AGENCY REPORT TO THE JOINT COMMITTEE ON ADMINISTRATIVE RULES (JCAR)

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1 State Budget Office Office of Regulatory Reinvention 111 S. Capitol Avenue; 8th Floor, Romney Building Lansing, MI Phone: (517) FAX: (517) AGENCY REPORT TO THE JOINT COMMITTEE ON ADMINISTRATIVE RULES (JCAR) Under the Administrative Procedures Act (APA), 1969 PA 306, the agency that has the statutory authority to promulgate the rules must complete and submit this form electronically to the Office of Regulatory Reinvention (ORR) at 1. Agency Information: Agency name: Licensing and Regulatory Affairs Division/Bureau/Office: Bureau of Professional Licensing Name, title, phone number, and of person completing this form: Name of Departmental Regulatory Affairs Officer reviewing this form: Dena Marks, Board Analyst Liz Arasim, Department of Licensing and Regulatory Affairs 2. Rule Set Information: ORR assigned rule set number: LR Title of proposed rule set: Residential Builders and Maintenance and Alteration Contractors 3. Purpose for the proposed rules and background: The existing rules regulate residential builders and residential maintenance and alteration contractors. The current rules are being revised to fix a clerical error, rescind a moot rule, clarify the department s role in instructor qualification review and continuing competency requirements, provide a definition for green building, and update the rules for consistency with the Occupational Code. 4. Summary of proposed rules: R : This rule pertains to filing complaints. It will be amended to correct a clerical error by adding a space between the words the and justification. A portion of the rule will be removed because it is unreasonable to require a licensee to correct the complaint when the homeowner may deny the licensee access to correct the complaint. It may be impossible for the licensee to comply with this rule as currently written. R : This rule pertains to the preservation of contract rights if the contract contains an alternative dispute resolution provision. This rule will be rescinded because the statute, MCL (2), currently provides for this right. There is no reason to repeat this provision in the rules; therefore, this rule can be rescinded. R : This rule pertains to instructor qualifications. The rule requires an instructor of a prelicensure course to possess certain qualifications. The rule is being amended to clarify that an individual must also apply to the department to be approved as an instructor. Revised: February 12, 2018 MCL and

2 Agency Report to JCAR Page 2 R : This rule pertains to required continuing competency hours. The proposed rule will organize the content, clarify what proof is required to show compliance for each type of continuing competency activity, and add the number of hours earned for each continuing competency activity. The new rule will assist a licensee with understanding the requirements to accumulate the continuing competency hours required for renewal. R : This is a new rule that pertains to waiver of the required continuing competency hours. The rule will advise the licensee that he or she may petition for waiver of the required continuing competency hours. It would require the licensee to apply to the Board if the licensee has failed to accumulate the required continuing competency hours due to his or her disability, military service, or absence from the continental United States, or due to circumstances beyond the licensee s control that the Board considers sufficient cause to waive the requirement, pursuant to MCL (2). This rule is intended to advise a licensee of his or her right to request a waiver and to inform him or her that it must be filed with the department before the license expires. 5. List names of newspapers in which the notice of public hearing was published and publication dates (attach copies of affidavits from each newspaper as proof of publication). The Mining Journal, May 17, 2018; The Flint Journal, May 18, 2018; The Grand Rapids Press, May 18, Date of publication of rules and notice of public hearing in Michigan Register: Issue no (Published June 1, 2018) 7. Time, date, location, and duration of public hearing: June 6, 2018, 9:00 a.m., G. Mennen Williams Building Auditorium, 525 W. Ottawa Bldg., Lansing, MI. 8. Provide the link the agency used to post the regulatory impact statement and cost-benefit analysis on its website: 9. List of the name and title of agency representative(s) attending public hearing: Weston MacIntosh, Analyst Dena Marks, Analyst Kerry Przybylo, Manager Stephanie Wysack, Technician 10. Persons submitting comments of support: None. 11. Persons submitting comments of opposition: None. Revised: February 12, 2018 MCL and

3 State Budget Office Office of Regulatory Reinvention 111 S. Capitol Avenue; 8th Floor, Romney Building Lansing, MI Phone: (517) FAX: (517) Identify any changes made to the proposed rules based on comments received during the public comment period: Name & Organization Comments Made at Public Hearing Written Comments Agency Rationale for Change Rule Number & Citation Changed Date report completed: June 12, 2018 Revised: February 12, 2018 MCL and

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