State Office of Adminstrative Hearings and Rules
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Archived Rule Revisions for 2006




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2006-001 AC

Regulation No. 351 Julian-Stille Value-Added Agricultural Development Fund
(Agriculture Executive Division)

The rule describes the process to be met for distribution of grant money from the Julian-Stille Value-Added Agriculture Development Fund.



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2006-002 LG

Construction Code - Part 4. Building Code.
(Energy, Labor & Economic Growth Bureau of Construction Codes)

The proposed rules will adopt the 2006 edition of the International Building and Residential Codes with amendments, deletions and additions deemed necessary for use in Michigan.



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2006-003 LG

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

The proposed rules will adopt the 2006 edition of the International Existing Building code with amendments, deletions and additions deemed necessary for use in Michigan.



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2006-004 LG

Construction Code - Part 9A. Mechanical Code
(Energy, Labor & Economic Growth Bureau of Construction Codes)

The proposed rules will adopt the 2006 edition of the International Mechanical Code with amendments, deletions and additions deemed necessary for use in Michigan.



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2006-005 LG

Construction Code - Part 7. Plumbing Code
(Energy, Labor & Economic Growth Bureau of Construction Codes)

The proposed rules will adopt the 2006 edition of the International Plumbing Code with amendments, deletions and additions deemed necessary for use in Michigan.



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2006-006 EQ

Water Resources Protection -- Part 4. Water Quality Standards
(Natural Resources and Environment Water Bureau)

Withdrawn 2/23/2007 Establishment of nutrient criteria and a process for establishing nutrient criteria for lakes, reservoirs, rivers, streams, and select bays of the Great Lakes.



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2006-007 EQ

Water Resources Protection -- Part 23. Pretreatment
(Environmental Quality )

Withdrawn 2/23/2007 The proposed rules would incorporate the majority of the changes made to the General Pretreatment Regulations for Existing and New Sources of Pollution (Title 40 of the Code of Federal Regulations, Part 403, Environmental Protection Agency, as amended) in 1995, 1997, and 2005. For the most part, the changes will offer streamlining and regulatory relief for municipalities and industries compared to the existing requirements. There also are a few minor additional requirements and clarifications that will be included. In addition, references will be updated.



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2006-008 LG

Employment Security Board of Review
(Energy, Labor & Economic Growth Michigan Employment Security Board of Review)

1. Amend Rule 421.1101 to add definitions.2. Amend Rule 421.1103 to clarify the current correct location of the MES Board of Review. 3. Amend Rule 421.1302 to add a new subsection (4) specifying that the Board of Review must accept appeals by facsimile through the close of the calendar day, rather than the business day.4. There are many references to the now abolished "commission" throughout the rules. References to the "commission" should, therefore, be deleted and replaced with the proper entity (which may vary depending on context.) 5. Amend Rule 421.1105 to clarify the computation of time.



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2006-009 LG

Part 22. Signals, Signs, Tags, and Barricades
(Energy, Labor & Economic Growth MIOSHA)

The Michigan Construction Safety Standards Part 22. Signals, Signs, Tags, and Barricades provides protection for Michigan workers and pertains to the design, placement, relocation, covering, removal, use, and maintenance of signals, traffic control devices, accident prevention signs, tags, and barricades for construction operations.



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2006-010 MA

Military Family Relief Fund, Procedure for Review of Applications and Disbursement of Funds
(Military and Veteran Affairs Office of the Director and Adjutant General)

Change R 200.20 so that the 10% reduction in pay requirement contained in subsection (f) is replaced by a requirement that the qualified individual has incurred a significant increase in the necessities of daily living, or the qualified individual has suffered a loss of pay, or the qualified individual has suffered a significant emergency that warrants financial assistance.



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2006-011 LG

Private Wastewater Treatment Facilities
(Energy, Labor & Economic Growth Public Service Commission)

Withdrawn 5/21/07 These rules are necessitated due to passage of 2006 PA 190, which grants the Michigan Public Service Commission authority to regulate private wastewater treatment facilities.



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2006-012 LG

MI Child Protection Registry Rules
(Energy, Labor & Economic Growth Public Service Commission)

Editing change for R484.510 (3)Senders shall not use, sell, or disclose any list of registered contact points that may be derived or obtained through use of the registry or by any other means. Proposed R 484.510 (5)The sending of a message is not prohibited if prior to sending the message, the sender has obtained an affirmative statement of consent from an age-verified adult to receive the message at an adult designed contact point. The sender shall notify the department that the sender intends to send messages as allowed under this subsection and comply with any procedures that may be established.



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2006-013 LG

Technical Standards for Electric Service
(Energy, Labor & Economic Growth Public Service Commission)

These rules establish record keeping and reporting requirements, metering requirements, customer relations requirements, engineering requirements, meter inspections and tests, standards for quality of service, safety standards, and standards for deposits, the content and frequency of bills, and billing dispute resolutions.



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2006-014 LG

Rescinded - Consumer Standards and Billing Practices for Electric and Gas Residential Service
(Energy, Labor & Economic Growth Public Service Commission)

These rules establish standards for residential customer deposits, the content and frequency of bills, billing inquiries, and dispute resolutions for electric and gas service.



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2006-015 LG

Billing Practices Applicable to Non-Residential Electric and Gas Customers
(Energy, Labor & Economic Growth Public Service Commission)

These rules establish standards for commercial and industrial gas customers for matters such as deposits, the content and frequency of bills, billing inquiries, billing errors, meter errors, and dispute resolutions.



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2006-016 LG

Filing Procedures For Electric, Wastewater, Steam, And Gas Utilities
(Energy, Labor & Economic Growth Public Service Commission)

These rules establish standards and procedures for the filing of rate schedules, rules and regulations, standard forms, and special contracts



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2006-017 LG

Uniform System Of Accounts For Major And Nonmajor Electric Utilities
(Energy, Labor & Economic Growth Public Service Commission)

Wihtdrawn 5/13/2009 These rules establish accounting standards for electric utilities regulated by the Michigan Public Service Commission.



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2006-018 LG

Uniform System Of Accounts For Major And Nonmajor Gas Utilities
(Energy, Labor & Economic Growth Public Service Commission)

Withdrawn 5/13/2009 These rules establish accounting standards for gas utilities regulated by the Michigan Public Service Commission.



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2006-019 EQ

Water Resources Protection -- Part 17. Soil Erosion and Sedimentation Control
(Natural Resources and Environment Water Bureau)

Section 9105(1) of Part 91, SESC, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, MCL 324.9105(1), states that a county is responsible for administration and enforcement of this part and the rules promulgated under this part throughout the county except: (1) within a municipality that has assumed responsibility for SESC under Section 9106, MCL 324.9106; and (2) earth changes undertaken by an authorized public agencies designated pursuant to Section 9110, MCL 324.9110. The DEQ proposes to rescind the requirement for the DEQ to issue Soil Erosion and Sedimentation Control (SESC) permits for projects crossing county and some municipal boundaries.Reasons to rescind the rule include: (1) loss of permit fees to counties and municipalities that desperately need the funds to administer and enforce their SESC programs; and (2) additional burden on the permittees in some counties where, on the advice of their legal counsels, the counties require the applicant to obtain a county permit in addition to the DEQ permit.



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2006-020 LG

Real Estate Licensing/Distance Education Standards
(Energy, Labor & Economic Growth Bureau of Commercial Services)

The proposed rules governing education have been updated to reflect the Occupational Code changes in November 2003. In addition, we have changed the period for approval of education courses to be for the 3-year license period instead of having to renew annually. Wording was amended to be consistent throughout the rules and with the Occupational Code. Requirements applying to both Prelicensure and Continuing Education were moved into the General Provisions section.



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2006-022 LG

Rescinded - Informal Reparation Docket Cases Before the Commission
(Energy, Labor & Economic Growth Public Service Commission)

These rules, which are obsolete, deal with the process by which claims for rail freight overcharges would be processed. The Commission no longer regulates railroads (that function was transferred to the Department of Transportation in 1982 by MCL 247.822 and 247.823) and the Act under which these rules were adopted no longer applies to railroads (See, MCL 462.2a). Therefore, we are asking for rescission of these rules under Section 44(1) of the Administrative Procedures Act, MCL 24.244(1).



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2006-023 TY

Rescinded - Children of Veterans Tuition Grant Program
(Treasury Student Financial Services Bureau)

Rules will identify and explain the criteria for program eligibility, as well as provide general information on the operation of the program.



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2006-024 LG

Certificates - Discretionary Clauses
(Energy, Labor & Economic Growth Office of Financial and Insurance Regulation)

The rules prohibit a nonprofit health care corporation from inserting a discretionary clause in any certificate subject to Nonprofit Health Care Corporation Reform Act, MCL 550.1101, ff.



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2006-026 LG

Insurance Policy Forms - Discretionary Clauses
(Energy, Labor & Economic Growth Office of Financial and Insurance Regulation)

The rules prohibit an insurer from inserting a discretionary clause in any insurance policy form subject to MCL 500.2236.



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2006-027 LG

Credit Insurance Policy Forms - Discretionary Clauses
(Energy, Labor & Economic Growth Office of Financial and Insurance Regulation)

The rules prohibit a credit insurer from inserting a discretionary clause in any credit insurance policy form subject to MCL 550.613.



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2006-028 LG

Insurance Policy Forms - Shortened Limitation of Action Clauses
(Energy, Labor & Economic Growth Office of Financial and Insurance Regulation)

The rules prohibit an insurer from inserting into any personal lines insurance policy form subject to MCL 500.2236 a shortened limitation of action clause as defined in draft R 500.2211(d).



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2006-029 SP

Tests for Breath Alcohol
(State Police Special Operations Division)

Make several minor changes to clarify sections that have been misinterpreted by the courts, add three definitions, and add an additional operator class.



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2006-030 SP

Law Enforcement Information Network
(State Police Criminal Justice Information Center)

Withdrawn 7-24-08 Public Acts 308 - 311 of 2005, which became effective February 1, 2006, require the department to change current rules to accomplish the following:· Combine the AFIS Policy Council and the LEIN Policy Council· Change rules governing the release of criminal history information· Establish rules concerning the CJIS Policy Council's authority to grant LEIN access· Change rules governing connection to the network· Change rules to reflect current technology· Clarify definitions to be retained and delete obsolete definitions· Change rules defining unauthorized use of LEIN information· Change rules to provide guidance concerning the release of LEIN information to non-criminal justice persons or entities



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2006-031 LG

Part 604. Chromium (VI) in Construction
(Energy, Labor & Economic Growth MIOSHA)

The MIOSHA Occupational Health Standard Part 604 Chromium (VI) in Construction provides protection for Michigan construction workers. The standard provides for workplace protection from exposure to Hexavalent Chromium through monitoring air concentrations, respiratory protection and training. This standard adopts the Federal OSHA Standard 29 CFR §1926.1126 Chromium (VI) by reference. (See: §1926.1126 Chromium (VI).



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2006-032 LG

Part 315. Chromium (VI) in General Industry
(Energy, Labor & Economic Growth MIOSHA)

The MIOSHA Occupational Health Standard Part 315 Chromium (VI) in General Industry provides protection for Michigan general industry workers. The standard provides for workplace protection from exposure to Hexavalent Chromium through monitoring air concentrations, respiratory protection and training. This standard adopts the Federal OSHA Standard 29 CFR §1910.1026 Chromium (VI) by reference. (See: §1910.1026 Chromium (VI).)



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2006-035 LG

Beer
(Energy, Labor & Economic Growth Liquor Control Commission)

The rule would raise the deposit and refund value of beer barrels from $10.00 to $30.00.



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2006-036 LG

Vendor Representative and Salesperson Rules
(Energy, Labor & Economic Growth Liquor Control Commission)

Withdrawn 8/10/2007 The rule would equalize the number of alcoholic drinks that could be purchased by a vendor representative or salesperson for a beer manufacturer, wholesaler, or outstate seller for customers of an on-premises retail licensee, for promotional purposes, with the number of drinks that can be purchased by a vendor representative or salesperson of spirits or wine under the same circumstances.



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2006-037 LG

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

408.43a Clarifies the qualifications for employers seeking approval to self-administer their workers' compensation claims. 408.43i Clarification of amounts available for investment in various investment vehicles stated in this rule.408.43k Defines the types of endorsements considered unacceptable that increase the employer's exposure beyond that approved by the Agency and above what is stated on policy and declaration page. 408.43m Clarifies acceptable Michigan workers' compensation adjusting experience and under what terms an approved service company may handle the claims of a Michigan approved individual self-insurer from a location outside the confines of this state. 408.43q Changes to this rule relax the current requirements providing for letters of credit to be accepted without confirmation. The current rule requires that letters of credit written in support of a workers' compensation self-insured program be written by a Michigan state chartered bank or a federally chartered bank with a Michigan location. Letters of credit not written by one of these types of banks must be confirmed by a Michigan state chartered bank or federally chartered bank with a Michigan location. This change may permit acceptance of letters of credit without confirmation based upon the Director's discretion.



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2006-038 LG

Vehicle Protection Warranties
(Energy, Labor & Economic Growth Bureau of Commercial Services)

Withdrawn 4/5/2007 Rules are needed to implement PA 263 of 2005, the "Vehicle Protection Product Act." This is a new program.



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2006-039 MB

Rescinded - Optical Imaging Systems
(Management and Budget )

The rules prescribe standards for optical imaging and storage of official public records



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2006-040 MB

Rescinded - Microfilm Standards
(Management and Budget )

The rules prescribe standards for microfilm recordings, processing, indexing and storage by state agencies, political subdivisions and municipal courts of record



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2006-041 AC

Racing Commissioner - General Rules
(Agriculture Racing Commissioner)

R 431.2001 (c), R 431.3110, R 431.4180, R 431.2090, R 431.2100 and R 431.2120 - These rules define mutuel entries and the conditions for coupling or uncoupling of horses for such entries. The proposed rules revise the current definition of "Mutuel Entry" which requires that 2 or more horses in a race that are either owned wholly or partly by the same owner(s) or are trained by the same trainer must be coupled together as a single betting interest in that race. The proposed rules would either eliminate or make optional the requirements for coupling of same trainers in the definition of "Mutuel Entry," the pertinent rules for Thoroughbred and Standardbred racing breeds and the rules for wagers that prohibit uncoupling as a condition of the wager being offered.R 431.3075 (4) and R 431.4001 (f) The proposed rules simply change from 30 days to 45 days the current racing eligibility requirement for Thoroughbred and Standardbred horses to have started, or been charted, within 30 days of their next race.



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2006-042 TY

Charitable Gaming
(Treasury Bureau of State Lottery)

The rule set will be amended to accommodate linked bingo, to lessen restrictions on worker pay, and to allow additional advertisement of charitable gaming events.



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2006-043 EQ

Part 6. Emission Limitations and Prohibitions-Existing Sources of Volatile Organic Compound (VOC) Emissions
(Environmental Quality Air Quality Division)

Withdrawn 1/5/2010 A proposed new rule, R 336. 1640, will limit VOC emissions.



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2006-044 CH

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

R 338.2505 currently requires an individual who is applying for licensure as a psychologist to take and pass a written examination administered by the Department of Community Health. The rule is being revised to provide for the Board of Psychology's approval of the examination for professional practice in psychology of the Association of State and Provincial Psychology Boards (ASPPB) and to specify a passing score that an applicant for licensure must achieve. Several new rules will be added and other sections will be amended.



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2006-045 LG

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

This rule set will update the source documents listed in R 418.10107. The rule set will update the practitioner fees by using 2006 published relative value data and a conversion factor of $50.20. The conversion factor/Free Standing Outpatient Facility (FSOF) wage index rule will be separated into two rules to facilitate annual updates. This rule set will also adopt a multiple procedure policy for radiology procedures performed within families or groups of contiguous body parts as well as a multiple procedure policy for specific nuclear medicine procedures, which is standard in the health care industry. Additionally, the rule set will update language to more closely reflect CPTâ billing instructions.



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2006-046 SR

State Employees Retirement Board - General Hearing Rules
(State Office of Administrative Hearings and Rules )

Rescinds obsolete hearing rules formerly promulgated under the authority of DMB; adds new hearing rules that meet the requirements of the Administrative Procedures Act, as well as present practices of the State Office of Administrative Hearings and Rules.



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2006-048 CH

Reporting Of Non-Suicidal, Non-Medicinal Chemical Poisonings
(Community Health Public Health Administration)

This rule set would establish requirements for reporting of known or suspected injury or illness associated with unintentional exposure to chemicals, excluding drugs and medicinal substances. It would authorize the state Department of Community Health to obtain identifiable health information from health care providers and hospitals about non-medicinal, chemical poisoning occurrences. It would also authorize the Department to require health care providers to report each case of illness or injury associated with specified chemical exposures when requested.



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2006-049 LG

Board of Magistrates - General Rules
(Energy, Labor & Economic Growth Workers Compensation Board of Magistrate)

The rule (R 418.56) implements Section 418.853 of PA 317 of 1969. The purpose of this rule modification is to require those requesting a subpoena to receive subpoenaed records directly versus the current method that requires that the records be subpoenaed to the Board of Magistrates.



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2006-050 SR

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

R 340.1881 addresses the application of due process hearings conducted after July 1, 2006. R 340.1881 specifies due process hearing procedures. Both rules become effective on July 1, 2006, and the rescissions of those rules will become effective immediately thereafter.



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2006-051 ED

Special Education Hearings - Emergency Rule
(Education Superintendent of Public Instruction)





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2006-052 LG

Telecommunications Basic Local Exchange Service Quality
(Energy, Labor & Economic Growth Public Service Commission)

These rules will govern quality of service for providers of basic local exchange service to end-user customers.



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2006-053 LG

Carnival-Amusement Safety
(Energy, Labor & Economic Growth Bureau of Commercial Services)

1) Updates are needed to reference the most current edition of publications that establish safety standards that must be followed by Michigan licensees. Specifically, Michigan must adopt the following: · The "ASTM International Standards on Amusement Rides and Devices: 7th Edition" (current rules reference the 6th edition) The "ANSI B77.1-2006, American National Standards for Passenger Ropeways--Aerial Tramways, Aerial Lifts, Surface Lifts, Tows and Conveyors--Safety Requirements" (current rules reference the 1999 edition) The "NFPA-70 National Electric Code (NEC), 2005 edition" (current rules reference the 2002 edition) 2) References to the department of "consumer and industry services" must be changed to department of "labor and economic growth."



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2006-054 LG

Ski Area Safety
(Energy, Labor & Economic Growth Bureau of Commercial Services)

Updates are needed to reference the most current edition of the "American National Standard for Passenger Ropeway-Aerial Tramways, Aerial Lifts, Surface Lifts, Tows and Conveyors-Safety Requirements, ANSII B77.1-2006," (current rules reference the 1999 standards.) References to the department of "consumer and industry services" must be changed to the department of "labor and economic growth."



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2006-055 ED

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

Executive Order No. 2005-1 transferred the responsibility to conduct administrative hearings to the State Office of Administrative Hearings and Rules. The Michigan Department of Education, Office of Special Education and Early Intervention Services, drafted the proposed rules to accomplish the following:· Retain the State Educational Agency's federal administrative and supervisory responsibilities under the Individuals with Disabilities Education Improvement Act (IDEA) 2004.·Ensure the due process rights of special education students.·Provide an efficient system for the implementation of special education due process hearings.



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2006-056 LG

Part 1. Subdivisions of Land
(Energy, Labor & Economic Growth Bureau of Construction Codes)

These will be updated by promulgating as rules established guidelines, reflecting statutory changes to certificate forms, and reflecting executive order directives.



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2006-057 EQ

Groundwater Quality Control Rules
(Natural Resources and Environment Water Bureau)

Withdrawn 1/16/2007. The Groundwater Quality Control Rules form the construction code for the installation of water wells and pumping equipment. The proposed rules would address recent technological advances within the water well drilling industry by updating materials, methods, and equipment standards; make water well drilling contractors responsible for collecting water samples before placing new, repaired, or replacement water supply systems into operation; adjust minimum separation distances between a well and contamination sources to eliminate conflict with other regulations; increase the rate of abandoned well plugging; improve the reporting of well locations on water well records; include a monetary civil penalty schedule as authorized by statute; establish criteria for supervision of water well drilling personnel by registered individuals; and update minimum standards for construction and abandonment of dewatering wells.



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2006-058 ED

State Aid Rules
(Education )

Prescribe the standards that Michigan's library cooperatives and public libraries must meet in order to qualify to receive annual state aid payments from HAL under the State Aid for Libraries Act, 1977 PA 89, MCL 397.551 et seq. In particular, the rules will prescribe operational, educational, and employee certification standards.



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2006-059 CH

Cleanup of Illegal Drug Manufacturing Sites
(Community Health Public Health Administration)

Withdrawn 9/30/2008 These rules will implement procedures to address sites of illegal drug manufacturing including notification by law enforcement, determination of a pubic health hazard, preliminary site assessment, remedial procedures, and post-cleanup certification.



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2006-060 TY

General Sales and Use Tax Rules
(Treasury Customer Service Bureau)

R 205.56: revise subsections addressing bakery products "for home consumption" and "for immediate consumption," to comply with current statutory language. R 205.72: revise to more clearly indicate that the rule addresses the processing of milk and dairy products after the "farm" stage. R 205.126: revise subsection addressing items not subject to sales tax when sold from vending machines and setting forth how sales tax is determined, to comport with current statutory language. R 205.127: revise to indicate that sales of bottled water are not taxable, as provided in statute. R 205.136: address taxation of sales of "prepared food" and provide guidance in determining when an eating utensil is "provided by the seller," as required to remain in compliance with the Streamlined Sales and Use Tax Agreement; revise subsection regarding vending machine sales, to comport with current statute providing that sales of prepared food are taxable.



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2006-061 LG

Private Security Guards and Security Alarm Agencies
(Energy, Labor & Economic Growth Bureau of Commercial Services)

The proposed rules update the department name, expand the list of prohibited words used in agency names, amend uniform requirements, provide an alternative reporting option in certain situations and prohibit a person qualifying for an individual license from holding more than one business license.



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2006-062 LG

Part 28. Personnel Hoisting in Steel Erection
(Energy, Labor & Economic Growth MIOSHA)

The proposed rule is a new standard that will provide the minimum necessary protection for Michigan workers riding the headache ball on steel erection operations when doing so is the only safe method to access a structure.



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2006-063 EQ

Storage and Handling of Gaseous and Liquefied Hydrogen Systems
(Natural Resources and Environment Waste and Hazardous Materials Division)

The proposed rules deal with the storage and handling of liquefied and compressed hydrogen gas and the dispensing of liquefied and compressed hydrogen gas.



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2006-064 EQ

Rescinded - Liquefied Petroleum Gas (LPG) Code
(Natural Resources and Environment Waste and Hazardous Materials Division)

The proposed rules deal with the storage and handling of LPG and the dispensing of LPG.



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2006-065 EQ

Hazardous Waste Management
(Natural Resources and Environment 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 Recovery Act, as amended by the Hazardous and Solid Waste Amendments of 1984; to improve the overall quality of the rules, both in terms of clarification of existing requirements and areas of program coverage; and to reduce some of the regulatory burdens on the regulated community by providing streamlined and flexible requirements.



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2006-066 LG

Administrative Appellate Procedure
(Energy, Labor & Economic Growth Worker's Compensation Appellate Commission)

Facsimile filing extended: This proposed amendment to Rule 418.2 would extend the time for filing by facsimile until 11:59pm on any regular business day.Attorney of record designation: This proposed amendment to Rule 418.2 would mandate that only the attorney whose name appears on the Claim for Review or on an Appearance of Counsel will be recognized as the Attorney of Record for purposes of filing documents with, or receiving correspondence from the Commission. An executed Substitution of Counsel will be treated as an Appearance of Counsel.Receipt of filings: This proposed amendment to Rules 418.4(1) and 418.6(4) would change the word "deemed" to "presumed", to ensure the parties an ability to argue extenuating circumstances.Show Cause Orders: This proposed amendment to Rule 418.6 would add the Commission's current practice of issuing "Show Cause" orders for late filing of transcripts or briefs, and allow the party to show good cause prior to dismissal.



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2006-067 LG

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

Some minor edits are needed to change the department name to "department of labor and economic growth" and to make grammatical corrections. Changes of substance include:§ Clarification of MCL 339.726, which allows issuance of a certificate to an individual certified in another state or United States jurisdiction. Proposed rules will address temporary licensure for out-of-state individuals.§ Clarification of MCL 339.729, which requires continuing education courses and implementation of a peer review program. Proposed rules will require continuing education courses in ethics and provide guidance on establishing the peer review program.



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2006-068 LG

Telecommunications License Transfer Procedures
(Energy, Labor & Economic Growth Public Service Commission)

The proposed rules will establish procedures for the transfer of the telecommunications license of a bankrupt provider to another qualified provider.



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2006-069 LG

Tax Rules of Practice and Procedure
(Energy, Labor & Economic Growth Michigan Tax Tribunal)

The current and proposed amended rules are similar to the Michigan Court Rules and govern practice and procedure in all appeals filed with and pending before the Tribunal.



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2006-070 LG

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

The proposed rules will provide clarification to address industry concerns regarding construction and maintenance of manufactured housing communities.



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2006-071 LG

Part 451. Respiratory Protection
(Energy, Labor & Economic Growth MIOSHA)

The Michigan Occupational Health Standards for Respiratory Protection protect Michigan workers by controlling occupational diseases caused by breathing air contaminated with harmful dusts, fog, fumes, mists, gases, smokes, spray, or vapors, with the primary objective being to prevent atmospheric contamination. The prevention of atmospheric contamination shall be accomplished, as far as feasible, by accepted engineering control measures. When effective engineering controls are not feasible, or while they are being instituted, appropriate respirators shall be used pursuant to these rules.



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2006-072 SR

Rescinded - Hearings
(State Office of Administrative Hearings and Rules )

The Mobile Home and Land Resource Division Hearing rules have been obsolete for many years since the repeal of the following three public acts: 1952 PA 157 1963 PA 229 1961 PA 135 The State Office of Administrative Hearings and Rules will rescind these obsolete rules under Section 44(1) of the Administrative Procedures Act (1969 PA 306).



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2006-073 EQ

Great Lakes Bottomland Preserve Grand Traverse Bay
(Natural Resources and Environment Land and Water Management Division)

The proposed rule would establish the Grand Traverse Bay Great Lakes Bottomland Preserve as a new Great Lakes bottomland preserve under Part 761, Aboriginal Records and Antiquities, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended. Part 761 provides guidelines for establishment of Great Lakes bottomlands preserves by rule, to protect, promote and preserve historical shipwrecks in the Great Lakes. The proposed rule would consist of the actual legal description of the preserve boundaries.



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2006-074 SP

Law Enforcement Standards and Training, Part 3 "Recruit Training"
(State Police Michigan Commission on Law Enforcement Standards (MCOLES))

Rules to regulate the training of law enforcement officer recruits.



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2006-075 ED

Postsecondary Dual Enrollment Criteria for Fifth-Year High School Pupils
(Education Superintendent of Public Instruction)

The proposed rules would establish criteria and procedures for dual enrollment for pupils enrolled in high school more than 4 years but not more than 5 years. The rules would address special circumstances under which a fifth year high school pupil would qualify for dual enrollment and may limit the number of courses for which a pupil may enroll.



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2006-075a ED/LG

Postsecondary Dual Enrollment Criteria for Fifth-Year High School Pupils
(Energy, Labor & Economic Growth Career Education)

This rule-set is being co-promulgated by DOE and DLEG. The proposed rules would establish criteria and procedures for dual enrollment for pupils enrolled in high school more than 4 years but not more than 5 years. The rules would address special circumstances under which a fifth year high school pupil would qualify for dual enrollment and may limit the number of courses for which a pupil may enroll.



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2006-076a TY

Public Offering of Debt or Equity for Michigan Casinos
(Treasury Michigan Gaming Control Board)

The rule set will be amended to create a procedure for declaratory ruling requests, make internal control standards of casinos clearly enforceable, update the rules on electronic gaming devices to comport with current technology, relieve supplier licensees of certain filing requirements regarding publicly traded corporations, allow for transfer, reduction, or elimination of progressive jack pots, and eliminate requirement for registration tags on gaming machines.



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2006-076b TY

Denial and Exclusion Hearings
(Treasury Michigan Gaming Control Board)

The rule set will be amended to create a procedure for declaratory ruling requests, make internal control standards of casinos clearly enforceable, update the rules on electronic gaming devices to comport with current technology, relieve supplier licensees of certain filing requirements regarding publicly traded corporations, allow for transfer, reduction, or elimination of progressive jack pots, and eliminate requirement for registration tags on gaming machines.



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2006-076c TY

Conduct of Gaming
(Treasury Michigan Gaming Control Board)

The rule set will be amended to create a procedure for declaratory ruling requests, make internal control standards of casinos clearly enforceable, update the rules on electronic gaming devices to comport with current technology, relieve supplier licensees of certain filing requirements regarding publicly traded corporations, allow for transfer, reduction, or elimination of progressive jack pots, and eliminate requirement for registration tags on gaming machines.



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2006-076d TY

Internal Control Procedures
(Treasury Michigan Gaming Control Board)

The rule set will be amended to create a procedure for declaratory ruling requests, make internal control standards of casinos clearly enforceable, update the rules on electronic gaming devices to comport with current technology, relieve supplier licensees of certain filing requirements regarding publicly traded corporations, allow for transfer, reduction, or elimination of progressive jack pots, and eliminate requirement for registration tags on gaming machines.



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2006-076e TY

Movement of Gaming Equipment
(Treasury Michigan Gaming Control Board)

The rule set will be amended to create a procedure for declaratory ruling requests, make internal control standards of casinos clearly enforceable, update the rules on electronic gaming devices to comport with current technology, relieve supplier licensees of certain filing requirements regarding publicly traded corporations, allow for transfer, reduction, or elimination of progressive jack pots, and eliminate requirement for registration tags on gaming machines.



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2006-077 TY

Federal Family Education Loan Program (FFELP)
(Treasury Student Financial Services Bureau)

Throughout the Rules: Update "guarantee agency" to "guaranty agency." Delete the word "direct" when referring to the loan programs.Header: Change department designation from "education" to "treasury." Change program title from "State Direct Loan Program" to "Federal Family Education Loan Program (FFELP).



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2006-078 AC

Regulation No. 637. Pesticide Use
(Agriculture Pesticide and Plant Pesticide Management Division)

Amend rules governing the use of pesticides due to passage of HB 5154 (Act 24, P.A. of 2004) relative to integrated pest management in schools and public buildings which created conflicts between the enabling legislation (Act 451, Part 83, as amended) and Regulation 637, Rule (14) & (15). The process is intended to address these conflicts. In addition, the process will address issues such as confusing verbiage, regulatory requirement details and clarification for enforceability. The amendment process will use the authority established under Section 8325(1) and (2) of 1994 PA 451, Part 83, as amended.



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2006-079 LG

Michigan Boiler Law and Rules
(Energy, Labor & Economic Growth Bureau of Construction Codes)

The proposed rules are proposed to update the examination, licensing, renewal, permit, certificate and inspection fees to support the boiler program.



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2006-080 CH

Rights of Recipients
(Community Health Mental Health and Substance Abuse Administration)

They proposed rules will expand upon or clarify existing rules.



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2006-081 LG

Part 58. Vehicle Mounted Elevating and Rotating Work Platforms
(Energy, Labor & Economic Growth MIOSHA)

The proposed rule is: 1.Making General Industry Safety Standard Part 58 'Vehicle Mounted Elevating and Rotating Work Platforms' requirements match Construction Safety Standard Part 32 'Aerial Work Platforms, specifically regarding fall protection, permits, training and ANSI Standards. 2.Making sure Part GI-58 is 'as effective as' OSHA. 3.Clarifying regulations regarding operating an aerial lift in traffic. 4.Clarifying regulations regarding fall protection. 5.Updating and clarifying language.



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2006-082 LG

Part 32. Aerial Work Platforms
(Energy, Labor & Economic Growth MIOSHA)

The proposed rule is: 1.Making Construction Safety Standard Part 32 'Aerial Work Platforms requirements match General Industry Safety Standard Part 58 'Vehicle Mounted Elevating and Rotating Work Platforms' specifically regarding fall protection, permits, training and ANSI Standards. 2.Making sure Part CS-32 is 'as effective as' OSHA. 3.Clarifying regulation regarding operating an aerial lift in traffic. 4.Clarifying regulation regarding fall protection. 5.Updating and clarifying language.



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2006-083 LG

Construction Code - Part 4. Building Code.
(Energy, Labor & Economic Growth Bureau of Construction Codes)

Withdrawn 8/26/2009 The proposed rule will amend the Michigan Residential Code to require residential sprinkling in new one and two family dwellings and townhouses.



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