SOAHR Rules


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Archived Rule Revisions for 2008

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2008-001 LG

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

These rules will adopt the 2007 edition of the American Society of Mechanical Engineers (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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2008-002 LG

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2008-003 CH

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

R 338.7001 and R 338.7002 on the biennial and triennial renewal of licenses or registrations will be updated to add health professions that require practitioners to be licensed or registered as the result of recently enacted statutory requirements in the Public Health Code. These rules also will be revised to delete the years specified for renewal, which no longer are applicable because licenses and registrations now are renewed on biennial and triennial renewal cycles.A new rule is being proposed to incorporate by reference the revisions to Section 1877 of the Federal Social Security Act (42 U.S.C. 1395nn), commonly referred to as the "Stark Law".

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2008-004 HS

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

Modification of a small subset of the administrative rules for family and group child care homes.

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2008-006 CH

Declaratory Rulings
(Community Health Health Policy, Regulation and Professions Administration)

The proposed rule will amend the department's current administrative rules for the declaratory ruling process. A Declaratory Ruling means a decision, ruling or determination concerning the applicability to an actual statement or facts of a statute administered by the department or of a rule or order of the department. Requests for declaratory rulings must be submitted in writing to the director.

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2008-007 LG

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

The proposed rules will establish qualification criteria for mixed martial arts (MMA) fighters and officials, health and safety requirements for MMA fighters and officials, licensing fees, compensation, and administrative processes. By adding this new occupation into the boxing rules that were established under the Boxing Regulatory Act, changes will be reflected in both occupations as they are now incorporated into the Unarmed Combat Regulatory Act.

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2008-008 EQ

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

Proposed new rules are being developed to provide test requirements for mercury emissions from electric generating units (EGUs).

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2008-009 EQ

Part 11. Continuous Emission Monitoring.
(Environmental Quality Air Quality Division)

Proposed new rules are being developed to provide monitoring requirements for mercury emissions from electric generating units (EGUs).

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2008-010 CH

Board of Physical Therapy - General Rules
(Community Health Bureau of Health Professions)

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2008-011 AC

Regulation 811. Premium Allocation To Fairs And Expositions
(Agriculture Fairs, Exhibitions, and Racing Division)

This rule defines the areas that are eligible for fairs to offer classes and receive funding from the department. It defines the paperwork that the fairs are required to maintain and the filing requirements for fairs.

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2008-012 LG

Part 29. Communication Towers
(Energy, Labor & Economic Growth MIOSHA)

These new rules will provide protection for Michigan communication tower workers while constructing, altering, repairing, operating, inspecting, maintaining, and demolishing communication towers at heights over six feet. Currently, there are no specific safety standards which cover these workers, and these rules will address fall protection, emergency response, training, and personnel lifting.

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2008-013 LG

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

The certification rules adopt the 2006 edition of the Life Safety Code (NFPA 101) upon which the current health care fire safety rules are based. The updating of the existing rules, which adopt the 1997 edition, will minimize unnecessary amendments to the code.

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2008-014 LG

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

The proposed rules do the following: 1) Establish qualification criteria for instructors of prelicensure and continuing competency courses and 2) Require applicants for licensure to satisfy all licensing requirements (except for examination) prior to taking the examination.

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2008-020 TY

Lottery Rules
(Treasury Bureau of State Lottery)

This amendment will remove the subrules restricting claims and payments to a single claimant. In addition, the amendment will remove the subrules restricting the payment of pulltab winnings to the retailer location where the ticket was purchased. Additional changes include technical revisions.

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2008-021 LG

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

Adopts adjustments to existing rules that are required by federal law.

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2008-022 ED

Special Education Programs and Services
(Education Superintendent of Public Instruction)

State complaint rules; alignment of IDEA terminology in the evaluation rule; addressing extended school year in the individualized education program (IEP) rule.

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2008-023 EQ

Water Resources Protection -- Part 13. Floodplains and Floodways
(Environmental Quality Land and Water Management Division)

Rescind rule 323.1314 under the exceptions process in Section 44(1) of Act 306

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2008-024 CH

Part 7. Rights of Recipients
(Community Health Mental Health and Substance Abuse Administration)

The proposed rules will expand upon and clarify current definitions (R 7001), will delete reference to plans of service involving aversive behavior management techniques(R 7199) and will clarify the use of physical management (R 7243).

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2008-026 NR

Wilderness and Natural Areas
(Natural Resources Wildlife)

Legal description of Carney Fen Natural Area, as required by Public Act 451 of 1994, Part 351.

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2008-029 EQ

Part 18, Prevention of Significant Deterioration of Air Quality
(Environmental Quality Air Quality Division)

Withdrawn 5/26/2009 Modify existing definitions in Air Pollution Control Rules R 336.2801 which contain the definitions for the Prevention of Significant Deterioration in the Part 18 Rules. The definition changes are based upon Title 40, Code of Federal Regulations, Part 51.166. Also, update R 336.2801a which contains federal regulations that have been adopted by reference. Several of these federal regulations have been recently updated; therefore, the references need to be updated.

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2008-030 EQ

Part 1. General Provisions
(Environmental Quality Air Quality Division)

Wihtdrawn 5/26/2009 Modify existing definitions in the Air Pollution Control Rule R 336.1116 which contains the general definitions for all the Air Pollution Control Rules. The definition changes are based upon Title 40, Code of Federal Regulations, Part 51.166.

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2008-031 SP

Law Enforcement Standards and Training
(State Police Michigan Commission on Law Enforcement Standards (MCOLES))

Withdrawn 6/22/09 Revision of existing standards for Selection , employment and training of law enforcement officers

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2008-035 SP

Criminal Justice Information Systems
(State Police Criminal Justice Information Center)

Public Acts 308 - 311 of 2005, which became effective February 1, 2006, and Executive Order 2008-17, which became effective September 21, 2008, require the department to change current rules to accomplish the following: " Change rules governing the release of criminal history information " Establish rules concerning the department'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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2008-036 AC

Racing Commissioner - General Rules
(Agriculture Racing Commissioner)

"R 431.3055 Clerk of scales; duties; jockey weights. This rule sets the limits of overweight jockeys are allowed to carry. The change would allow for seven (7) pounds of overweight over the five (5) allowable at present. "R 431.3075 Workout clockers. The rule allows for two people to time morning workouts of the horses to determine if they qualify to race. The rule should be amended to only needing one clocker employed by the Office of Racing Commissioner. "R 431.1245 Declaratory order or ruling. This rule is antiquated and needs revision. "R431.3295(4) Disqualification. This rule contains a misquote. "...except as provided for in R431.1335" needs to reflect "...except as provided for in R431.1330".

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2008-037 ED

Rescinded - State Aid to Improve Basic Cognitive Skills
(Education Superintendent of Public Instruction)

Rescind rules governing State Aid to Improve Basic Cognitive Skills made obsolete by the repeal of MCL 388.1107 by 1977 PA 90 using the process under Section 44(1) of 1969 PA 306, MCL 24.441(1). The rules parallel former Title I legislation and currently do not align. Most of the content found under the rules is provided in section 31a of 1979 PA 94, MCL 388.1631a. The rules are obsolete and unnecessary.

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2008-038 ED

Rescinded - Transcription of Educational Materials Into Braille
(Education Superintendent of Public Instruction)

Rescind R 388.261, R 388.262, R 388.263, R 388.264 and R 388.265. The Department would like to rescind this rule using the process under Section 44(1) of 1969 PA 306, MCL 24.441(1).

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2008-039 ED

Rescinded - Distribution of Funds for Adult Education
(Education Superintendent of Public Instruction)

Rescind R 340.311. The Department would like to rescind this rule using the process under Section 44(1) of 1969 PA 306, MCL 24.441(1).

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2008-040 SR

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

Rescind R 390.621. This rule can be rescinded using the process under Section 44(1) of 1969 PA 306, MCL 24.441(1).

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2008-045 LG

Michigan State Housing Development Authority - General Rules
(Energy, Labor & Economic Growth Michigan State Housing Development Authority)

The rules will implement the provisions of the Authority act regarding the Michigan Housing and Community Development Program. The rules are being amended to conform to changes in the Program enacted by the legislature in Public Acts 216 and 244 of 2008. The changes expand and alter program requirements to allow for the funding of the following activities under the Program: 1) community development in downtowns and adjacent neighborhoods; 2) blight elimination programs/activities; 3) foreclosure prevention and assistance activities; 4) support for the Individual Development Account (IDA) program; 5) activities addressing homelessness; 6) predatory lending prevention and relief; and 7) Supportive Housing activities. Other changes involve program administration, relate to the creation of the HCDF Advisory Committee, and involve other technical adjustments to the conduct of the program.

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2008-046 SR

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

New hearing rules will be added to comply with the Administrative Procedures Act [1969 PA 306]. The rules will also reflect the present practices of the State Office of Administrative Hearings and Rules [SOAHR]

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2008-047 SR

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

The rulemaking authority for the State Police Retirement Board had originally been granted to the State Police Retirement Board under 1986 PA 182 of the State Police Retirement Act [MCL 38.1607]. However, MCL 445.2021 [ERO 2005-1] reorganized the administrative hearing functions into a central administrative hearings office [SOAHR]. Hence, SOAHR now has the authority to promulgate procedural rules for administrative hearings. This rule set will establish general hearing rules for the State Police Retirement Board.

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2008-048 SR

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

The rulemaking authority for the Public School Retirement Board had originally been granted to the Public School Retirement Board under 1980 PA 300 of the Public School Employees Retirement Act [MCL 38.1325]. However, MCL 445.2021 [ERO 2005-1] reorganized the administrative hearing functions into a central administrative hearings office [SOAHR]. Hence, SOAHR now has the authority to promulgate procedural rules for administrative hearings. This rule set will establish general hearing rules for the Public School Retirement Board.

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2008-051 CH

Medical Marihuana
(Community Health Bureau of Health Professions)

The rules will do all of the following: " Establish requirements for the Department of Community Health to issue registry identification cards to qualifying patients and their primary caregivers for the cultivation, possession, and medical use of marihuana. " Establish a sliding scale fee for the issuance or renewal of a registry identification card. " Establish a process for the approval or denial of a registry identification card. " Identify the responsibilities of a qualifying patient's primary caregiver. " Establish a process for notifying the Department of Community Health of changes in a qualifying patient's condition. " Establish a process for returning a registry identification card to the Department of Community Health if a patient is no longer eligible for medical marihuana use. " Establish a process for the suspension or revocation of a registry identification card. " Establish a process for adding other diseases or medical conditions to the list of qualifying debilitating medical conditions.

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2008-053 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. Rule 418.101002a will update the practitioner fees by using 2008 published relative value data and a conversion factor of $50.70. Rule 418.10109 will also clarify the primary procedure code, and Rule 418.10117 will clarify how the 3% penalty is to be paid. Rule 418.10212 will correct the wording of certified to registered, changes the payment of hot and cold packs to be in alignment with Medicare, and deletes the wording "Phonophoresis shall include electrodes." Rule 418.10213 rescinds the rule's splint wording. Rules 418.10214, 418.10905, 418.101504, 418.101003 clarify, update, and indicate how L-codes are paid and separate the L-code from the rule. Rule 418.101006 deletes code, while 418.101016 corrects the wording about how carriers are to negotiate out-state provider's bills or pay their state's fees, rather than to do both