SOAHR Rules


Michigan.gov Home		SOAHR Home \| Site Map \| Contact SOAHR

Rule Revisions for 2009

| | |

2009-004 LG

Cemetery Commissioner General Rules
(Energy, Labor & Economic Growth, Bureau of Commercial Services)

These rules will update existing rules; establish rules for compliance with record keeping, auditing, and control of trust funds and annual reports; and update rules for the sale or transfer of a cemetery.

| | |

2009-007 LG

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

The proposed rules will adopt the 2009 edition of the International Plumbing Code with amendments, deletions and additions deemed necessary for use in Michigan.

| | |

2009-008 LG

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

The proposed rules will adopt the 2009 edition of the International Mechanical Code with amendments, deletions and additions deemed necessary for use in Michigan.

| | |

2009-009 LG

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

The proposed rules will adopt the 2009 edition of the International Building and Residential Codes with amendments, deletions and additions deemed necessary for use in Michigan.

| | |

2009-010 LG

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

The proposed rules will adopt the 2009 edition of the International Existing Building Code with amendments, deletions and additions deemed necessary for use in Michigan.

| | |

2009-012 LG

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

The proposed rule amendment 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. Additional language would also impose a limit of $50 per day on the amount that can be spent on the purchase of beer for customers in an on-premises establishment and would also limit the promotional purchase of beer for customers to two (2) such promotions per month in a single licensed establishment.

| | |

2009-013 LG

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

The proposed amendment to the subject rule would confer authority to the Liquor Control Commission to extend the prescribed period that a liquor license may be held in escrow (inactive status) beyond the five (5) year period currently allowed. This escrow extension would have to be requested by the licensee who must demonstrate good cause for the extension.

| | |

2009-014 LG

Off-Premises Licenses
(Energy, Labor & Economic Growth, Liquor Control Commission)

The proposed rule would establish criteria for approval by the Liquor Control Commission of alcohol server training programs administered by private companies and trade associations which are designed to instruct employees of establishments licensed for the sale of alcoholic liquor for consumption off the licensed premises.

| | |

2009-016 TY

Michigan Business Tax General Rules
(Treasury, Bureau of Tax & Economic Policy)

The proposed rules provide interpretation of and guidance on the application of the Michigan Business Tax Act (MBTA). The proposed rules contain clarification of terms and explanation of elements of the MBTA that are new to a business tax in Michigan.

| | |

2009-017 LG

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

The proposed rules establish criteria for administering the new requirements for prelicensure, continuing competency, and inactive status for licensees and applicants.

| | |

2009-019 NE

Solid Waste Management
(Natural Resources and Environment, Waste and Hazardous Materials Division)

The rule will be amended to phase out the exemption that allows households to burn solid waste (refuse, rubbish, and trash). A subsection of the rule will be deleted with the effect of prohibiting the burning of household waste. The changes to Part 115 will not amend the exemptions [R 299.4128(6) and (7)] that allow the burning of grass clippings or leaves under certain circumstances. There will be no change to a local government's ability to authorize the burning of grass clippings or leaves. The rule will be amended in concert with amendments to the administrative rules promulgated pursuant to Part 55, Air Pollution Control, of Act 451.

| | |

2009-020 NE

Part 3, Emission Limitations and Prohibitions-Particulate Matter
(Natural Resources and Environment, Air Quality Division)

Modify Rule 310 to prohibit the open burning of waste disposal material from and at 1 or 2-family dwellings. The AQD does not plan to change the exemption that allows the burning of trees, logs, brush, and stumps in specified area's that is done in accordance with local ordinances. The Rule will be amended in conjunction with amendments to R 299.4128 promulgated pursuant to Part 115, Solid Waste Management, of Act 451.

| | |

2009-021 NE

State Aid for Recreational and Snowmobile Trails
(Natural Resources and Environment, Forest, Mineral & Fire Management)

New rules will be added to the existing rule set to provide administrative guidance by which the permanent snowmobile trail easement subaccount, created in MCL 324.82110a, may be administered.

| | |

2009-022 LG

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

The proposed rules will establish educational requirements for the acceptance of the computer forensic industry certificated study program to qualify for licensure as a professional investigator pursuant to MCL 338.826(1)(f)(iv). Further, the proposed rules will clarify how the department will verify the background check of all licensees at the time of renewal to meet the qualifications of MCL 338.826(1)(d).

| | |

2009-025 LG

Rescinding - Uniform System of Accounts for Major and Nonmajor Electric Utilities
(Energy, Labor & Economic Growth, Public Service Commission)

Rescind the rules for Uniform System of Accounts for Major and Nonmajor Electric Utilities that were modeled after the 1986 Federal Energy Regulatory Commission's (FERC) rules of accounting.

| | |

2009-026 LG

Uniform system of accounts for major and nonmajor electric utilities
(Energy, Labor & Economic Growth, Public Service Commission)

This new rule adopts by reference the 2009 version of the Federal Energy Regulatory Commission's (FERC) rules of accounting for major and nonmajor electric utilities. This rule replaces state accounting rules adopted in R 460.9001, which were modeled after the 1986 edition of the FERC accounting rules. The 1986 state accounting rules will be rescinded at the same time in a separate request for rulemaking.

| | |

2009-027 LG

Part 2. Masonry Wall Bracing
(Energy, Labor & Economic Growth, MIOSHA)

These rules will ensure a safe work environment for personnel on construction sites through the use of training, "restricted zone" requirements, wind speed monitoring, and proper bracing of masonry walls exposed to wind during construction.

| | |

2009-028 NE

Shooting Ranges on State-Owned Lands
(Natural Resources and Environment, Parks and Recreation)

Proposed amendment to the existing rules governing shooting ranges on state-owned lands.

| | |

2009-029 LG

Board of Real Estate Appraisers - General Rules
(Energy, Labor & Economic Growth, Bureau of Commercial Services)

These rules will update existing rules, establish rules for compliance with the Appraisal Qualifications Board's (AQB) requirements, update instructor requirements for Uniform Standards of Professional Practice (USPAP) education, and update rules regarding course credit for instructors earning continuing education. R 339.23305, Rule 305 will be rescinded, as assessor qualifications do not meet AQB requirements. R 339.23327, Rule 327 will also be rescinded, as continuing education is required if a license is issued for 185 days or more in a license renewal cycle.

| | |

2009-030 TY

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

The amendments will clarify the rules pertaining to the School Bond Qualification and Loan Program including refunding of outstanding school bond loans; the mandatory final loan repayment date; and other revisions.

| | |

2009-031 LG

Independent Medical Examination Standards
(Energy, Labor & Economic Growth, Office of Financial and Insurance Regulation)

This rule set requires any clause or provision in an insurance policy form subject to MCL 500.2236 or MCL 500.3151 that authorizes an independent medical examination to include minimum standards for physicians and health professionals conducting such examinations. It also prohibits any clause or provision in an insurance policy to assess examination related costs and expenses to the person to be examined.

| | |

2009-032 LG

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

The proposed rules will update an existing rule pertaining to definitions in R 339.16001, to help support the amended language. Further, the rules will establish criteria to implement and administer continuing professional competence for licensees at time of renewal pursuant to MCL 339.2009, 1980 PA 299.

| | |

2009-033 LG

Uniform System of Accounts for Major and Nonmajor Gas Utilities
(Energy, Labor & Economic Growth, Public Service Commission)

Rescind the rule for Uniform System of Accounts for Major and Nonmajor Gas Utilities that was modeled after the 1986 Federal Energy Regulatory Commission's (FERC) rules of accounting.

| | |

2009-034 LG

Uniform System of Accounts for Major and Nonmajor Gas Utilities
(Energy, Labor & Economic Growth, Public Service Commission)

This rule set adopts by reference the 2009 version of the Federal Energy Regulatory Commission's (FERC) rules of accounting for major and nonmajor gas utilities. This rule replaces the rescinded state accounting rules that were modeled after the 1986 Federal Energy Regulatory Commission's (FERC) rules of accounting. Compared to the previous state accounting rules, FERC accounting rules are more up-to-date and include numerous improvements.

| | |

2009-036 LG

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

This rule sets forth guidelines for the introduction of, and objection to, records at the time of trial in a contested workers' compensation claim. It presently requires, amongst other things, that a party to a contested workers' compensation claim who intends to submit records at the time of hearing provide a Notice of Intent to submit records to all parties with a copy to the Board of Magistrates. We are proposing to eliminate the requirement that the copy of the Notice of Intent and any corresponding objection be provided to the Board of Magistrates. The rule will now require that the Notice of Intent and any objection be transmitted only between the litigants and will require that the parties produce and retain a Proof of Service.

| | |

2009-037 LG

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

These rules adopt the 2006 Uniform Fire Code with Michigan-specific amendments. These amendments will bring Michigan Fire Safety Inspections into closer conformity with national and other local standards, as these rules have not been amended since 1999.

| | |

2009-038 LG

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

The proposed rules will update existing rules pertaining to degree and professional experience requirements; standards of practice and professional conduct; and clarification to the role of "supervision" in R 339.17404. Further, the rules will establish criteria to implement and administer continuing professional competence for licensees at time of renewal pursuant to MCL 339.2009, 1980 PA 299. Additional terms with definitions will be incorporated in R 339.17101, to help support the amended language to the rules.

| | |

2009-039 CH

Board of Chiropractic - General Rules
(Community Health, Bureau of Health Professions)

The proposed rules will do all of the following: "Clarify the requirements for licensure by examination and licensure by endorsement. "Update accreditation standards for chiropractic educational programs. "Provide a definition for "distance learning" continuing education programs. "Increase the number of continuing education hours required for relicensure. "Require that chiropractic schools submit information to the Department regarding the continuing education programs being offered by the school. Also, the proposed rules require that schools submit the information at the start of the academic year and before holding the program. "Specify the information a licensee is required to include in an initial patient record entry and subsequent patient record entries.

| | |

2009-040 CH

Computed Tomography
(Community Health, Bureau of Health Systems)

The Ionizing Radiation Rules (R325.5001 to R325.5665) provide for the control and regulations of x-ray and other ionizing radiation machines. This new rule set will add appropriate regulations governing the use of computed tomography (CT) machines. Regulations covering personnel, equipment, quality control, facility design, and radiation surveys are planned.

| | |

2009-041 ED

Career And Technical Education Reimbursed Programs
(Education, Superintendent of Public Instruction)

These rules relate to "reimbursed programs of vocational-technical education" under Section 61a (Added Cost funding).

| | |

2009-042 CH

Board of Dentistry - General Rules
(Community Health, Bureau of Health Professions)

| | |

2009-043 ED

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

The proposed would remove or revise outdated terminology to align with the Revised School Code and the Individuals with Disabilities Education Act (IDEA), clarify language added to the initial evaluation process, fix an incorrect rule reference, rescind a rule no longer needed, and clarify other confusing language.

| | |

2009-046 LG

Rules of Practice and Procedure
(Energy, Labor & Economic Growth, Public Service Commission)

Section 6a(2) of Act 286, MCL 460.6a(2) requires the Commission to draft rules and to establish procedures for the filing, investigation, and hearing of petitions or applications to increase or decrease electric and gas utility rates and charges so that the Commission may make a final decision regarding the petitions or applications within 12 months of filing the completed petitions or applications.

| | |

2009-047 LG

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

These rules will enable the Bureau of Fire Services to implement amendments to the Fire Safety Standard and Firefighter Protection Act, as amended by 2009 PA 56.

| | |

2009-048 SP

DNA Profiling System
(State Police, Forensic Science Division)

This rule set will govern the administration of the DNA profiling system, including: "The collection, testing, retention, and disposal of biological specimens submitted for DNA testing "The eligibility of individuals to submit samples "The computerized system used to catalog and compare DNA profiles "Protecting the privacy of individuals required to submit samples, including disclosure of information

| | |

2009-049 SR

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

R 340.1883(3) contains an incorrect rule reference. The current subrule references R 340.1881, a rule that was rescinded in 2005. Hence, this subrule must be amended to reflect the correct reference (R 340.1724f).

| | |

2009-050 NE

Part 9. Emission Limitation and Prohibitions--Miscellaneous
(Natural Resources and Environment, Air Quality Division)

Current Rule 931 will be revised to remove the adoption by reference to the emission guidelines found in 40 C.F.R. Part 60, subpart Cc and replace it with a stand-alone state rule based upon the federal rule. The revised rule will contain landfill gas emission standards for existing municipal solid waste (MSW) landfills, requiring landfills over 2.5 million cubic meters (or 2.5 million megagrams) having a non-methane organic compound (NMOC) emission rate of more than 50 megagrams per year to install a collection and control system to reduce the NMOC emissions by 98 percent by weight or reduce the outlet NMOC concentration to less that 20 parts per million. Current Rule 932 will be rescinded as it adopts by reference a previous version of the emission guidelines for existing MSW combustors found in 40 C.F.R. Part 60, subpart Cb. The AQD believes that the current federal rule for MSW combustors adequately regulates the two affected facilities in Michigan. New proposed Rule 948 will adopt by reference the U.S. Environmental Protection Agency's (EPA's) rule, 40 C.F.R Part 63, subpart YYYYY, promulgated December 28, 2007, which requires a pollution prevention plan to restrict the amount of chlorinated plastics, lead, and free organic liquids charged to an electric arc furnace and restricts charging the furnace with certain metallic scrap such as engine blocks and transformers. It also requires the removal of mercury switches from motor vehicle scrap before it is used. New proposed Rule 949 adopts by reference EPA's rule, 40 C.F.R Part 63, subpart ZZZZZ, promulgated January 2, 2008, which contains management practices for iron and steel foundries and specifies requirements for scrap not to contain certain items and materials such as oil filters and chlorinated plastics. It also requires the removal of mercury switches from motor vehicle scrap before it is used.

| | |

2009-052 AC

Regulation 635 Commercial Feed
(Agriculture, Pesticide and Plant Pesticide Management Division)

The proposed amendment would increase the feed tonnage inspection fee from $0.13 per ton to $0.35 per ton.

| | |

2009-053 CH

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

Public Act 55 of 2009, which took effect on June 25, 2009, amended part 178 of article 15 (Physical Therapy) of the Public Health Code to require licensure in order to practice as a physical therapist assistant. The proposed rules will implement the requirements of Public Act 55.

| | |

2009-054 CH

Reporting of Traumatic Injuries
(Community Health, Public Health Administration)

The rule would establish requirements for reporting of traumatic injuries. It would authorize the state Department of Community Health and local health departments to obtain identifiable health information from licensed health professionals and health agencies, including hospitals and other facilities licensed to provide health services, about patients with traumatic injuries. It would authorize the Department and local health departments to require health professionals and health facilities to report each patient who had sustained a particular type of injury when, and only when, requested.

| | |

2009-055 NE

Part 18, Prevention of Significant Deterioration of Air Quality
(Natural Resources and Environment, Air Quality Division)

Modify existing language in Air Pollution Control Rule R 336.2816 to be consistent with the federal requirements for the Prevention of Significant Deterioration of Air Quality, Title 40 of the Code of Federal Regulations, Section 51.166(p).

| | |

2009-056 SR

Part 19, New Source Review For Major Sources Impacting Nonattainment Areas
(State Office of Administrative Hearings and Rules, )

Rescinds R 336.2910, which addresses administrative hearings for issues pertaining to prevention of significant deterioration or new source review.

| | |

2009-057 SP

Tests for Breath Alcohol
(State Police, Traffic Safety Division)

This rule set provides the definitions, equipment standards, testing standards, and training standards for the use of alcohol breath test instruments in Michigan.

| | |

2009-058 CH

Board of Nursing Home Administrators - General Rules
(Community Health, Bureau of Health Professions)

| | |

2009-059 LG

Credit for reinsurance
(Energy, Labor & Economic Growth, Office of Financial and Insurance Regulation)

This rule amends the requirements for letters of credit used to reduce liability for reinsurance. The rule requires letters of credit subject to and governed by the UCP (Uniform Customs and Practice for Documentary Credits) to refer to publication 600 instead of the previous UCP 500 publication.

| | |

2009-060 NE

Associated Equipment on Vessels
(Natural Resources and Environment, Law Enforcement)

(1) To update the Act in both the authority and in R 281.1231 Definitions, (2) remove the requirement of a fog bell on vessels over 26 feet and less than 65 feet, and (3) other minor grammatical edits provided for clarity.

| | |

2009-061 LG

Part 17. Refuse Packer Units
(Energy, Labor & Economic Growth, MIOSHA)

The proposed rules do the following: 1. Instead of always requiring a standard barrier across the face of the hopper opening on a stationary refuse packer unit, the rules will now allow an interlocked gate that disables the unit upon following 11 specific requirements. 2. Update and clarify language.

| | |

2009-062 CH

Board of Occupational Therapists - General Rules
(Community Health, Bureau of Health Professions)

Public Act 523 of 2008, which took effect on January 13, 2009, amended part 183 of article 15 (Occupational Therapists) of the Public Health Code to provide for the licensure, rather than the registration, of occupational therapists and occupational therapy assistants. The Act also requires that occupational therapists and occupational therapy assistants complete continuing education or continuing competence requirements as a condition for license renewal.

| | |

2009-063 LG

Part 10. Lifting and Digging Equipment
(Energy, Labor & Economic Growth, MIOSHA)

These rules will ensure a safe work environment for personnel working with or around cranes on construction sites through the use of crane operator qualification and certification requirements.

| | |

2009-064 LG

Part 1. General Rules
(Energy, Labor & Economic Growth, MIOSHA)

These rules will ensure safe and sanitary work places for employees performing construction operations.

| | |

2009-065 LG

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

The proposed rules will update existing rules; update the rules reference for acceptable first professional degrees in architecture; update the rules reference for licensure by reciprocity to include specific council records as satisfactory poof of completion of professional experience; and update the rules reference of the Intern Development Program (IDP) guidelines of an acceptable internship program to be consistent with the current national standards. In addition, the rules will establish criteria to implement and administer continuing professional competence for licensees at time of renewal required under MCL 339.2009, 1980 PA 299.

| | |

2009-066 TY

Charitable Gaming
(Treasury, Bureau of State Lottery)

The rule set will be amended to allow certain workers at charitable gaming events to be employees of the location or supplier, define / clarify management responsibilities, and allow suppliers to advertise charitable gaming events.

| | |

2009-067 LG

Telecommunications Arbitration and Mediation Procedures
(Energy, Labor & Economic Growth, Public Service Commission)

Section 252 of the federal Telecommunications Act of 1996 permits any party negotiating an interconnection agreement under this section, at any point in the negotiation, to request that the Michigan Public Service Commission participate in the negotiation and mediate any differences between the parties. In addition, a carrier or any other party to the negotiation may petition the Michigan Public Service Commission to arbitrate any open issues in the negotiation between the 135th and 160th day. Section 203 of the Michigan Telecommunications Act and Section 6 of Metropolitan Extension Telecommunications Rights-of-Way Oversight Act entrust the Michigan Public Service Commission with the implementation of mediation requirements, including the appointment of mediators. These rules will establish procedures for the Michigan Public Service Commission in the arbitration and mediation of interconnection agreements and complaints that are subject to the Commission's jurisdiction.

| | |

2009-068 ST

Use of Optical Scan Tabulators by Absentee Voters
(State, Bureau of Elections)

The proposed rule set provides guidance to city and township clerks who wish to establish a program that allows an absent voter who personally appears at the clerk's office to use an optical scan tabulator to cast his or her ballot before Election Day.