Human Services Office of Children and Adult Licensing)

In 1996, an ad hoc committee, comprised of departmental representatives, child care advocates, and consumers, spent three years developing model child care center rules, which were eventually set aside by the department in 19999. Only small portions of the model draft rules were incorporated into rule set which became effective in July 2000. A new ad hoc committee (also comprised of departmental representatives, child care advocates, and consumers, has been convened to review the model draft rules created by the 1996 ad hoc committee. The new committee will also recommend further modifications deemed necessary to update the rules in accordance with industry and nation model standards. The goal of the committee is to improve and clarify child care center standards and provide rules that are cost-effective and affordable.

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2003-040 LG

Real Estate Appraisers
(Energy, Labor & Economic Growth Bureau of Commercial Services)

Update obsolete or non-current rules.

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2003-041 LG

Standards for Safeguarding Customer Financial Information
(Energy, Labor & Economic Growth Office of Financial and Insurance Regulation)

Establishes administrative, physical, and technical safeguards to ensure the security and confidentiality of customer financial records and information, to protect against anticipated security threats, and to protect against unauthorized access and use that could substantially hard or inconvenience a customer.

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2003-042 AC

Rescinded - Conduct of Referenda and Elections
(Agriculture Environmental Stewardship Division)

This rule is being rescinded under section 44(1) of 1999 PA 262, therefore no public hearing is required.

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2003-043 AC

Rescinded - Election of Directors at Soil Conservation District Annual Meetings
(Agriculture Environmental Stewardship Division)

This rule is being rescinded under section 44(1) of 1999 PA 262, therefore no public hearing is required.

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2003-044 AC

Rescinded - Hearing Schedule
(Agriculture Environmental Stewardship Division)

This rule is being rescinded under section 44(1) of 1999 PA 262, therefore no public hearing is required.

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2003-045 AC

Rescinded - Regulation No. 50. Weather Modification Control
(Agriculture Environmental Stewardship Division)

This rule is being rescinded under section 44(1) of 1999 PA 262, therefore no public hearing is required.

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2003-046 EQ

Part 8. Emission of oxides of nitrogen from stationary sources
(Environmental Quality Air Quality Division)

Proposed revisions to oxides of nitrogen rules, R 336.1802 through R 336.1816.

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2003-047 EQ

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

Withdrawn 3/29/05 Proposed new rules, R 336.1405 through R 336.1409, to replace former Wayne County sulfur dioxide rules.

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2003-048 LG

Part 18. Overhead and Gantry Cranes
(Energy, Labor & Economic Growth MIOSHA)

The proposed rules will clarify the current MIOSHA Part 18 Overhead and Gantry Cranes standard. The current rules had been amended to remove the requirements for cranes erected or modified after June 24, 1973 and before August 9, 2003, and the ANSI Standard B30.2.0 Overheard and Gantry Cranes 1967 edition. Many people have recommended that these requirements be added back into the rules, as they provide clarification and guidance. The proposed rules will do just that. The proposed rules will also address the Classification of Service Class Rating/Crane Classification and inspection schedules.

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2003-049 EQ

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

Revisions to R 336.1931 for municipal solid waste landfills, revisions to R 336.1932 for large municipal combustors, addition of R 336.1934 for small municipal combustors, addition of R 336.1935 for commercial and industrial solid waste incinerators, addition of R 336.1943 for secondary aluminum sources; and addition of R 336.1944 for site remediation.

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2003-050 EQ

Storage and Handling of Gaseous and Liquefied Hydrogen Systems
(Environmental Quality Waste Management Division)

Withdrawn 4/6/05 The proposed rules will deal with the storage and handling of liquefied and compressed hydrogen and the dispensing from these storage containers/tanks. They will cover minimum distance requirements for these systems to buildings, public assemblages, property lines, and other fire exposures. In addition, they will outline sate minimum requirements for compressions, storage, and dispensing from these systems.