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Archived Rule Revisions for 2005

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2005--078 HS

Child Day Care Program
(Human Services Family Independence Services Administration)

The proposed rule(s) will impose penalties and disqualifications on child care providers and clients receiving child care funds who are found either non-compliant with child care requirements or guilty of fraudulent activities. The rules will impose minimum and maximum penalties on providers and clients.

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2005-001 EQ

Part 632, Nonferrous Metallic Mineral Mining
(Natural Resources and Environment Office Geological Survey)

The proposed rules will provide detailed instructions, criteria, and processes to implement the terms of the statute and include standards for construction, operation, closure, postclosure monitoring, and remediation of a mine.

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2005-002 CH

Communicable and Related Diseases
(Community Health Public Health Administration)

Pursuant to the Public Health Code (PHC), the department is authorized to promulgate rules to establish requirements for reporting and other surveillance methods for measuring the occurrence of disease, infections, and disabilities and the potential for epidemics (MCL 333.5111). The problem is the rules promulgation process is slow and cumbersome. This process doesn't meet the need to rapidly designate reportable diseases. As a result, the rules do not include smallpox, SARS, monkeypox, and other pathogens that should be reportable. Conclusion: The department needs an immediate process in order to track emerging infectious diseases and bioweapons. There was a finding of emergency found regarding this rule, and the rule was promulgated under the Emergency Rule Promulgation Process. The Emergency Rule will expire June 1, 2005.

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2005-003 EQ

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

The proposed new rule is being developed to meet requirements of the U.S. Environmental Protection Agency (EPA) to reduce emissions of oxides of nitrogen (NOx) from stationary internal combustion engines.

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2005-004 MA

Michigan Military Family Relief Fund
(Military and Veteran Affairs Office of the Director and Adjutant General)

Establish procedures for review of applications to and disbursement of funds from the Military Family Relief Fund.

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2005-005 LG

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

The proposed rule amendments would delete tobacconist and florist as approved types of businesses for SDM and SDD licensure in both R 436.1129 and R 436.1135, specifically in subsection (1) of each of these rules. The proposed rule amendments would add winemakers, small winemakers, and wine tasting rooms to the list of approved types of businesses for SDM licensure in R 436.1129.The proposed amendments would also include, in both of the cited rules, the addition of a new subsection which would require that a business involving the ownership or operation of motor vehicle fuel pumps maintain a minimum qualifying inventory under the provisions of MCL 436.1541(1) consisting of merchandise which in itself would qualify the business for SDM or SDD licensure under those rules. The qualifying inventory would exclude alcoholic liquor, motor vehicle fuel or merchandise acquired on a consignment basis.A second new subsection would be added to each of the two rules which would clarify the method of measurement to be utilized in determining the distance between the motor vehicle fuel pumps and the site of payment and display of alcoholic liquor as required by MCL 436.1541(1).

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2005-006 LG

Rescinded - Telecommunications Service Quality
(Energy, Labor & Economic Growth Public Service Commission)

These rules would set standards for measuring and enforcing the quality of regulated telecommunications services.

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2005-007 LG

Prepaid Funeral and Cemetery Sales
(Energy, Labor & Economic Growth Bureau of Commercial Services)

Rules are established to clarify reporting and recordkeeping requirements for prepaid funeral and cemetery sales, as a result of the enactment of the Prepaid Funeral and Cemetery Sales Act, 1986, PA 255, as amended by 2004 PA 21, effective January 1, 2005.

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2005-008 LG

Rules and Regulations Governing Animal Contact Current Mitigation
(Energy, Labor & Economic Growth Public Service Commission)

The rule will set standards for stray voltage.

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2005-009 LG

Rescinded - Rules and Regulations Governing Service Supplied by Water Utilities
(Energy, Labor & Economic Growth Public Service Commission)

R 460.13101 to 460.13707, which concerned the regulation of water utilities, are obsolete because the Legislature repealed Public Act 19 of 1967, MCL 486.551 et seq., through passage of 1995 PA 246. Therefore, we are asking for rescission of these rules under Section 44(1) of the Administrative Procedures Act.

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2005-010 LG

Michigan Gas Safety Standards
(Energy, Labor & Economic Growth Public Service Commission)

Adopts two adjustments to existing rules required by federal laws: 1. Minimum Federal Safety Standards (pipeline) 2. Drug and Alcohol Testing

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2005-011 LG

Rescinded - Telecommunications Services
(Energy, Labor & Economic Growth Public Service Commission)

R 484.1 to 484.76, which concern telecommunications service quality matters, had a sunset provision and were replaced by R 484.401 to 484.471 effective August 1, 2003. Hence, we are asking for this rule set to be rescinded under Section 44(1) of the Administrative Procedures Act.

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2005-012 LG

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

Eliminates time delays for approval of barber student licenses by allowing the department to renew a license without presenting it to the board.Update references to alternatives for high school equivalency.Requires barber colleges to administer a final examination for students in all curriculum subjects, and report the successful completion to the department.

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2005-013 HS

Children's and Adult Foster Care Camps
(Human Services Office of Children and Adult Licensing)

Modification of the Children's and Adult Foster Care Camp Rules

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2005-014 CS

Rules of Practice and Procedure
(Civil Service Board of Ethics)

Delineate practices and standards of the Board with regard to complaints, advisory opinions, and requests for investigation.

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2005-015 SR

Due Process Procedures for Special Education Hearings
(State Office of Administrative Hearings and Rules )

ORR # 2004-039 DE, rules to amend the "Special Education Programs and Services" rules, are divided into parts 1-9. Part 2 is entitled, "Evaluation, Eligibility, Student Assignment, and Due Process Procedures." Executive Order 2005-1, effective March 27, 2005, moved the rule promulgation authority for hearing functions to the "State Office of Administrative Hearings and Rules." Therefore, the Department of Education no longer has the promulgation authority over this portion of the rule set. Hence, Part 2 is being removed from the 2004-039 DE rule set and promulgated on its own under the State Office of Administrative Hearings and Rules. The Individuals with Disabilities Education Act requires states to have a due process hearing system. The new rules would create a one-tiered system with salaried magistrates.

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2005-016 LG

Boilers
(Energy, Labor & Economic Growth Bureau of Construction Codes)

These rules will adopt the 2004 edition of the ASME code and the National Board Inspection Code. The rule update will allow Michigan to enforce the most current standards to assure that boilers are manufactured, installed, and inspected to the safest standards.

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2005-017 LG

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

These rules update qualifications for education and experience to qualify for licensure as an architect. They clarify current policy, streamline procedures, and eliminate obsolete provisions, easing administrative costs for the bureau. These rules eliminate outdated standards regarding public meetings, and adopt by reference the provisions of the open meetings act. They also adopt by reference the education, experience and examination standards of the national accrediting body, to provide Michigan licensees with consistency with other states.

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2005-018 EQ

Rescinded - Sanitation Standards for Schools
(Natural Resources and Environment Water Bureau)

Rescind rules governing sanitation standards for schools made obsolete by the repeal of Act 146 under Part 251, Repeals, of the Public Health Code, Part 251, of 1978 PA 368 (Act 368), MCL 333.25101, using the process under Section 44(1) of Act 306, MCL 24.244(1).

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2005-019 LG

Part 8. Portable Fire Extinguishers
(Energy, Labor & Economic Growth MIOSHA)

Add Class "K" fire extinguishers to current standard. This is a new class of fire extinguishers that have been on the market for several years that needed to be included in this standard, which is the correct protective response from combustible oils and fats.

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2005-020 LG

Part 30. Telecommunications
(Energy, Labor & Economic Growth MIOSHA)

The Michigan Occupational Safety and Health Standard Part 30. Telecommunications provides protection for Michigan workers involved in the telecommunications industry. This standard adopts the Federal OSHA Telecommunication Standard 29 CFR 1910.268 by reference. (See: Telecommunications. - 1910.268)

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2005-021 LG

Part 664. Telecommunications Industry
(Energy, Labor & Economic Growth MIOSHA)

The Michigan Occupational Safety and Health Standard Part 664. Telecommunications Industry provides protection for Michigan workers involved in the telecommunications industry; however, this standard needs to be rescinded because it is duplicative of Michigan Occupational Safety and Health Standard Part 30. Telecommunications.

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2005-022 LG

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

The proposed rules will establish the standards and requirements for the relocation and reuse of used modular classrooms per PA 510 of 2004.

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2005-023 LG

Construction Code - Part 8. Electrical Code
(Energy, Labor & Economic Growth Bureau of Construction Codes)

The 2005 version of the National Electrical Code is available for adoption. The code contains provisions relating to revised standards and new materials.

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2005-024 AC

Regulation No. 816. Stabling and Training Facilities for Standardbred Harness Horses
(Agriculture Finance and Technology Division)

Setting eligibility and payment criteria for fairs that provide training and stabling facilities for standardbred harness racehorses.

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2005-025 EQ

Part 6. Emission Limitations and Prohibitions - Existing Sources for Volatile Organic Compounds Emissions
(Environmental Quality Air Quality Division)

R 336.1627 is the rule for delivery vessels and vapor collection systems.

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2005-026 EQ

Part 10. Intermittent Testing and Sampling
(Environmental Quality Air Quality Division)

R336.2004 is the rule for Appendix A, adoption of federal reference test methods; and R336.2005 is the rule for reference test methods for delivery vessels.

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2005-027 ED

Teachers' Tenure
(Education State Board of Education)

The proposed rule amendment would restore the ability of school guidance counselors who hold any Michigan teaching certificate with a school guidance counselor endorsement to earn teacher tenure.

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2005-028 CH

Dentistry General Rules
(Community Health Bureau of Health Professions)

This rule set will allow for other testing options (other national/regional model tests, as approved by the Board of Dentistry), which provides more flexibility for licensees.

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2005-029 MA

State Homes for Veterans
(Military and Veteran Affairs Office of the Director and Adjutant General)

Codify Veterans Homes policies and procedures regarding admissions, discharges, charges and overall operations.

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2005-030 TP

Local Bridge Program Rules
(Transportation Bureau of Highway Development)

PA 384 of 2004, effective October 12, 2004, requires the department to draft rules to govern the administration of the newly enacted local bridge program. The Act further provides that "the rules shall set forth the eligibility criteria for financial assistance under the program and other matters related to the program that the department considers necessary and desirable."

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2005-031 LG

Part 16. Power Transmission & Distribution
(Energy, Labor & Economic Growth MIOSHA)

The Michigan Construction Safety Standards Part 16. Power Transmission and Distribution provides protection for Michigan workers involved in the power transmission and distribution industry. These standards will mirror federal OSHA standards already in place.

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2005-032 SP

Tests for Breath Alcohol
(State Police Special Operations Division)

Rescind R 325.2659 under MCL 24.244(1), as it is superseded by ruleset R 325.2671 to R 325. 2677, effective May 23, 2005.

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2005-033 LG

Part 50. Telecommunications.
(Energy, Labor & Economic Growth MIOSHA)

The MIOSHA General Industry Safety Standard Part 50. Telecommunications provides protection for Michigan general industry workers involved in the telecommunications industry. This standard adopts the Federal OSHA Telecommunication Standard 29 CFR 1910.268 by reference. (See: Telecommunications. - 1910.268)

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2005-034 LG

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

These rules amend the cosmetology rules to allow a licensed school to have an appropriately regulated branch facility. Other cleanup language is added.

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2005-035 EQ

Part 6. Emission Limitations and Prohibitions - Existing Sources for Volatile Organic Compounds Emissions
(Environmental Quality Air Quality Division)

Proposed new rules, R 336.1660 through R 336.1670, limit volatile organic compound (VOC) content in the consumer and commercial products manufactured, sold, or used in the state of Michigan.

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2005-036 EQ

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

Proposed new rules, R 336.1405 to R 336.1408, are being added to replace former Wayne County sulfur dioxide rules. In addition, R 336.1401 and R 336.1402 are being revised, and R 336.1404 is being rescinded. Proposed new rules, R 336.1420 and R 336.1421, are being developed to meet requirements of the EPA to reduce transported emissions of sulfur dioxide (SO2) from electric generating units (EGUs).

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2005-037 EQ

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

The proposed rule revisions are being developed to meet requirements of the U.S. Environmental Protection Agency (EPA) to reduce transported emissions of oxides of nitrogen (NOx) from electric generating units (EGUs).

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2005-038 EQ

Part 15. Emission Limitations and Prohibitions-Mercury
(Natural Resources and Environment Air Quality Division)

The proposed new rules are being developed to meet the Governor's directive to reduce mercury emissions from electric generating units (EGUs) by 90% by 2015 and requirements of the U.S. Environmental Protection Agency (EPA) to reduce emissions of mercury emissions from EGUs.

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2005-039 CH

Child Death Scene Investigation
(Community Health Public Health Administration)

The proposed rule requires county medical examiners and deputy county medical examiners to determine the cause of child death of children under two years of age in accordance with the State of Michigan Protocols to Determine Cause and Manner of Sudden and Unexplained Child Deaths.

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2005-040 LG

Residential Builders and Maintenance and Alteration Contractors
(Energy, Labor & Economic Growth Bureau of Commercial Services)

Update obsolete language and rules that no longer apply to department policies and procedures. Provide flexibility in application of requirements to accommodate changes in current technology and standards of practice. As an example, R21 was revised to conform to current policies and procedures for filing of applications, and to clarify the types of documentation necessary to verify entity status, and to document financial stability, as required for licensure.

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2005-041 LG

Rule 3304. Extinguishing Systems
(Energy, Labor & Economic Growth MIOSHA)

This standard needs to be rescinded because it is duplicative of Michigan Occupational Safety and Health Standard Part 9 'Fixed Fire Equipment.'

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2005-042 CH

Prevention
(Community Health Mental Health and Substance Abuse Administration)

The department will rescind outdated rules as follows:R 325.14501 through 325.14501(3) Part 4. Prevention Subpart 1. CAITR 325.14521 through 325.14530(2) Part 5. Prevention Subpart 2. Problem Assistance.These rescissions are necessary as the rules are outdated and the terminology is not consistent with current best practice and are no longer necessary.

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2005-043 CH

Casefinding
(Community Health )

These rescissions are necessary as the rules are outdated and the terminology is not consistent with current best practice and are no longer necessary.

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2005-044 CH

Substance Use Disorders Service Program
(Community Health Mental Health and Substance Abuse Administration)

The department will amend outdated rules as follows:R 325.14101 Definitions (f) "casefinding-organizational development" (delete)R 325.14101 Definitions (g) "casefinding-screening and assessment, referral, follow-up" or "SARF" (delete)R 325.14102 Definitions (a) "follow-up" (delete)

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2005-045 CH

Methadone Treatment and Other Chemotherapy
(Community Health Mental Health and Substance Abuse Administration)

Amendments will be made to the following rule:R 325.14419(2)(g) - Twice monthly progress reports by the counselor, signed and dated and (m) The initial treatment plan.The rules do not reflect current best practices with regard to treatment planning (R 325.14419(2)(m). Treatment plans should be regularly reviewed and updated. The Amendments will be made to the following rule:R 325.14419(2)(g) - Twice monthly progress reports by the counselor, signed and dated and (m) The initial treatment plan.The rules do not reflect current best practices with regard to treatment planning (R 325.14419(2)(m). Treatment plans should be regularly reviewed and updated. The current rule fails to address any but the initial treatment plan. R 325.14419(2)(g), as promulgated, requires two monthly progress notes by a counselor irrespective of the client's need for counseling. As a result, unnecessary counseling services are being provided at an estimated cost of $15 for a 15 minute individual counseling encounter. Current best practice standards would provide for counseling services as needed to be contained in the individualized treatment plan. The proposed amendments "tie" the required progress reports to the treatment plan and require these so long as the treatment plan identifies a need for and includes required counseling services.

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2005-046 CH

Licensing of Substance Use Disorder Programs
(Community Health Mental Health and Substance Abuse Administration)

The department will amend rules as follows:R 325.14208 (1)(a) through (d) - rescind service categories and renumber.These rescissions are necessary as the rules are outdated and the terminology is not consistent with current best practice and are no longer necessary.

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2005-047 LG

Dormitory Fire Safety for Schools, Colleges and Universities
(Energy, Labor & Economic Growth Bureau of Fire Services)

Withdrawn 09/05/2006 It is proposed to rescind this rule set and create a Michigan Fire Safety Code.

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2005-048 LG

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

Withdrawn 09/05/2006 It is proposed to rescind this rule set and create a Michigan Fire Safety Code.

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2005-049 LG

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

Withdrawn 09/05/2006 It is proposed to rescind this rule set and create a Michigan Fire Safety Code.

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2005-050 LG

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

Withdrawn 09/05/2006 It is proposed to rescind this rule set and create a Michigan Fire Safety Code.

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2005-051 LG

New and Existing School, College and University Fire Safety
(Energy, Labor & Economic Growth Bureau of Fire Services)

Withdrawn 09/05/2006 It is proposed to rescind this rule set and create a Michigan Fire Safety Code.

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2005-052 LG

Fire Prevention
(Energy, Labor & Economic Growth Bureau of Fire Services)

Withdrawn 09/05/2006 It is proposed to rescind this rule set and create a Michigan Fire Safety Code.

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2005-053 LG

New and Existing Penal Institutions Fire Safety
(Energy, Labor & Economic Growth Bureau of Fire Services)

Withdrawn 09/05/2006 It is proposed to rescind this rule set and create a Michigan Fire Safety Code.

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2005-054 LG

State-owned and Leased Buildings Fire Safety
(Energy, Labor & Economic Growth Bureau of Fire Services)

Withdrawn 09/05/2006 It is proposed to rescind this rule set and create a Michigan Fire Code.

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2005-055 LG

Michigan Fire Safety Code
(Energy, Labor & Economic Growth Bureau of Construction Codes and Fire Safety)

Withdrawn 09/05/2006 The proposed Michigan Fire Safety Code will merge the eight existing fire safety rules into one code by adopting the 2006 International Fire Code with amendments, deletions, and additions deemed necessary for use in Michigan. This will update the rules to the latest national fire safety standards and align the Michigan Fire Safety Code with the Michigan Building, Residential, Plumbing, Mechanical, and Rehabilitation codes providing more unified code requirements across the state.

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2005-056 EQ

Wetlands Protection
(Natural Resources and Environment Land and Water Management Division)

The proposed rules revision will clarify that the purpose of a wetland assessment is to identify wetland and non-wetland areas on a parcel or portion of a parcel. The revision will also increase the fees for assessments currently in the rules to cover operational costs.

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2005-057 NR

Control of Open and Prescribed Burning
(Natural Resources and Environment Forest, Mineral & Fire Management)

The rule provides for the administration of burning permits and the Certified Prescribed Burn Manager program.

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2005-058 CH

Blood Lead Analysis Reporting
(Community Health Public Health Administration)

The proposed change in R 325.9084 is amended pursuant to PA 54 of 2004, which changes "permissive" to "required" electronic reporting.The proposed changes in R 325.9086 are amended to allow prosecution of rental property owners renting housing with known lead hazards to families with young children. This proposed rule amendment would change the frequency with which housing with lead hazards are rented to families with young children.

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2005-059 CH

Michigan Trauma Systems
(Community Health Public Health Administration)

The proposed rules will establish a comprehensive statewide trauma care system that is an integrated arrangement of the emergency services personnel, facilities, equipment, services, communications, medical control authorities, and organizations necessary to provide trauma care to all patients within a particular geographic region.

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2005-060 LG

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

The source documents listed in R 418.10107 will be updated. This rule set will update the practitioner fees by using 2005 published relative value data and a conversion factor of $49.22,which is 1.5% increase from the current conversion factor. This rule set will also create a distinction between the facility site and non-facility site of payment for practitioners, which is standard in the health care industry.Additionally the rules will update the wage index used to calculate the maximum allowable payments for the freestanding surgical outpatient facilities from 1.047 to 1.0678.This rule set also will update the method for reimbursing durable medical equipment and supplies.

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2005-070 LG

Part 681. Radiation in Construction: Ionizing and Nonionizing
(Energy, Labor & Economic Growth MIOSHA)

Michigan Occupational Health Standards for Radiation in Construction provide protection for Michigan construction workers involved in the use of ionizing or nonionizing radiation.

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2005-071 EQ

Voluntary Laboratory Recognition Program
(Natural Resources and Environment Environmental Science and Services Division)

PA 229 of 2004, which became effective June 21, 2004, allows the department to draft rules to accomplish the following: �implement a voluntary laboratory data quality recognition program that identifies commercial laboratories that the department considers to be qualified to generate analytical data for submission to department for compliance purposes. � establish laboratory quality system requirements and mechanisms to verify these requirements are met. �establish procedures for the application process, mechanisms for the acceptance of laboratories into the program, renewal of recognition, website postings, and termination of recognition.

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2005-072 HS

Licensing Rules for Foster Family Homes and Foster Family Group Homes
(Human Services Office of Children and Adult Licensing)

R400.9306 (3) currently defines how beds shall be equipped. The proposal is to add the conditions for safe bedding and sleeping equipment for infants.

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2005-073 HS

Licensing Rules for Child Placing Agencies
(Human Services Office of Children and Adult Licensing)

Child placing agencies will be required to add safe sleep requirements for infants to foster parent orientation and training. Child placing agencies will be required to have specific policy for complying with the provisions of the child protection law.

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2005-074 AC

Bodies of Dead Animals
(Agriculture Animal Industry Division)

The rule covers the handling and disposal requirements for dead livestock, including composting materials and requirements.

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2005-075 LG

Fire Fighters Training Council General Rules
(Energy, Labor & Economic Growth Bureau of Fire Services)

Withdrawn 09/05/2006 The proposed rules will eliminate conflict between the act and the rules while updating and clarifying terminology.

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2005-076 LG

Proprietary Schools
(Education Superintendent of Public Instruction)

Rules are promulgated to implement the complimentary legislative provisions in Act 148 of 1943, Private Trade Schools, Business Schools, and Institutes; Act 40 of 1963, Private Trade Schools, Business Schools, Correspondence Schools, and Institutes; and Act 227 of 1971, Home Solicitation Sales. Existing practices require that the rules be brought to current standards of practice. It is anticipated that the renewal process be streamlined with some aspects reported to the state on a three-year cycle rather than annually.

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2005-077 LG

Solicitors for Private Schools
(Energy, Labor & Economic Growth Bureau of Workforce Transformation)

Rules are promulgated to implement the complimentary legislative provisions in Act 148 of 1943, Private Trade Schools, Business Schools, and Institutes; Act 40 of 1963, Private Trade Schools, Business Schools, Correspondence Schools, and Institutes; and Act 227 of 1971, Home Solicitation Sales. Existing practices require that the rules be brought to current standards of practice. (A companion RFR is provided for the Solicitors Act.)It is anticipated that the renewal process be streamlined with some aspects reported to the state on a three-year cycle rather than annually.

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2005-079 HS

Rescinded - Neighborhood Assistance and Participation Program
(Human Services Office of Legal Affairs)

Rescind rules governing the Neighborhood Assistance and Participation Program made obsolete by the discontinuation of funding for the program since 1983, using the process under Section 44(1) of Act 306, MCL 24.244(1).

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2005-080 LG

Group Self-Insurance; Employee Leasing
(Energy, Labor & Economic Growth Workers' Compensation Agency)

Sets qualification criteria for employee leasing companies applying for membership in group self-insurance funds

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2005-081 EQ

Clean Corporate Citizen Program
(Natural Resources and Environment Environmental Science and Services Division)

The C3 Program is a voluntary incentive program designed to provide positive public recognition and regulatory flexibility for those establishments that have demonstrated strong environmental performance and a commitment to continual environmental improvement. The revised rules would add clarity and strengthen the criteria necessary to receive and retain C3 designation.

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2005-082 LG

Part 26. Steel Erection
(Energy, Labor & Economic Growth MIOSHA)

The Construction Safety Standard Part 26. Steel Erection Standard provides protection for Michigan workers involved in steel erection operations.

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2005-083 LG

Part 7. Disciplinary Proceedings
(Energy, Labor & Economic Growth Bureau of Commercial Services)

Updates rules to: Use correct department name To define terminology To clarify the department's authority to pursue administrative prosecution of statutory violations when a license becomes expired, is surrendered, lapses, is suspended, or is revokedAdds rule to: To clarify licensee/registrant obligations to maintain current name and address information with department.

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2005-084 LG

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

The proposed rules will modify R408.9002, to remove the language that a complainant is a person that signed a complaint alleging a violation; this will clean up an inconsistency with Rule R408.9019 that was modified in 2003, removing the signature requirement. The proposed rule to modify R408.9033 will modify penalties for violations of the act and rules, the current penalty of $300 has not been effective as a penalty against an employer that fails to provide required records to investigators during an investigation, the proposed rule will allow the Department to assess up to a $1,000.00 penalty against an employer that fails to provide records during an investigation of a violation of the Act. The proposed rule R408.9035 will create new rules for the use of payroll debit card, stored value cards, etc., to be used as a method of payment of wages; this method of payment was amended to the Act effective in January 2005. Other technical changes will be made to modify references to former department names.

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2005-085 ED

Teacher Certification Code
(Education Superintendent of Public Instruction)

The proposed rule revisions are focused on the preparation of teachers; initial certification; advancement in certification; the renewal of certificates; the revocation and suspension of certificates and issuance of teacher permits. The proposed rules would allow for the implementation of Revised School Code requirements. The rules would be used to direct the day-to-day operations of the Department of Education in reviewing preparation programs and applications for teaching certificates and permits.

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2005-086 ED

Certification and Licensure of School Counselors
(Education Superintendent of Public Instruction)

The proposed rules would align the Michigan requirements for the preparation and certification of school counselors with national standards. The proposed rules would establish a process for the licensing of school counselors pursuant to section 380.1233 of 1976 PA 451, MCL 380.1233.

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2005-087 ED

School Psychologist Certificate
(Education Superintendent of Public Instruction)

The proposed rules would align the Michigan requirements for the preparation and certification of school psychologists with national standards. The proposed rules alleviate some burdensome requirements for out-of-state applicants for a Michigan school psychologist certificate.

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2005-088 LG

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

The proposed rules will modify R 408.6203 (d) by changing reference to SIC code to North American Industry Classification System (NAICS) code, which will allow businesses to reference one classification code; currently the rules reference the SIC code and the Act in Section 19 MCL 409.119 was amended in 2004 to reference the NAICS code. Modification to rule R408.6206, to make it consistent with the amendment to Section 19(f) MCL 409.119(f) of the Act that became effective in 2004. Proposed new rule R408.6309 will establish fines for certain violations of the act and rules. Other technical changes will be made to modify references to former department names.

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2005-089 CH

Board of Pharmacy
(Community Health Bureau of Health Professions)

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2005-090 CH

Board of Pharmacy - Controlled Substances
(Community Health Bureau of Health Professions)

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2005-091 CH

Board of Pharmacy - Continuing Education
(Community Health Bureau of Health Professions)

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2005-092 LG

Actuarial Opinion and Memorandum Under Standard Valuation Law
(Energy, Labor & Economic Growth Office of Financial and Insurance Regulation)

This rule set would amount to adoption in Michigan of NAIC Model Law to address actuarial opinions and asset adequacy analyses under the standard valuation laws for life insurance companies.

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2005-093 SR

Administrative Hearings for the Suspension and Revocation of Michigan Teaching Certificates
(State Office of Administrative Hearings and Rules )

This hearing rule will supplement R 390.1205 through R 390.1216, which set forth the procedures MDOE will continue to use in cueing up hearings for teachers. The promulgation of this one procedural rule lies with the State Office of Administrative Hearings and Rules, per ERO 2005-1.

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2005-094 CH

Communicable and Related Disease
(Community Health Public Health Administration)

Pneumococcal conjugate vaccine was licensed in February of 2000 for use in children less than 5 years of age. In October of 2000, the Advisory Committee on Immunization Practices (ACIP) made recommendations that this vaccine become part of the routine vaccination schedule for children. In the short history of using this vaccine, it has already proven to be extremely safe and effective at preventing invasive pneumococcal disease. This proposal requires pneumococcal conjugate vaccine for entry into a program of group residence, care, or camping.

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2005-095 TY

Lottery Rules
(Treasury Bureau of State Lottery)

This amendment will clarify the rules pertaining to Pulltab tickets and prizes and make other technical revisions.

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2005-096 TY

School Bond Qualification, Approval, and Loan Rules
(Treasury Bureau of Bond Finance)

The rules explain and clarify the new School Bond Qualification, Approval, and Loan Act.

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2005-097 NR

Local Snowmobile and Off Road Vehicle Control - Kawkawlin River
(Natural Resources Law Enforcement)

Snowmobiles & Off Road Vehicles- Speed restrictions on ice on the Kawkawlin River.

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2005-098 LG

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

Update rules references.

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2005-099 LG

Worker's Compensation Agency-Group Self-Insurance - Emergency Rule
(Energy, Labor & Economic Growth Workers' Compensation Agency)

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2005-100 LG

Emergecy Billing Practices for Retail Customers
(Energy, Labor & Economic Growth Public Service Commission)

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2005-101 MA

Military Family Relief Fund - Emergency Rule
(Military and Veteran Affairs Veterans' Trust Fund Board of Trustees)