2018 MR 10 - June 15, 2018 - StateScape

Michigan Register

Issue No. 10 – 2018 (Published June 15, 2018)

GRAPHIC IMAGES IN THE

MICHIGAN REGISTER COVER DRAWING Michigan State Capitol:

This image, with flags flying to indicate that both chambers of the legislature are in session, may have originated as an etching based on a drawing or a photograph. The artist is unknown. The drawing predates the placement of the statue of Austin T. Blair on the capitol grounds in 1898. (Michigan State Archives) PAGE GRAPHICS Capitol Dome:

The architectural rendering of the Michigan State Capitol’s dome is the work of Elijah E. Myers, the building’s renowned architect. Myers inked the rendering on linen in late 1871 or early 1872. Myers’ fine draftsmanship, the hallmark of his work, is clearly evident. Because of their size, few architectural renderings of the 19th century have survived. Michigan is fortunate that many of Myers’ designs for the Capitol were found in the building’s attic in the 1950’s. As part of the state’s 1987 sesquicentennial celebration, they were conserved and deposited in the Michigan State Archives. (Michigan State Archives) East Elevation of the Michigan State Capitol:

When Myers’ drawings were discovered in the 1950’s, this view of the Capitol – the one most familiar to Michigan citizens – was missing. During the building’s recent restoration (1989-1992), this drawing was commissioned to recreate the architect’s original rendering of the east (front) elevation. (Michigan Capitol Committee)

Michigan

Register Published pursuant to § 24.208 of

The Michigan Compiled Laws

Issue No. 10— 2018 (This issue, published June 15, 2018, contains

documents filed from May 15, 2018 to June 1, 2018)

Compiled and Published by the

Office of Regulatory Reinvention

© 2018 by Office of Regulatory Reinvention, State of Michigan All rights reserved.

Printed in the United States of America

Michigan Register (ISSN 0892-3124). Published twice per month, with a cumulative index, by the Office of Regulatory Reinvention, pursuant to §24.208 of the Michigan Compiled Laws. Subscription $400.00 per year, postpaid to points in the U.S. First class postage paid at Lansing, Michigan. Direct all mail concerning subscriptions to Office of Regulatory Reinvention, Romney Building – Eight Floor, 111 S. Capitol, Lansing, MI 48909 Jeff Bankowski, Executive Director, Office of Performance and Transformation; Deidre O’Berry, Administrative Rules Specialist for Operations and Publications.

Rick Snyder, Governor

Brian Calley, Lieutenant Governor

PREFACE

PUBLICATION AND CONTENTS OF THE MICHIGAN REGISTER

The Office of Regulatory Reform publishes the Michigan Register. While several statutory provisions address the publication and contents of the Michigan Register, two are of particular importance. 24.208 Michigan register; publication; cumulative index; contents; public subscription; fee; synopsis of proposed rule or guideline; transmitting copies to office of regulatory reform.

Sec. 8.

(1) The office of regulatory reform shall publish the Michigan register at least once each month. The Michigan register shall contain all of the following:

(a) Executive orders and executive reorganization orders.

(b) On a cumulative basis, the numbers and subject matter of the enrolled senate and house bills signed into law by the governor during the calendar year and the corresponding public act numbers.

(c) On a cumulative basis, the numbers and subject matter of the enrolled senate and house bills vetoed by the governor during the calendar year.

(d) Proposed administrative rules.

(e) Notices of public hearings on proposed administrative rules.

(f) Administrative rules filed with the secretary of state.

(g) Emergency rules filed with the secretary of state.

(h) Notice of proposed and adopted agency guidelines.

(i) Other official information considered necessary or appropriate by the office of regulatory reform.

(j) Attorney general opinions.

(k) All of the items listed in section 7(m) after final approval by the certificate of need commission under section 22215 of the public health code, 1978 PA 368, MCL 333.22215.

(2) The office of regulatory reform shall publish a cumulative index for the Michigan register.

(3) The Michigan register shall be available for public subscription at a fee reasonably calculated to cover publication and distribution costs.

(4) If publication of an agency's proposed rule or guideline or an item described in subsection (1)(k) would be unreasonably expensive or lengthy, the office of regulatory reform may publish a brief synopsis of the proposed rule or guideline or item described in subsection (1)(k), including information on how to obtain a complete copy of the proposed rule or guideline or item described in subsection (1)(k) from the agency at no cost.

(5) An agency shall electronically transmit a copy of the proposed rules and notice of public hearing to the office of regulatory reform for publication in the Michigan register.

4.1203 Michigan register fund; creation; administration; expenditures; disposition of money received from sale of Michigan register and amounts paid by state agencies; use of fund; price of Michigan register; availability of text on internet; copyright or other proprietary interest; fee prohibited; definition.

Sec. 203.

(1) The Michigan register fund is created in the state treasury and shall be administered by the office of regulatory reform. The fund shall be expended only as provided in this section.

(2) The money received from the sale of the Michigan register, along with those amounts paid by state agencies pursuant to section 57 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.257, shall be deposited with the state treasurer and credited to the Michigan register fund.

(3) The Michigan register fund shall be used to pay the costs of preparing, printing, and distributing the Michigan register.

(4) The department of management and budget shall sell copies of the Michigan register at a price determined by the office of regulatory reform not to exceed the cost of preparation, printing, and distribution.

(5) Notwithstanding section 204, beginning January 1, 2001, the office of regulatory reform shall make the text of the Michigan register available to the public on the internet.

(6) The information described in subsection (5) that is maintained by the office of regulatory reform shall be made available in the shortest feasible time after the information is available. The information described in subsection (5) that is not maintained by the office of regulatory reform shall be made available in the shortest feasible time after it is made available to the office of regulatory reform.

(7) Subsection (5) does not alter or relinquish any copyright or other proprietary interest or entitlement of this state relating to any of the information made available under subsection (5).

(8) The office of regulatory reform shall not charge a fee for providing the Michigan register on the internet as provided in subsection (5).

(9) As used in this section, “Michigan register” means that term as defined in section 5 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.205.

CITATION TO THE MICHIGAN REGISTER

The Michigan Register is cited by year and issue number. For example, 2001 MR 1 refers to the year of issue (2001) and the issue number (1).

CLOSING DATES AND PUBLICATION SCHEDULE The deadlines for submitting documents to the Office of Regulatory Reinvention for publication in the Michigan Register are the first and fifteenth days of each calendar month, unless the submission day falls on a Saturday, Sunday, or legal holiday, in which event the deadline is extended to include the next day which is not a Saturday, Sunday, or legal holiday. Documents filed or received after 5:00 p.m. on the closing date of a filing period will appear in the succeeding issue of the Michigan Register. The Office of Regulatory Reinvention is not responsible for the editing and proofreading of documents submitted for publication. Documents submitted for publication should be delivered or mailed in an electronic format to the following address: MICHIGAN REGISTER, Office of Regulatory Reinvention, Romney Building – Eight Floor, 111 S. Capitol, Lansing, MI 48909

RELATIONSHIP TO THE MICHIGAN ADMINISTRATIVE CODE

The Michigan Administrative Code (1979 edition), which contains all permanent administrative rules in effect as of December 1979, was, during the period 1980-83, updated each calendar quarter with the publication of a paperback supplement. An annual supplement contained those permanent rules, which had appeared in the 4 quarterly supplements covering that year. Quarterly supplements to the Code were discontinued in January 1984, and replaced by the monthly publication of permanent rules and emergency rules in the Michigan Register. Annual supplements have included the full text of those permanent rules that appear in the twelve monthly issues of the Register during a given calendar year. Emergency rules published in an issue of the Register are noted in the annual supplement to the Code.

SUBSCRIPTIONS AND DISTRIBUTION

The Michigan Register, a publication of the State of Michigan, is available for public subscription at a cost of $400.00 per year. Submit subscription requests to: Office of Regulatory Reinvention, Romney Building –Eight Floor, 111 S. Capitol Avenue, Lansing, MI 48909. Checks Payable: State of Michigan. Any questions should be directed to the Office of Regulatory Reinvention (517) 335-8658.

INTERNET ACCESS The Michigan Register can be viewed free of charge on the Internet web site of the Office of Regulatory Reinvention: www.michigan.gov/orr. Issue 2000-3 and all subsequent editions of the Michigan Register can be viewed on the Office of Regulatory Reinvention Internet web site. The electronic version of the Register can be navigated using the blue highlighted links found in the Contents section. Clicking on a highlighted title will take the reader to related text, clicking on a highlighted header above the text will return the reader to the Contents section. Jeff Bankowski, Executive Director,

Office of Performance and Transformation

2018 PUBLICATION SCHEDULE Closing Date for Issue Filing or Submission Publication No. Of Documents (5 p.m.) Date 1 January 15, 2018 February 1, 2018 2 February 1, 2018 February 15, 2018 3 February 15, 2018 March 1, 2018 4 March 1, 2018 March 15, 2018 5 March 15, 2018 April 1, 2018 6 April 1, 2018 April 15, 2018 7 April 15, 2018 May 1, 2018 8 May 1, 2018 May 15, 2018 9 May 15, 2018 June 1, 2018 10 June 1, 2018 June 15, 2018 11 June 15, 2018 July 1, 2018 12 July 1, 2018 July 15, 2018 13 July 15, 2018 August 1, 2018 14 August 1, 2018 August 15, 2018 15 August 15, 2018 September 1, 2018 16 September 1, 2018 September 15, 2018 17 September 15, 2018 October 1, 2018 18 October 1, 2018 October 15, 2018 19 October 15, 2018 November 1, 2018 20 November 1, 2018 November 15, 2018 21 November 15, 2018 December 1, 2018 22 December 1, 2018 December 15, 2018 23 December 15, 2018 January 1, 2019 24 January 1, 2019 January 15, 2019

CONTENTS

ADMINISTRATIVE RULES FILED WITH SECRETARY OF STATE

Department of Licensing and Regulatory Affairs Director’s Office (2017-027)

Board of Real Estate Appraisers ....................................................................................... 2-3 Department of Licensing and Regulatory Affairs Director’s Office (2017-045)

Real Estate Brokers and Salespersons .............................................................................. 4-12 Department of Licensing and Regulatory Affairs Director’s Office (2017-073)

Ski Area Safety ................................................................................................................. 13-13 Department of Licensing and Regulatory Affairs Director’s Office (2017-081)

State Boundary Commission -- General Rules ................................................................. 14-15 Department of Education Superintendent of Public Instruction (2018-007)

Transportation of Nonpublic Schoolchildren ................................................................... 16-17

PROPOSED ADMINISTRATIVE RULES, NOTICES OF PUBLIC HEARINGS


Board of Social Work - General Rules ............................................................................. 19-32 Public Hearing Notice ....................................................................................................... 33-34


Audiology - General Rules ............................................................................................... 35-46 Public Hearing Notice ....................................................................................................... 47-48

OPINIONS OF THE

ATTORNEY GENERAL AG Opinion No. 7303

Constitutional Limits on tax levies for district libraries ................................................... 50-57

CERTIFICATION OF NEED REVIEW STANDARDS

Department of Health and Human Services Certificate of Need Review Standards Synopsis for Publication in the Michigan Register for

Urinary Extracorporeal Shock Wave Lithotripsy Services ............................................... 59-61

CORRECTION OF OBVIOUS ERRORS IN PUBLICATION


Board of Real Estate Appraisers ....................................................................................... 63-64 Department of Environmental Quality Oil, Gas and Mineral Division

Oil and Gas Operations ..................................................................................................... 65-65

EXECUTIVE ORDERS AND

EXECUTIVE REORGANIZATION ORDERS Executive Order No. 6

Rescission of E.O. 2018-4 State Emergency Medical Services Coordinating Committee Department of Health and Human Services ...................................................................... 67-69

EMERGENCY RULES

Department of Natural Resources Law Enforcement Division (2018-036)

Establishment of Restricted Anchor and Vessel Equipment Zone in the Straits of Mackinac ........................................................................................................... 71-72


Medical Marihuana Facilities Licensing Act .................................................................... 73-103

MICHIGAN ADMINISTRATIVE CODE TABLE

Table (2018 Session) .................................................................................................................... 105-109

CUMULATIVE INDEX Cumulative Index (2018) .............................................................................................................. 110-113

BILLS SIGNED INTO LAW OR VETOED Appendix Table 1 (2018 Session) (Legislative Service Bureau Pages (1-14) .............................. 114-114

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ADMINISTRATIVE RULES FILED WITH THE SECRETARY OF STATE

MCL 24.208 states in part: “Sec. 8. (1) The Office of Regulatory Reform shall publish the Michigan register at least once each month. The Michigan register shall contain all of the following:

* * * (f) Administrative rules filed with the secretary of state.”

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ADMINISTRATIVE RULES

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR’S OFFICE

REAL ESTATE APPRAISERS - GENERAL RULES

Filed with the Secretary of State on May 18, 2018

These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45(a)(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. (By authority conferred on the director of the department of licensing and regulatory affairs by sections 205, 308, and 2605 of 1980 PA 299, MCL 339.205, 339.308, and 339.2605, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030) R 339.23203 and R 339.23326 of the Michigan Administrative Code are amended, and R 339.23104 is added to the Code as follows: PART 1. GENERAL PROVISIONS R 339.23104 Exemption from standard. Rule 104. The following are exempt from the requirements of the Uniform Standards of Professional Appraisal Practice, Standard 3: (a) A board member who is performing an investigation or testifying at an adjudicatory hearing on behalf of the department. (b) A board member who is serving in the capacity of a reviewer while reviewing the work experience of an applicant for licensure. (c) An investigator employed by or retained by the department who is performing an investigation or testifying at an adjudicatory hearing. PART 2. LICENSING R 339.23203 Appraisal experience; satisfactory evidence. Rule 203. (1) For an applicant's experience hours to be accepted, the experience must be in compliance with both of the following requirements, as applicable: (a) Appraisal experience must be demonstrated by copies of reports and file memoranda. The applicant shall submit a detailed log to the department that includes at least all of the following information (i) Date of each appraisal assignment. (ii) Property address. (iii) Property type.

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(iv) Description of work performed by the applicant. (v) Scope of the review and supervision of applicant’s supervising appraiser. (vi) A clear indication of the time devoted to each appraisal. (b) The information in the log must be capable of being documented by work samples, and includes the signature and state certification number of the supervisory appraiser. (2) An applicant for a license shall demonstrate experience gained in each of the following areas of the appraisal process: (a) Defining the appraisal problem. (b) Gathering and analyzing data. (c) Applying appropriate value approaches and methodology. (d) Arriving at an opinion of value. (e) Reporting the opinion of value. (3) Documents that support the information that is contained in an application, an applicant's experience log, or an affidavit of work experience accepted in lieu of an experience log prior to July 1, 2013, must be maintained for not less than 6 years from the date of application. PART 3B. CONTINUING EDUCATION R 339.23326 Continuing education requirements for licensees. Rule 326. (1) Appraisers shall successfully complete the 7-hour national USPAP update course, or its equivalent, at least every 2 years. Equivalency is determined through the AQB course approval program or by an alternate method established by the AQB. (2) USPAP qualifying education credit is awarded only when the class is taught by at least 1 instructor who is an AQB certified instructor and who is a certified residential real estate appraiser or a certified general real estate appraiser. (3) Every 2 years, appraisers shall successfully complete at least 2 hours of continuing education devoted to Michigan appraiser license law and rules. (4) The department shall not grant waivers to licensees who have failed to meet the continuing education requirements. (5) The department shall not grant deferrals to licensees, except in the case of individuals returning from active military duty, or individuals impacted by a state or federally declared disaster. The department may allow licensees returning from active military duty to remain in active status for a period of up to 90 days pending completion of all continuing education requirements. The department may allow licensees impacted by a state or federally declared disaster that occurs within 90 days prior to the end of the continuing education cycle to remain in active status for a period of up to 90 days after the end of the licensee’s continuing education cycle, pending completion of all continuing education requirements.

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DIRECTOR'S OFFICE

REAL ESTATE BROKERS AND SALESPERSONS - GENERAL RULES


These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45(a)(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. (By authority conferred on the director of the department of licensing and regulatory affairs by sections 205 and 308 of 1980 PA 299, MCL 339.205 and 339.308, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030) R 339.22101, R 339.22203, R 339. 22313, and R 339.22315 of the Michigan Administrative Code are amended, and R 339.22217, R 339.22219, R 339.22221, R 339.22618, R 339.22619, R 339.22620, R 339.22621, R 339.22622, R 339.22623, R 339.22624, R 339.22625, R 339.22626, R 339.22627, R 339.22628, R 339.22629, R 339.22630, R 339.22632 are added to the Code, and R 339.22201, R 339.22601, R 339.22602, R 339.22603, R 339.22604, R 339.22605, R 339.22606, R 339.22607, R 339.22609, R 339.22611, R 339.22613, R 339.22617, R 339.22631, and R 339.22645 are rescinded, as follows: PART 1. GENERAL PROVISIONS R 339.22101 Definitions. Rule 101. As used in these rules: (a) "Code" means 1980 PA 299, MCL 339.101 to 339.2919. (b) “Disability” means a determinable physical or mental characteristic which may result from disease, injury, congenital condition of birth, or functional disorder that prevents a broker from performing his or her duties under 1980 PA 299, MCL 339.101 to 339.2919. (c) “Instructor” means an individual who is approved to teach prelicensure classes pursuant to section 2504(4) of the code, MCL 339.2504(4). (d) “Program coordinator” means the individual who assumes the responsibility under these rules for supervising the administration of approved courses. (e) "Real estate school" or "institution" means an approved entity that represents to the public that any of its courses fulfill, in whole or in part, the requirements of section 2504(l) and (2) of the code, MCL 339.2504(1) and (2), for prelicensure education. PART 2. LICENSING

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R 339.22201 Rescinded. R 339.22203 Validity of broker education; validity of salesperson education. Rule 203. (1) Acceptable courses for prelicensure education must meet criteria established by the department but may be reviewed and preapproved by a statewide real estate trade association for subject matter relevant to the practice of real estate. Not more than 1 broker course on the same subject will be accepted for credit. (2) In meeting the broker prelicensure education requirements, the department shall give credit for the following: (a) Possession of a law degree, will be considered equivalent to 60 clock hours of real estate education which shall include credit for 6 hours of instruction in civil rights law and fair housing law. (b) Possession of a master's degree in business administration or finance from a degree or certificate granting public or independent nonprofit college or university, junior college, or community college is considered equivalent to 60 clock hours of real estate education. (c) Possession of a bachelor’s degree in business or finance from a degree or certificate granting public or independent nonprofit college or university, junior college, or community college is considered equivalent to 30 clock hours of real estate education. (3) An applicant for a salesperson license shall have completed 40 clock hours of qualifying prelicensure education of which 4 clock hours must be on civil rights law and fair housing law, as defined in section 2504(2) of the code., MCL 339.2504(2). The salesperson prelicensure education must be completed not more than 36 months before the date of application. R 339.22217 Acceptable related experience for broker and associate broker applicants. Rule 217. For purposes of calculating the time an applicant for a license as a broker or an associate broker has been engaged in the real estate business, as required by section 2505(7)(b)(viii) of the code, MCL 339.2505(7)(b)(viii), any of the following apply: (a) A person holding a real estate license in another state will be given 1 year of credit for each year in which he or she closed 5 or more real estate transactions. (b) An applicant will be given 1 year of credit for managing at least 10 units, located in the state of Michigan, for 3 or more years. R 339.22219 Lapse of broker’s license. Rule 219. If a broker’s license is lapsed, the licenses of all real estate salespersons and all affiliated associate real estate brokers employed by the real estate broker are automatically suspended, until the broker is relicensed in accordance with section 2502a(3) of the code, MCL 339.2502a(3) or until there is a change of employer and the issuance of a new license. If there is a change in employer, the department shall issue a new license to the salesperson or associate real estate broker without charge if the license is issued during the same term in which the original license was issued. R 339.22221 Death or disability of broker. Rule 221. (1) In the event of the death or disability of a broker’s sole principal associate broker, the department shall allow all affiliated real estate licensees a reasonable time, not to exceed 1 year, to either wind up the business of the real estate broker or designate a new sole principal associate broker.

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(2) New business transactions shall not be entered into utilizing the license of a broker whose sole principal associate broker is deceased or disabled. (3) One year after the date of death or disability of a broker’s sole associate principal broker, the licenses of all affiliated salespersons and associate real estate brokers who are employed by the broker shall be automatically suspended, pending a replacement of the sole principal associate broker or change of employer and the issuance of a new license. If there is a change in employer, the department shall issue a new license to the associate broker or salesperson without charge if the license is issued during the same term in which the original license was issued. PART 3. PRACTICE AND CONDUCT R 339.22313 Trust accounts. Rule 313. (1) Trust or escrow accounts must be maintained in demand accounts only. Checks drawn on the trust or escrow accounts must be signed by a broker or an associate broker. Cosignatories may be used; however, the signature of a broker or associate broker must accompany this signature. (2) A broker must maintain a non-interest-bearing demand trust account when any earnest money deposits or money belonging to others comes into his or her possession. The account must be maintained in accordance with the requirements of section 2512(k) of the code, MCL 339.2512(k). (3) A broker shall maintain a bookkeeping system in the office. At a minimum, the system must consist of the following: (a) A record that shows the chronological sequence in which funds are received and disbursed, as follows: (i) For funds received, the record must include all of the following information: (A) The date of receipt and date of deposit. (B) The name of the party who provided the funds to the broker. (C) The name of the seller. (D) The amount of the funds. (ii) For funds disbursed, the record must include all of the following information: (A) The date of the disbursement. (B) The payee. (C) The check number. (D) The purpose of the disbursement. (E) The amount of the disbursement. (iii) A current balance of the account or accounts must be maintained and be available to the department upon request. (b) A record that shows receipts and disbursements as they affect a single, particular transaction between a buyer and seller shall record each transaction, as follows: (i) For funds received, the record must include all of the following information: (A) The names of both parties to a transaction. (B) The property address or brief legal description. (C) The dates and amounts received. (ii) For funds disbursed, the record must include all of the following information: (A) The date. (B) The payee. (C) The check number. (D) The amount of the disbursement.

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(4) All trust or escrow account records must be maintained for a period of not less than 3 years from the date of inception of the records. (5) A broker or associate broker’s disbursement of an earnest money deposit must be made at consummation or termination of the agreement in accordance with the agreement signed by the parties. However, any deposit in the trust account of the broker for which the buyer and seller have made claim must remain in the broker's trust account until a civil action has determined to whom the deposit must be paid, or until the buyer and seller have agreed, in writing, to the disposition of the deposit. The broker may also commence a civil action to interplead the deposit with the proper court. R 339.22315 Prohibition of licensee becoming party to net service provision agreement. Rule 315. A licensee shall not become a party to a net service provision agreement for an owner, seller, or buyer as a means of securing a real estate commission. PART 6 REAL ESTATE EDUCATION SUBPART 1. PRELICENSURE REAL ESTATE EDUCATION R 339.22601 Rescinded. R 339.22602 Rescinded. R 339.22603 Rescinded. R 339.22604 Rescinded. R 339.22605 Rescinded. R339.22606 Rescinded. R 339.22607 Rescinded. R 339.22609 Rescinded. R 339.22611 Rescinded. R 339.22613 Rescinded.

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R 339.22617 Rescinded. R 339.22631 Rescinded. R 339.22645 Rescinded. R 339.22618 Application for approval to offer prelicensure courses; forms; required information. Rule 618. (1) A real estate school shall submit a prelicensure course approval application approved by the department. The application must include, but not be limited to, all of the following information: (a) The school name, business address, telephone number, facsimile number, website address, and e-mail address, if applicable. (b) The course title. (c) The names, addresses, telephone numbers, and qualifications of instructors. (d) The name of the program coordinator. (e) A summary of topics completed for each prelicensure course to be taught, including the number of hours allocated to each topic. (f) A sample certificate of completion that contains all of the following information: (i) The date of course completion. (ii) Identification of the course including the name of the course as approved by the department. (iii) The name and approval number of the school. (iv) The name of the student. (v) The number of clock hours completed by the student. (g) Methodology for verifying and monitoring attendance and the make-up policy. (h) An enrollment application to be completed by prospective students that contains a statement disclosing the percentage of students who successfully completed the program in the past calendar year. The enrollment application must be updated no later than February 1 of each calendar year. (2) A real estate school shall report to the department any change in the information on the application forms within 30 days. The department shall accept or reject a change within 60 days of notification of the change. (3) A real estate school shall apply for and obtain approval as determined by the department for real estate education courses before the courses are offered to the public. (4) The department shall issue a certificate or letter of course approval or a notice of denial to the school within 60 days after the application is received. Denials must be based on substantive deficiencies and specify the reasons for the denial. (5) The department shall accept courses for approval that meet the criteria established by these rules and section 2504 of the code, MCL 339.2504. Rule 339.22619 Expiration date for prelicensure courses; renewal. Rule 619. (1) Approval of prelicensure courses issued by the department to a real estate school shall expire 1 year from the date the course was approved. (2) A proprietary real estate school licensed under 1943 PA 148, MCL 395.101 to 395.103 shall comply with the act to maintain approval of the real estate prelicensure school under this subpart.

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(3) To maintain course approval, a proprietary real estate school shall submit to the department a renewal application that is approved by the department at least 60 days before the expiration date of the course approval. R 339.22620 Program coordinator. Rule 620. Each real estate school shall designate at least 1 individual as program coordinator. The program coordinator shall be responsible for supervising the program of courses and ensuring compliance with the code and these rules. R 339.22621 Instructors. Rule 621. (1) The department shall approve each instructor before he or she teaches any real estate course. Instructors must possess at least 1 of the following minimum qualifications: (a) Teaches or has taught real estate courses at an accredited institution of higher learning. (b) Is licensed or certified by the department or other governmental agency to engage in the real estate aspects of appraising, financing, marketing, brokerage management, real property management, real estate counseling, real property law, or other related subjects. (2) Instructors are responsible for all of the following: (a) Complying with all laws and rules relating to real estate education. (b) Providing students with current and accurate information. (c) Maintaining an environment conducive to learning. (d) Assuring and certifying accurate attendance of students enrolled in courses. (e) Providing assistance to students and responding to questions relating to course materials. (3) The real estate school shall submit to the department the qualifications of each instructor teaching an approved course along with the prelicensure course approval application. The real estate school shall submit the qualifications to the department not fewer than 60 days before the instructor is scheduled to begin instruction. R 339.22622 Syllabus. Rule 622. An approved real estate school shall provide students with a syllabus that contains, at a minimum, all of the following information: (a) The course title. (b) The times and dates of the course offering. (c) The names, addresses, and telephone numbers of the course coordinator and instructor. (d) A detailed outline of the subject matter to be covered. R 339.22623 Student attendance and makeup policy. Rule 623. (1) A student shall attend 100% of a real estate prelicensure course in order to obtain credit for the course. (2) Credit for a distance-learning course requires completion of the entire course. Completion of the entire course means the number of course hours attended equals the number of hours for which the course is approved. (3) A real estate school shall have a makeup policy for students who are absent from or late in arriving at regularly scheduled class sessions.

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R 339.22624 Student records; content; inspection. Rule 624. (1) Each real estate school shall establish and maintain a record for each student. (2) Student records must contain all of the following information: (a) The student's name and address. (b) The number of clock hours attended. (c) The student's grade, if an examination is required to determine successful completion of the course. (d) The date of course completion. (e) The last 4 digits of the student's social security number. (f) The student's date of birth. (g) The real estate license identification number, if applicable. (3) All records must be available for inspection during normal business hours by an authorized representative of the department. (4) A real estate school shall maintain records in the following manner: (a) Records of schools must be maintained permanently. (b) Records of sponsors must be maintained for a minimum of 6 years from inception date of the record. (5) A real estate school shall issue a certificate of completion to a student who successfully completes an approved real estate course. The certificate must include all of the criteria set forth in R 339.22618(1)(f). (6) Each student completing a prelicensure course shall present a state-issued photo identification or acceptable alternative form of photo identification to the school before receiving the certificate of completion. Both of the following apply: (a) For courses conducted in a traditional classroom setting, students or licensees shall present a state-issued photo identification or other acceptable alternative form of identification that verifies, to the satisfaction of the school, the identification of the student or licensee. (b) For courses conducted through distance education, the school shall ensure that the student or licensee whose attendance is reported to the department is the same person who completed the distance education course. The school shall take appropriate measures to ensure accurate verification of the identity of each student or licensee before reporting course completion to the department. (7) At least 30 days before courses are held, schools shall submit to the department a schedule and geographic location for each course. (8) Within 5 business days of the conclusion of the last course, schools shall submit, in a format required by the department, the names of students who have successfully completed an approved course. R 339.22625 Denial, suspension, or rescission of approval to offer courses; violation of code or rules. Rule 625. A real estate school or instructor may be subject to the penalties of section 602 of the code, MCL 339.602, including disciplinary action against a course approval, for any of the following reasons: (a) Failure to comply with the provisions of the code or these rules. (b) Revealing or attempting to discover, or soliciting, encouraging, or inducing a person to reveal, the questions on a real estate license examination administered by or on behalf of the department. (c) Making a substantial misrepresentation or inducement regarding a real estate school or course of study. (e) Pursuing a continued and flagrant course of misrepresentation or the making of false promises through agents, salespersons, advertising, or otherwise.

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R 338.22626 Distance-learning. Rule 626. (1) Real estate education courses represented as fulfilling the requirements of section 2504 of the code, MCL 339.2504 and delivered through distance-learning must be approved, as determined by the department before being offered to the public. (2) A distance-learning course must contain all of the following: (a) All requirements listed R 339.22618 for approval of a prelicensure course. (b) The individual modules of instruction offered on a computer or other interactive program. (c) A list of at least 1 learning objective for each module of instruction. The learning objective must ensure that if all the objectives are met, the entire content of the course is understood. (d) A structured learning method to enable the student to attain each learning objective. (e) A method of assessment of the student's performance during each module of instruction. (f) A remediation for any student who is deficient in the assessment to repeat the module until the student understands the course content material. (3) Delivery systems that meet the distance education criteria for current certification by the Association of Real Estate License Law Officials (ARELLO) are acceptable to the department, as follows: (a) Proof of ARELLO certification as a primary or secondary provider, including the summary sheet and certificate, are provided with the application for course approval. (b) Upon withdrawal or expiration of ARELLO certification, the approval to offer distance-learning courses are suspended until ARELLO certification is reinstated or the real estate school has applied for and received approval from the department according to subrule (4) of this rule. (4) Equivalent delivery systems may be used if they are approved, as determined by the department. (5) The real estate school shall describe in detail on its application how it will remedy hardware and software failures. R 339.22627 Advertising for approved real estate prelicensure courses. Rule 627. All advertising for approved real estate courses that are held out to the public as fulfilling the requirements of section 2504 of the code, MCL 339.2504 must include the name of the approved school. R 339.22628 Solicitations. Rule 628. (1) Organizational membership, employment, business-related solicitations, or any other non-educational presentations are prohibited during prelicensure courses and are not counted as part of the clock hours of the course. (2) Students or licensees shall not receive credit for organizational membership, employment, business-related, or any other non-educational presentations or solicitations offered in conjunction with an approved course. SUBPART 2. CONTINUING EDUCATION R 339.22629 Continuing education requirements for licensees. Rule 629. Beginning with the license cycle after the effective date of these rules, real estate brokers, associate brokers, and salespersons shall successfully complete 6 hours of continuing education for each year of the license cycle. Two hours of legal education courses involving statutes, rules, and court cases

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are required in each year of a license cycle pursuant to section 2504a(2)(a) of the code, MCL 339.2504a(2)(a). Remaining hours can be completed at any time during the license cycle. R 339.22630 Waiver of continuing education. Rule 630. A request for a waiver of continuing education pursuant to section 204(2) of the code, MCL 339.204(2) must be received by the department before the expiration date of the license cycle. R 339.22632 Eligible continuing education program. Rule 632 (1) An eligible “continuing education course” means a course that is reviewed and certified by a statewide real estate association that has a membership representing more than 18,000 licensees. (2) An association that reviews continuing education courses pursuant to subrule (1) of this rule shall comply with each of the following: (a) Ensure that all continuing education courses that are offered to licensees are compliant with section 2504a of the code, MCL 339.2504a, and involve subjects that are relevant to the management, operation and practice of real estate or otherwise contribute to the professional competence of the licensee. (b) Provide a system for monitoring a licensee’s compliance with section 2504a of the code, MCL 339.2504a. (c) Maintain a list of approved courses and ensure the list is available to licensees. (3) A school, institution, program, or other person that has been denied certification as an eligible continuing education course by a statewide real estate association that has a membership representing more than 18,000 licensees may petition the department to review the association’s decision in accordance with MCL 339.520 and 339.521. (4) If a statewide real estate association that has a membership representing more than 18,000 licensees does not exist, then continuing education courses must be approved by the board.

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CORPORATIONS, SECURITIES, AND COMMERCIAL LICENSING BUREAU

SKI AREA SAFETY - GENERAL RULES

Filed with the Great Seal on May 18, 2018

These rules become effective 365 days after filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. (By authority conferred on the director of the department of licensing and regulatory affairs by section 6 of 1962 PA 199, MCL 408.326; and Executive Reorganization Order Nos. 1991-9, 1996-2, 2003-1, 2008-4, and 2011-4, MCL 338.3501, 445.2001, 445.2011, 445.2025, and 445.2030). R 408.65 and R 408.82 of the Michigan Administrative Code are amended, as follows: R 408.65 Adoption of standards by reference. Rule 5. A person shall construct, install, and operate a ski lift as prescribed in ANSI standards B77.1-2011 and ANSI B77.1a-2012 entitled "American National Standard for Passenger Ropeways – Aerial Tramways, Aerial Lifts, Surface Lifts, Tows and Conveyors - Safety Requirements," which is adopted by reference in these rules. This standard may be purchased as an electronic download from the American national standards institute, Inc. at https://www.ansi.org for $175. It is available in from the National Ski Areas Association (NSAA) (www.nsaa.org) at 133 S. Van Gordon Street, Suite 300, Lakewood, CO 80228, phone: (303) 987-1111 for $55 for NSAA members and $175 for non-members. The standards are available for inspection and distribution at cost from the Department of Licensing and Regulatory Affairs, Corporations, Securities, and Commercial Licensing Bureau, at 2501 Woodlake Circle, Okemos, Michigan, 48864, phone: (517) 241-9221. R 408.82 Marking of closed runs; "regulatory symbol" defined. Rule 22. (1) When a ski area is open for skiing and any ski run, slope, or trail is closed to skiing, the ski area operator shall mark the top of, or entrance to, each closed run, slope, or trail, or that portion of each run, slope, or trail that is closed if less than the entire run, slope, or trail, with a sign containing a regulatory symbol and the word "closed" in 3-inch or larger letters. The ski area operator shall place a fiber rope with flags, or mesh tape that is more than 3 inches in height, or a fence across the top of, or entrance to, the run, slope, or trail or that portion of the run, slope, or trail that is closed. The ski area operator shall place the flags on a fiber rope not more than 10 feet apart. (2) As used in this rule, "regulatory symbol" means a circle or octagon that has contrasting colors around an image of a prohibited activity overlaid with a diagonal line. The ski area operator shall ensure that the inside height and width of the circle or octagon are not less than 6 inches.

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DIRECTOR’S OFFICE

STATE BOUNDARY COMMISSION

GENERAL RULES


These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. (By authority conferred on the director of the department of licensing and regulatory affairs section 4 of 1968 PA 191, MCL 123.1004 and Executive Reorganization Order Nos. 1973-2, 1980-1, 1996-2, 2003-1, 2008-4, and 2011-4, being MCL 299.11, 16.732, 445.2001, 445.2011, 445.2025, and 445.2030) R 123.1, R 123.3, R 123.4, R 123.5, R 123.20, R 123.21, R 123.22, R 123.23, R 123.24, R 123.30, R 123.31, R 123.32, R 123.33, R 123.34, R 123.35, R 123.36, R 123.37, R 123.38, R 123.40, R 123.43, R 123.44, R 123.51, R 123.52, R 123.53, R 123.54, R 123.55, R 123.56, R 123.61, R 123.62, R 123.63, R 123.64, and R 123.65 of the Michigan Administrative Code are rescinded, as follows: R 123.1 Rescinded. R 123.3 Rescinded. R 123.4 Rescinded. R 123.5 Rescinded. R 123.20 Rescinded. R 123.21 Rescinded. R 123.22 Rescinded. R 123.23 Rescinded. R 123.24 Rescinded. R 123.30 Rescinded.

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R 123.31 Rescinded. R 123.32 Rescinded. R 123.33 Rescinded. R 123.34 Rescinded. R 123.35 Rescinded. R 123.36 Rescinded. R 123.37 Rescinded. R 123.38 Rescinded. R 123.40 Rescinded. R 123.43 Rescinded. R 123.44 Rescinded. R 123.51 Rescinded. R 123.52 Rescinded. R 123.53 Rescinded. R 123.54 Rescinded. R 123.55 Rescinded. R 123.56 Rescinded. R 123.61 Rescinded. R 123.62 Rescinded. R 123.63 Rescinded. R 123.64 Rescinded. R 123.65 Rescinded.

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DEPARTMENT OF EDUCATION

SUPERINTENDENT OF PUBLIC INSTRUCTION

TRANSPORTATION OF NONPUBLIC SCHOOLCHILDREN


These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. (By authority conferred on the superintendent of public instruction by section 1322 of 1976 PA 451, MCL 380.1322; and Executive Reorganization Order No. 1996-7, MCL 388.994) R 340.281 and R 340.282 of the Michigan Administrative Code are amended as follows: R 340.281 Transporting pupils within district only; exceptions; private car. Rule 1. (1) All of the following apply if a school district transports pupils within the district but does not transport public school pupils outside the district, other than students with a disability: (a) The school district may transport resident nonpublic school pupils to points within the district for transportation out of the district to state-approved nonpublic schools. (b) The school district may transport resident nonpublic school pupils to points within the district for re-transportation within the district to state-approved nonpublic schools. (c) If the shortest public route of travel of a school bus transporting both resident public and resident nonpublic school pupils requires the school bus to travel from 1 part of the district through a portion of another district back into the district, the school district may transport nonpublic schoolchildren to and from the point along the regular route nearest or most accessible to a state-approved nonpublic school in the other district. (d) The board of education of the school district shall not establish the attendance areas of nonpublic schools. (e) The board of education of the school district shall request in writing from state-approved nonpublic school officials the information necessary for planning for the transportation of nonpublic schoolchildren. The nonpublic school officials shall furnish the information requested in writing. (f) The board of education of the school district shall establish bus routes, bus time schedules, and school bus policies for all pupils transported. (g) The board of education of the school district shall review with state-approved nonpublic school officials prior to opening of schools the bus routes, bus time schedules, and school bus policies established. The board of education may modify the bus routes, bus time schedules, and bus policies. (h) The board of education of the school district may contract for transportation by private car for transportation of schoolchildren within the district whenever the board of education determines that the cost is excessive for transportation by bus of children living in locations isolated from their schools. (2) As used in this rule, “private car” means a privately owned vehicle with a passenger capacity, including the driver, of 10 or less.

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R 340.282 Transporting resident pupils to schools outside district; private car. Rule 2. (1) All of the following apply if a school district transports any of its resident pupils, other than students with a disability, to schools outside of the district: (a) Whenever a school district transports resident pupils from grades closed or not operated in the district to a school or schools outside of the district, it shall also transport resident nonpublic school pupils in the same grades to state-approved nonpublic schools outside of the district, at least to the distance of the public schools located outside of the district and in the same general direction. (b) The board of education of the school district may contract for transportation by private car for transportation of schoolchildren outside the district whenever the board of education determines that the cost is excessive for transportation by bus of children living in locations isolated from their schools. (c) The board of education of the school district shall not establish the attendance areas of nonpublic schools. (2) As used in this rule, “private car” means a privately owned vehicle with a passenger capacity, including the driver, of 10 or less.

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PROPOSED ADMINISTRATIVE RULES,

NOTICES OF PUBLIC HEARINGS MCL 24.242(3) states in part: “… the agency shall submit a copy of the notice of public hearing to the Office of Regulatory Reform for publication in the Michigan register. An agency's notice shall be published in the Michigan register before the public hearing and the agency shall file a copy of the notice of public hearing with the Office of Regulatory Reform.” MCL 24.208 states in part: “Sec. 8. (1) The Office of Regulatory Reform shall publish the Michigan register at least once each month. The Michigan register shall contain all of the following:

* * * (d) Proposed administrative rules. (e) Notices of public hearings on proposed administrative rules.”

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PROPOSED ADMINISTRATIVE RULES

LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

SOCIAL WORK - GENERAL RULES

Filed with the Secretary of State on

These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45(a)(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. (By authority conferred on the director of the department of licensing and regulatory affairs by sections 16145, 16148, 18516, and 18518 of 1978 PA 368, MCL 333.16145, 333.16148, 333.18516, and 333.18518 and Executive Order Nos. 1991-9, 1996-2, 2003-01, and 2011-4, MCL 338.3501, 445.2001, 445.2011, and MCL 445.2030) R 338.2923, R 338.2925, R 338.2931, R 338.2933, R 338.2935, R 338.2939, R 338.2941, R 338.2943, R 338.2945, R 338.2947, R 338.2949, R 338.2951, R 338.2953, R 338.2955, R 338.2957, R 338.2961, R 338.2963, and R 338.2965 of the Michigan Administrative Code are amended to read as follows:

PART 1. GENERAL PROVISIONS

R 338.2923 Educational standards; adoption by reference. Rule 23. (1) The board adopts by reference in these rules the standards of the Council on Social Work Education (CSWE) for the accreditation of social work education programs set forth in the publication entitled, “Handbook of Social Work Accreditation Policies and Procedures,” 2008 edition, updated June 20132016, which is available at no cost from the council's CSWE’s website at http://www.cswe.org. A copy of the standards and procedures also is available for inspection and distribution at cost from the Board of Social Work, Bureau of Professional Licensing, Michigan Department of Licensing and Regulatory Affairs, Ottawa Building, 611 West Ottawa, P.O. Box 30670, Lansing, MI 48909. (2) Completion of an accredited social work education program, at the level required by the code shall be evidence of completion of a program acceptable to the department and approved by the board. A social work education program accredited by CSWE is approved by the board. Any other program that is submitted by an applicant shall be evaluated by the board to determine the program's equivalence to the standards of an accredited program. A social work education program that is not accredited by CSWE may be approved by the board if it is deemed substantially equivalent to the standards in subrule (1) of this rule, as determined by the board. (2)(3) The board adopts by reference the policies and procedures and criteria for recognizing accrediting organizations of the Council for Higher Education Accreditation (CHEA), effective June 28, 2010, and the procedures and criteria for recognizing accrediting agencies of the United States Department of Education, effective July 1, 2010, as contained in Title 34, Part 602 of the Code of Federal Regulations, 34 C.F.R § section 602 et seq. 602.1 to 602.50 (2017). Copies

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of the standards and criteria policies and procedures of the council for higher education accreditation CHEA and the procedures and criteria of the United States Department of Education are available for inspection and distribution at cost from the Board of Social Work, Bureau of Professional Licensing, Department of Licensing and Regulatory Affairs, Ottawa Building, 611 West Ottawa, P.O. Box 30670, Lansing, MI 48909. The CHEA recognition standards also may be obtained from the Council for Higher Education Accreditation, One Dupont Circle NW, Suite 510, Washington, DC 20036-1110, or from the council's CHEA’s website at http://www.chea.org at no cost. The federal recognition criteria may be obtained from the United States Department of Education Office of Postsecondary Education, 1990 K Street, NW, Washington, DC 20006 or from the department's website at http://www.ed.gov/about/offices/list/OPE/index.html www.ed.gov/accreditation?src=accred at no cost. (3)(4) The board adopts by reference the standards of the following postsecondary accrediting organizations, which may be obtained from the individual accrediting organization at the identified cost or at cost from the Board of Social Work, Bureau of Professional Licensing, Department of Licensing and Regulatory Affairs, Ottawa Building, 611 West Ottawa, P.O. Box 30670, Lansing, MI 48909: (a) The standards of the Middle States Commission on Higher Education, 3624 Market Street, Philadelphia, PA 19104, set forth in the document entitled "Characteristics of Excellence in Higher Education: Eligibility Requirements of Affiliation and Standards for Accreditation," 2011 twelfth edition, which is available free of charge on the association’s website at http://www.msche.org. (b) The standards of the New England Association of Schools and Colleges, Inc., Commission on Institutions of Higher Education, 209 3 Burlington Road Woods Drive, Bedford Burlington, MA 07130 01803, set forth in the document entitled "Standards for Accreditation," 2011 2016 edition, which is available free of charge on the association's website at http://www.neasc.org. www.hlcommission.org. (c) The standards of the North Central Association of Colleges and Schools, the Higher Learning Commission, 30 North LaSalle Street, Suite 2400, Chicago, IL 60602, set forth in the document entitled "Handbook of Accreditation," “Resource Guide,” Third Edition 2017, which is available for purchase free of charge on through the association's website at http://www.ncahigherlearningcommission.org. (d) The standards of the Northwest Association of Schools, Colleges, and Universities, the Northwest Commission on Colleges and Universities, 8060 165th Avenue NE, Suite 100, Redmond, WA 98052, set forth in the document entitled "Accreditation Handbook," 2003 2017 edition, updated June 23, 2008 January 27, 2017, and “Revised Accreditation Standards 2010,” “Standards for Accreditation” (2010), which are available at no cost on the association’s website at http://www.nwccu.org. (e) The standards of the Southern Association of Colleges and Schools, Commission on Colleges, 1866 Southern Lane, Decatur, GA 30033, set forth in the document entitled "Principles of Accreditation: Foundation for Quality Enhancement,” 2010 2012 edition, second printing with edits, which is available free of charge on the association's website at http://www.sacscoc.org.

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(f) The standards of the Western Association of Schools and Colleges, the Accrediting Commission for Senior Colleges and Universities University Commission, 985 Atlantic Avenue, Suite 100, Alameda, CA 94501, set forth in the document entitled "2013 Handbook of Accreditation Revised," October 2008 November 17, 2015, which is available free of charge on the commission's website at http://www.wascsenior.org. (g) The standards of the Western Association of Schools and Colleges, Accrediting Commission for Community and Junior Colleges, 10 Commercial Blvd., Suite 204, Novato, CA 94949 set forth in the document entitled "Accreditation Reference Handbook", July 2011, Accreditation Standards,” (Adopted June 2014), which is available free of charge on the commission's website at http://www.accjc.org. R 338.2925 Examination adoption; passing scores. Rule 25. (1) The board approves and adopts the examinations developed, maintained, and scored by the Association of Social Work Boards (ASWB), or its successor agency, hereafter referred to as the bachelor's examination;, the advanced or the advanced generalist examination;, or the clinical examination. (2) Applicants shall achieve a passing score as defined by ASWB on the test required for the level of licensure sought. (3) An exam may be approved by the board if it is deemed substantially equivalent to the examinations in subrule (1) of this rule, as determined by the board. or an equivalent examination as determined by the board. Applicants shall achieve a passing score as defined by ASWB on the test required for the level of licensure sought.

PART 2. SOCIAL SERVICE TECHNICIAN REQUIREMENTS R 338.2931 Limited social service technician registration requirements. Rule 31. (1) An applicant for a limited social service technician registration shall submit a completed application on a form provided by the department, together with the required fee. In addition to meeting the requirements of section 18507(2) of the code, MCL 333.18507(2), an applicant for the limited social service technician shall meet both of the following requirements: (a) Successful completion of 2 years of college in any field from an accredited college meeting the standards of R 338.2923. (b) Employment in human services or social services or the submission of documentation that the applicant has been made an offer of employment in the practice of social service work at an agency recognized by the board pursuant to subrule (2) of this rule. (2) Agencies recognized by the board include those which employ social workers engaged in the practice of social work as defined in section 18501 of the code, MCL 333.18501. (3) The limited social service technician registration shall be is granted for 1 year and may be renewed only once, as specified in section 18507(2) of the code, MCL 333.18507(2). R 338.2933 Social service technician registration requirements. Rule 33. (1) An applicant for social service technician registration shall submit a completed application on a form provided by the department, together with the required fee. Additionally, the applicant shall meet the requirements of section 18507(1) of the code, MCL 333.18507(1).

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(2) Qualifying experience for an applicant for registration as a social service technician under section 18507 of the code, MCL 333.18507, means the delivery of social work services through any of the following: (a) Interviewing clients to obtain information about a client's situation, providing information about available services, and providing specific assistance to help people utilize community resources. (b) Conducting case-finding activities in the community and encouraging and providing linkages to available services. (c) Monitoring a client's compliance with a program's expectations. (d) Providing life skills training. (3) The experience for a social service technician shall must comply with section 18507 of the code, MCL 333.18507, and the provisions described in subrule (4) of this rule. (4) The experience shall must be completed under the supervision of a licensed bachelor's or a licensed master's social worker, or a under the supervision of a person who holds the equivalent license, certificate, or registration from the jurisdiction in which the experience was obtained. The supervisor shall hold his or her license, certificate, or registration in good standing during the period of supervision. The supervision shall must consist of all of the following: (a) An applicant shall meet with his or her supervisor using any of the following methods: (i) Individually and in person. (ii) Individually using a telecommunications method that provides for live and simultaneous contact. (iii) In a group modality, during which active work functions and records of the applicant are reviewed. (b) Supervisory review shall must be conducted for at least 4 hours per month with at least 2 hours being conducted between the applicant and the supervisor on an individual basis either in person or using a telecommunication method that provides for live and simultaneous contact. (c) Not more than 2,000 2,080 hours of acceptable experience shall must be accumulated in any 1 calendar year. (d) Experience shall must be verified in writing by the supervisor. If the supervisor is not available, agency staff who are knowledgeable about the individual's work or another person who is knowledgeable about the individual's work, may provide the verification in writing. R 338.2935 Registration by endorsement. Rule 35. (1) An applicant for registration by endorsement shall submit a completed application on a form provided by the department, together with the required fee. An applicant for registration by endorsement who satisfies all of the requirements of these rules shall be is deemed to meet the requirements of section 16186 of the code, MCL 333.16186. (2) An applicant who holds a registration from another jurisdiction is eligible for registration if the requirements for registration are substantially equivalent to the requirements in Michigan this state, as determined by the board. (3) The registration shall must be in good standing at the time of application. (4) An applicant’s registration shall must be verified by the registering agency of all other states of the United States in which the applicant holds a current registration or ever held a registration as a social service technician. If applicable, verification shall must include the record of any disciplinary action taken or pending against the applicant.

PART 3. BACHELOR’S SOCIAL WORKER REQUIREMENTS

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R 338.2939 Limited bachelor's social worker license requirements. Rule 39. (1) An applicant for a limited bachelor's social worker license shall submit a completed application on a form provided by the department, together with the required fee. An applicant for a limited bachelor's license shall meet all of the following requirements: (a) Graduation from a baccalaureate degree program from a school of social work that complies with the standards in R 338.2923 or certification from a school of the applicant's eligibility for graduation. (b) Practice under the supervision of a licensed master's social worker. (c) Compliance with the supervisory requirements in R 338.2941. (d) Confinement of practice to an agency, health facility, institution, or other entity approved by the board. An agency is considered approved by the board where the agency utilizes master’s social workers who engage in the practice of social work at the master’s level as defined in section 18501 of the code, MCL 333.18501. (2) A limited license shall be is issued for 1 year and may be renewed for not more than 6 years, as specified in section 18509(2) of the code, MCL 333.18509. (3) A limited license for supervised practice for relicensure pursuant to R 338.2945 is issued for 1 year and may be renewed for not more than 6 years. R 338.2941 Bachelor's social worker license by examination; requirements; graduates of schools in compliance with board standards; limited bachelor's social worker license. Rule 41. (1) An applicant for a bachelor's social worker license by examination shall submit a completed application on a form provided by the department, together with the required fee. In addition to meeting the requirements of the code, an applicant for a bachelor's social worker license by examination shall meet all of the following requirements: (a) Graduation from a baccalaureate degree program that complies with the standards in R 338.2923. (b) Completion of at least 4,000 hours of post-degree social work experience accrued over not less than 2 years, as required in section 18509 of the code, MCL 333.18509, and described in subrules (2) and (3) of this rule. (c) An applicant shall have passed the bachelor's examination as identified in R 338.2925. (2) Qualifying experience for an applicant for licensure as a bachelor's social worker includes, but is not limited to, any of the following: (a) Assessment, planning, and intervention with individuals, couples, families, or groups to enhance or restore the capacity for social functioning. (b) Case management of health and human services. (c) Providing information about and referring individuals to resources. (d) Planning and collaborating with communities, organizations, or groups to improve their social or health services. (e) Working with clients in accessing, coordinating, or developing resources to develop solutions for interpersonal or community problems. (3) Qualifying experience in this state may be earned only in the limited license status. The experience for a bachelor's social worker license shall must meet all of the following requirements: (a) The experience shall must be earned after completion of all the requirements for graduation as verified by the program. The license shall will not be issued until graduation from the program is verified. (b) The experience shall must be completed under the supervision of a licensed master's social worker or a person who holds the equivalent license, certificate, or registration from the state in which the experience was obtained. The supervisor shall hold his or her license, certificate, or registration in good standing during the period of supervision.

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(c) The applicant shall meet with his or her supervisor using any of the following methods: (i) Individually and in person. (ii) Individually using a telecommunications method that provides for live and simultaneous contact. (iii) In a group modality that provides for 50% of the supervision to include individual contact during which active work functions and records of the applicant are reviewed. (d) Supervisory review shall must be conducted for at least 4 hours per month with at least 2 hours being conducted between the applicant and the supervisor using either of the following methods: (i) Individually and in person. (ii) Individually using a telecommunications method that provides for live and simultaneous contact. (e) Not more than 2,000 2,080 hours of acceptable experience shall must be accumulated in any 1 calendar year. (f) The experience shall must be accumulated at not less than 16 hours per week but not more than 40 hours per week. (g) The applicant shall function as a licensed bachelor's social worker using generally accepted applications of social work knowledge and techniques acquired during the applicant's education and training. (h) The experience may be earned either in an employment or volunteer capacity. R 338.2943 Licensure by endorsement. Rule 43. (1) An applicant for licensure by endorsement shall submit a completed application on a form provided by the department, together with the required fee. An applicant for licensure by endorsement who satisfies all of the requirements of these rules shall be is deemed to meet the requirements of section 16186 of the code, MCL 333.16186. (2) An applicant who holds a license from another jurisdiction is eligible for licensure if the requirements for licensure are substantially equivalent to the requirements in Michigan this state, as determined by the board. (3) The license, whether currently active or expired, shall must be in good standing at the time of application. (4) An applicant’s license shall must be verified by the licensing agency of all other states of the United States in which the applicant holds a current license or ever held a license as a social worker. If applicable, verification shall must include the record of any disciplinary action taken or pending against the applicant. R 338.2945 Relicensure of bachelor's social worker. Rule 45. (1) An applicant whose license has lapsed may be relicensed upon submission of the appropriate documentation as noted in the table below: For a bachelor’s social worker who has let his or her Michigan license lapse and is not currently licensed in another state.

Lapsed 0-3 years

Lapsed more than 3 years, but less than 7 years

Lapsed more than 7 years or more

(a) Application and fee: submit a completed application on a form provided by the department, together with the required fee.

√

√

√

(b) Good moral character: establish √ √ √

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that he or she is of good moral character as defined under section (1) to (7) of 1974 PA 381, MCL 338.41 to 338.47.

(c) Fingerprints: submit fingerprints as required under section 16174(3) of the code, MCL 333.16174(3).

√

√

(b)(d)

Continuing education: Submit submit proof of having completed 45 hours of continuing education in courses and programs approved by the board, including at least 5 hours in social work ethics and 2 hours in pain and symptom management, as provided under R 338.2961, which was earned within the 3-year period immediately preceding the application for relicensure.

√

√

√

(c)(e) Supervised practice: Completion completion of 1,000 hours of practice under the supervision of a licensed master’s social worker of the same designation, where applicable, described in subrules (2) and (3) of this rule and R 338.2941(2).

√

√

(d)(f) Examination: Passage passage of the examination adopted in R 338.2925 within 1 year prior to the application for relicensure.

√

(2) Supervised practice must be earned under a limited license pursuant to R 338.2939. (3) A licensee with a limited license for supervised practice for relicensure shall comply with the supervisory requirements in R 338.2941(3)(b) to R 338.2941(3)(h).

PART 4. MASTER’S SOCIAL WORKER REQUIREMENTS R 338.2947 Limited master's social worker license requirements. Rule 47. (1) An applicant for a limited master's social worker license shall submit a completed application on a form provided by the department, together with the required fee. In addition to meeting the requirements of the code and administrative rules promulgated under the code, an applicant for a limited license shall meet all of the following requirements: (a) Graduation from a master's degree program from an accredited school of social work that complies with the standards in R 338.2923 or certification from the school of the applicant's eligibility for graduation. (b) Practice under the supervision of a master's social worker. (c) Compliance with the supervision requirements in R 338.2949.

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(d) Confinement of practice to an agency, health facility, institution, or other entity pre-approved by the board under section 18506 of the code, MCL 333.18506. An agency is considered approved by the board where the agency utilizes licensed master’s social workers who engage in the practice of social work at the master’s level as defined in section 18501 of the code, MCL 333.18501. (2) The limited license shall be is issued for 1 year and may be renewed for not more than 6 years. (3) A limited license for supervised practice for relicensure pursuant to R 338.2955 is issued for 1 year and may be renewed for not more than 6 years. R 338.2949 Master’s social worker license requirements; generally. Rule 49. (1) An applicant for a master’s social worker license shall submit a completed application on a form provided by the department, together with the required fee. Additionally, the experience for a master's social worker license shall must meet all of the following requirements, in addition to meeting the requirements of either R 338.2951, or R 338.2953, or both, as applicable: (a) The experience shall must be completed under the supervision of a Michigan-licensed master's social worker or a person who holds the equivalent license, certificate, or registration from the state in which the experience was obtained. The supervisor shall hold his or her license, certificate, or registration in good standing during the period of supervision. (b) The applicant shall meet with his or her supervisor using any of the following methods: (i) Individually and in person. (ii) Individually using a telecommunications method that provides for live and simultaneous contact. (iii) In a group modality that provides for 50% of the supervision to include individual contact during which active work functions and records of the applicant are reviewed. (c) Supervisory review shall must be conducted for at least 4 hours per month with at least 2 hours being conducted between the applicant and the supervisor using either of the following methods: (i) Individually and in person. (ii) Individually using a telecommunications method that provides for live and simultaneous contact. (d) Not more than 2,000 2,080 hours of acceptable experience shall must be accumulated in any 1 calendar year. (e) The experience shall must be accumulated at not less than 16 hours per week but not more than 40 hours per week. (f) The applicant shall function as a master's social worker using generally accepted applications of social work knowledge and techniques acquired during the applicant's education and training. (2) An applicant for licensure or a licensee may add a second master's level social work specialty designation by completing both of the following requirements: (a) The applicant shall complete an additional 2,000 hours of post-degree social work experience, accrued over not less than 1 year, in the second specialty designated area with at least 50 hours of supervisory review. (b) In addition to the experiential requirement in subdivision (a) of this subrule, an applicant for licensure or a licensee may add a second master’s level social work designation by completing and passing the appropriate examination for that designation. This subdivision takes effect 1 year after promulgation of this rule. R 338.2951 Master’s social worker license; macro designation. Rule 51. (1) An applicant for the license with a macro designation shall meet all of the following requirements: (a) Graduation from a master's or doctoral degree program from an accredited school of social work that complies with the standards in R 338.2923. The experience shall must be earned after completion

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of all the requirements for graduation as verified by the program. The license shall not be issued until graduation from the program is confirmed. (b) Successful completion of the advanced generalist examination in R 338.2925. (c) Completion of at least 4,000 hours of post-degree social work experience accrued over not less than 2 years, as required in section 18509 of the code, MCL 333.18509. (d) Qualifying experience for the macro designation shall must be completed in either or both of the following areas: (i) Administration, management, and supervision of human service organizations, including the translating of laws and administrative rulings into organizational policy and procedures; collaboration, coordination, mediation, and consultation between and among organizations, disciplines and communities; community organizing and development; research and evaluation; the seeking of social justice through the legislative process or the social action and advocacy processes; the improvement of social conditions through social planning and policy formulations; and, social work education and training. (ii) The advanced application of macro social work processes and systems to improve the social or health services of communities, groups, or organizations through planned interventions. R 338.2953 Master’s social worker license; clinical designation. Rule 53. An applicant for licensure with a clinical practice designation shall meet all of the following requirements: (a) Graduation from a master's or doctoral degree program from an accredited school of social work that complies with the standards in R 338.2923. (b) Successful completion of the clinical examination in R 338.2925. (c) Completion of at least 4,000 hours of post-degree social work experience accrued over not less than 2 years, in accordance with section 18509 of the code, MCL 333.18509. (d) Completion of qualifying experience for the clinical practice designation shall must include 1 or more of the following activities: assessment, treatment, and intervention methods that utilize a specialized and formal interaction between a social worker and an individual, a couple, a family, or a group in which a professional relationship is established; advocating for care; protecting the vulnerable; providing forensic practice functions; increasing social well-being; providing education, and resources; providing psychotherapy; providing case management for complex and high-risk cases; serving on community committees; and, providing clinical supervision or direction of clinical programs. R 338.2955 Relicensure of master's social worker. Rule 55. (1) An applicant whose license has lapsed may be relicensed upon submission of the appropriate documentation: For a licensed master’s social worker who has let his or her Michigan license lapse and is not currently licensed in another state.

Lapsed 0-3 years

Lapsed more than 3 years, but less than 7 years

Lapsed more than 7 years or more

(a) Application and fee: submit a completed application on a form provided by the department, together with the required fee.

√

√

√

(b) Good moral character: establish √ √ √

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that he or she is of good moral character as defined under section (1) to (7) of 1974 PA 381, MCL 338.41 to 338.47.

(c) Fingerprints: submit fingerprints as required under section 16174(3) of the code, MCL 333.16174(3).

√

√

√

(b)(d)

Continuing education: Submit submit proof of having completed 45 hours of continuing education in courses and programs approved by the board, including at least 5 hours in social work ethics and 2 hours in pain and symptom management, as provided under R 338.2961, which was earned within the 3-year period immediately preceding the application for relicensure.

√

√

√

(c)(e) Supervised practice: Completion completion of 1,000 hours of practice under the supervision of a licensed master’s social worker of the same designation, where applicable, described in subrules 2 and (3) of this rule, R 338.2951, and R 338.2953.

√

√

(d)(f) Examination: Passage passage of the applicable examination adopted in R338.2925 within 1 year before application for relicensure.

√

(2) Supervised practice must be earned under a limited license pursuant to R 338.2947. (3) A licensee with a limited license for supervised practice for relicensure shall comply with the supervisory requirements in R 338.2949(1)(a) to R 338.2949(1)(f). R 338.2957 Licensure by endorsement. Rule 57. (1) An applicant for licensure by endorsement shall submit a completed application on a form provided by the department, together with the required fee. An applicant for licensure by endorsement who satisfies all of the requirements of this rule shall be is deemed to meet the requirements of section 16186 of the code, MCL 333.16186. (2) An applicant who holds a license from another jurisdiction is eligible for licensure if the requirements are substantially equivalent to the requirements in Michigan this state, as determined by the board. (3) The license, whether currently active or expired, shall must be in good standing at the time of application. (4) An applicant’s license shall must be verified by the licensing agency of all other states of the United States in which the applicant holds a current license or ever held a license as a social worker. If

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applicable, verification shall must include the record of any disciplinary action taken or pending against the applicant.

PART 5. CONTINUING EDUCATION

R 338.2961 License renewals; continuing education requirements. Rule 61. (1) An applicant for license renewal who has been licensed for the 3-year period immediately preceding the expiration date of the license shall accumulate not less than 45 continuing education contact hours that are approved by the board under R 338.2963 during the 3 years immediately preceding an application for renewal immediately preceding the date of renewal. At least 5 of the 45 continuing education contact hours in each renewal period shall must be in ethics and 2 continuing education contact hours in each renewal period shall must be in pain and pain symptom management. Continuing education contact hours in pain and pain symptom management may include, but are not limited to, courses in behavior management, psychology of pain, behavior modification, and stress management. (2) Submission of an application for renewal shall constitutes the applicant's certification of compliance with the requirements of these rules. A licensed master's or licensed bachelor's social worker shall retain documentation of meeting the requirements of this rule for a period of 4 years from the date of applying for license renewal. The board may require an applicant or licensee to submit evidence to demonstrate compliance with this rule. Failure to comply with this rule is a violation of section 16221(h) of the code, MCL 333.16221(h). (3) The department shall receive a request for a waiver under section 16205 of the code, MCL 333.16205, before the expiration date of the license. R 338. 2963 Acceptable continuing education; limitations. Rule 63. (1) One half of the required continuing education contact hours must be completed in person using live, synchronous contact. The remaining continuing education contact hours may be completed in any other approved format. (2) The board shall consider any of the following as acceptable continuing education: ACCEPTABLE CONTINUING EDUCATION

ACCEPTABLE CONTINUING EDUCATION (a) Attendance at a continuing education

program that complies with the standards in R 338.2965. If audited, a licensee shall submit a copy of a letter or certificate of completion showing the licensee’s name, number of credits earned, sponsor name or the name of the organization that approved the program or activity for continuing education credit, and the date or dates on which the program was held or activity completed.

Contact hours may be earned without limitation under this subrule.

(b) Three continuing education contact hours Three continuing education contact hours

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may be earned for each 60 minutes of presentation Presentation of a continuing education program that is not part of the licensee’s regular job description which complies with the standards in R 338.2965. If audited, a licensee shall submit a letter from the program sponsor confirming the licensee as the presenter and the presentation date and time, or a copy of the presentation notice or advertisement showing the date of the presentation, the licensee’s name listed as a presenter, and the name of the organization that approved or offered the presentation for continuing education credit.

may be earned for each 60 minutes of presentation. Credit may be earned for the same program only once in each renewal period. A maximum of 15 continuing education contact hours may be earned per licensure cycle.

(c) Academic courses related to the practice of social work offered in an educational program approved by the board under R 338.2923. If audited, the licensee shall submit an official transcript documenting successful completion of the course.

5 Five continuing education contact hours earned for each semester credit. 3 continuing education contact hours may be earned for each quarter credit earned. Contact hours may be earned without limitation.

(d) Attendance at a continuing education program that has been granted approval by another state board of social work or the ASWB-ACE. If audited, a licensee shall submit a copy of a letter or certificate of completion showing the licensee’s name, number of credits earned, sponsor name or the name of the organization that approved the program or activity for continuing education credit, and the date or dates on which the program was held or activity completed.

Continuing education contact hours may be earned without limitation.

(e) Attendance at a continuing education program related to the practice of social work offered by an educational program approved by the board under R 338.2923. If audited, a licensee shall submit a copy of a letter or certificate of completion showing the licensee’s name, number of

Continuing education contact hours may be earned without limitation.

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credits earned, sponsor name or the name of the organization that approved the program or activity for continuing education credit, and the date or dates on which the program was held or activity completed.

(f) Publication in a peer reviewed journal or textbook of an article or chapter related to the practice of social work. If audited, a licensee shall submit a copy of the publication that identifies the licensee as the author of the chapter or a publication acceptance letter.

10 Ten continuing education contact hours may be earned for publication in a journal or textbook, with a maximum of 10 contact hours per licensure cycle.

R 338.2965 Continuing social work education programs; methods of approval. Rule 65. (1) The board approves and adopts by reference the standards of the Association of Social Work Boards ASWB for approved continuing education (ACE) providers set forth in the publication entitled “Approved Continuing Education Program ACE Provider Guidelines,” effective March 6, 2012 revised June, 15, 2016, which is available for inspection and distribution at cost from the Board of Social Work, Bureau of Professional Licensing, Department of Licensing and Regulatory Affairs, Ottawa Building, 611 West Ottawa, P.O. Box 30670, Lansing, MI 48909, or from the Association of Social Work Boards ASWB, 400 South Ridge Parkway, Suite B, Culpeper, VA 22701 and at no cost on the association's website at https://www.aswb.org. (2) The board approves and adopts by reference the standards of the Association of Social Work Boards ASWB for approved continuing education co-sponsorship set forth in the publication entitled “ACE Resource Co-Sponsorship Policy,” effective November 13, 2013 September 1, 2017, which is available for inspection and distribution at cost from the Board of Social Work, Bureau of Professional Licensing, Department of Licensing and Regulatory Affairs, Ottawa Building, 611 West Ottawa, P.O. Box 30670, Lansing, MI 48909, or from the Association of Social Work Boards, 400 South Ridge Parkway, Suite B, Culpeper, VA 22701 and at no cost on the association’s website at https://www.aswb.org. (3) The board approves any continuing education contact hours offered by a school of social work meeting the requirements of R 338.2923 and meeting the standards of subrule (1) of this rule. (4) A course or program may be reviewed and approved by the board or any organization that has been authorized by the board to approve such courses or programs. (5) A course or program reviewed and approved by the board or its designee shall must comply with the following program requirements: (a) The content or activity of a course or program shall must cover 1 or more of the following topics: (i) Theories and concepts of human behavior in the social environment. (ii) Social work practice, knowledge, and skills. (iii) Social work research, program evaluation, or practice evaluation. (iv) Social work agency management or administration. (v) Development, evaluation, or implementation of social policy. (vi) Social work ethics and standards of professional practice. (vii) Current issues in clinical or macro social work practice.

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(viii) Cultural competence and diversity. (b) An outline of the course or program shall must be provided. (c) The qualifications of individuals presenting a course or program shall must be provided. (d) The method used to deliver the course or program shall must be described. (e) Measurements of pre-knowledge and post- knowledge or skill improvements shall must be3 defined. (f) The monitoring of attendance at a course or program shall must be required. (g) Records of course attendance that show the date of a program or course, its location, the credentials of the presenters, rosters of individuals who were in attendance, and continuing education contact hours awarded to each attendee shall must be maintained. (h) A program or course shall award a participant shall be awarded a certificate or written evidence of attendance at a program or course that indicates the participant's name, date and location of program, sponsor or program approval number, and hours of continuing education earned.

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NOTICE OF PUBLIC HEARING

Department of Licensing and Regulatory Affairs

Bureau of Professional Licensing NOTICE OF PUBLIC HEARING

June 25, 2018 9:00 a.m.

Location: G. Mennen Williams Building Auditorium 525 W. Ottawa Street, Lansing, Michigan

The hearing is held to receive public comments on the following administrative rules: Audiology - General Rules (ORR 2018-015 LR)

Authority: MCL 333.16145, MCL 333.16148, MCL 333.16801, and MCL 333.16811 Overview: The proposed changes include amending the human trafficking rule to include a date of promulgation; removing the automatic licensure by endorsement for audiologists who are currently certified as an audiologist by the Canadian Association of Speech-Language Pathologists and Audiologists or audiologists who are currently licensed or registered to practice in Canada; amending licensure requirements for a foreign-trained applicant to require applicants to have successfully completed an audiology curriculum that is substantially equivalent to a curriculum defined in the rules; requiring foreign graduates to obtain an educational evaluation by an organization that is a current member organization of the National Association of Credential Evaluation Services and provide evidence of licensure by another country; setting the minimum requirement for the Test of English as a Foreign Language; updating accreditation standards for audiology educational programs that are adopted by reference; amending the relicensure requirements to require applicants to provide fingerprints and establish good moral character; limiting the amount of hours of continuing education a licensee may earn in a 24-hour period; prohibiting receipt of continuing education credit for a program or activity that is identical or substantially identical to a program or activity the licensee has already earned credit for during that license cycle; requiring at least one hour of continuing education credit in pain and symptom management; and updating accreditation standards for audiology continuing education programs that are adopted by reference.

Board of Social Work – General Rules (ORR 2017-094 LR)

Authority: MCL 333.16145, MCL 333.16148, MCL 333.18516, and MCL 333.18518 Overview: The proposed changes include: amending and updating educational standards and required examination information; amending the number of supervised work experience hours an applicant for social service technician registration, bachelor’s of social worker licensure, or master’s of social worker licensure may accumulate in a calendar year; amending the limited bachelor’s social worker license and limited master’s social worker licensure requirements to permit an individual to accumulate the required supervised practice for relicensure after lapse; amending the requirements for bachelor’s of social worker and master’s of social workers relicensure; amending the requirements of registration or licensure by endorsement for a social service technician, bachelor’s of social worker, and master’s of social worker; and amending continuing education requirements for bachelor’s of social worker and master’s of social worker license renewal and relicensure. The rules will take effect immediately upon filing with the Secretary of State, unless specified otherwise in the rules. Comments on the proposed rules may be presented in person at the public hearing. Written

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comments will also be accepted from date of publication until 5:00 p.m. on June 25, 2018, at the following address or e-mail address:

Department of Licensing and Regulatory Affairs Bureau of Professional Licensing– Boards and Committees Section P.O. Box 30670 Lansing, MI 48909-8170 Attention: Policy Analyst Email: [email protected]

A copy of the proposed rules may be obtained by contacting Board Support at (517) 241-7500 or the email address noted above. Electronic copies also may be obtained at the following link: http://dmbinternet.state.mi.us/DMB/DTMBORR/AdminCode.aspx?AdminCode=Department&Dpt=LR&Level_1=Bureau+of+Professional+Licensing The meeting site and parking are accessible to people with disabilities. Individuals attending the meeting are requested to refrain from using heavily scented personal care products, in order to enhance accessibility for everyone. People with disabilities requiring additional accommodations (such as materials in alternative format) in order to participate in the meeting should call (517) 241-7500).

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PROPOSED ADMINISTRATIVE RULES


DIRECTOR'S OFFICE

AUDIOLOGY - GENERAL RULES

Filed with the Secretary of State on These rules become effective immediately upon filing with the Secretary of State unless adopted under Section section 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. (By authority conferred on the director of the department of licensing and regulatory affairs by sections 16145(3), 16148, and 16801, and 16811 of 1978 PA 368, MCL 333.16145(3), MCL 333.16148, and 333.16801, and 333.16811, and Executive Reorganization Order Nos. 1996-1, 1991-9, 1996-2, 2003-1 and 2011-4, MCL 330.3101, 338.3501, 445.2001, 445.2011, and 445.2030) R 338.1, R 338.1a, R 338.2, R 338.3, R 338.5, R 338.6, R 338.8, R 338.9, R 338.10, R 338.11, and R 338.12 of the Michigan Administrative Code are amended to read as follows:

PART 1. GENERAL PROVISIONS

R 338.1 Definitions. Rule 1. (1) As used in these rules: (a) "Board" means the Michigan board of audiology created under section 16805 of the code, MCL 333.16805. (b) "Code" means 1978 PA 368, MCL 333.1101 to 333.25211, also known as the public health code. (c) "Department" means the department of community health licensing and regulatory affairs. (d) "Endorsement" means the acknowledgement that the licensing criteria in 1 jurisdiction is substantially equivalent to the criteria established and described in section 16186 of the code, MCL 333.16186. (2) Except as otherwise defined in these rules, the terms defined in the code have the same meaning when used in these rules. R 338.1a Training standards for identifying victims of human trafficking; requirements. Rule 1a. (1) Pursuant to section 16148 of the code, MCL 333.16148, an individual licensed or seeking licensure shall complete training in identifying victims of human trafficking that meets the following standards: (a) Training content shall cover all of the following: (i) Understanding the types and venues of human trafficking in Michigan or the United States. (ii) Identifying victims of human trafficking in health care settings.

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(iii) Identifying the warning signs of human trafficking in health care settings for adults and minors. (iv) Resources for reporting the suspected victims of human trafficking. (b) Acceptable providers or methods of training include any of the following: (i) Training offered by a nationally recognized or state-recognized, health-related organization. (ii) Training offered by, or in conjunction with, a state or federal agency. (iii) Training obtained in an educational program that has been approved by the board for initial licensure, or by a college or university. (iv) Reading an article related to the identification of victims of human trafficking that meets the requirements of subrule (1)(a) of this rule and is published in a peer review journal, health care journal, or professional or scientific journal. (c) Acceptable modalities of training may include any of the following: (i) Teleconference or webinar. (ii) Online presentation. (iii) Live presentation. (iv) Printed or electronic media. (2) The department may select and audit a sample of individuals and request documentation of proof of completion of training. If audited by the department, an individual shall provide an acceptable proof of completion of training, including either of the following: (a) Proof of completion certificate issued by the training provider that includes the date, provider name, name of training, and individual’s name. (b) A self-certification statement by an individual. The certification statement shall include the individual’s name and either of the following: (i) For training completed pursuant to subrule (1)(b)(i) to (iii) of this rule, the date, training provider name, and name of training. (ii) For training completed pursuant to subrule (1)(b)(iv) of this rule, the title of article, author, publication name of peer review journal, health care journal, or professional or scientific journal, and date, volume, and issue of publication, as applicable. (3) Pursuant to section 16148 of the code, MCL 333.16148, the requirements specified in subrule (1) of this rule apply to for license renewals beginning with the first 2017 renewal cycle after the promulgation of this rule and for initial licenses issued 5 or more years after the promulgation of this rule. April 22, 2021. R 338.2 Application for audiologist license; requirements. Rule 2. (1) An applicant for an audiologist license, in addition to meeting the requirements of the code and the administrative rules promulgated under the code, shall comply with all of the following provisions requirements: (a) Submit a completed application on a form provided by the department, together with the requisite fee. (b) Possess a master's or doctoral degree in audiology from an accredited educational program that is acceptable to the board under R 338.8. (c) Successfully completed a minimum of 9 months of supervised clinical experience in audiology as demonstrated by 1 of the following: (i) For an applicant who possesses a doctor of audiology (au.d) (Au.D.) degree, submission of an official transcript that indicates the awarding of a doctor of audiology (au.d) (Au.D.) degree from an accredited educational institution that is acceptable to the board under R 338.8.

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(ii) For an applicant who possesses either a doctoral or master's degree in audiology, submission of a certification of clinical experience form that indicates that the applicant completed the required supervised clinical experience. (d) Successfully completed an examination in audiology under R 338.7. (2) If an applicant for an audiologist license submits either certification of clinical competence in audiology (ccc-a) (CCC-A) from the American speech-language-hearing association (asha) (ASHA) or board certification in audiology by the American board of audiology (aba) (ABA) that has been held up to September 1, 1995, then it will is presumed that the applicant meets the requirements of subdivisions (b), (c), and (d) of subrule (1) of this rule. R 338.3 Licensure by endorsement; audiologist. Rule 3. (1) An applicant for an audiologist license by endorsement shall submit a completed application on a form provided by the department, together with the requisite fee. In addition to meeting the requirements of the code and the administrative rules promulgated under the code, an applicant shall satisfy the requirements of this rule. (2) If an applicant was registered or licensed as an audiologist in another state with substantially equivalent requirements and holds a current and unencumbered registration or license as a an audiologist in that state, then it will be is presumed that the applicant meets the requirements of section 16811(1)(a) or (b), and (2) or (3) of the code, MCL 333.16811(1)(a) or (b), and (2) or (3). (3) If an applicant does not meet the requirements of subrule (2) of this rule, then the applicant shall meet all of the following, in addition to meeting the requirements of the code: (a) Possess a master's or doctoral degree in audiology from an accredited educational program that is acceptable to the board under R 338.8. (b) Have successfully completed a minimum of 9 months of supervised clinical experience in audiology. (c) Have successfully completed an examination in audiology under R 338.7. (d) Verify that the registration or license from the other jurisdiction located in another state or territory of the United States, whether current or expired, is in good standing. (e) In place of subdivisions (a), (b) and (c) of this subrule, submit certification of clinical competence in audiology (ccc-a) (CCC-A) from the American speech-language-hearing association (asha) (ASHA) or board certification in audiology by the American board of audiology (aba). (ABA). (4) If the applicant is a Canadian registered audiologist who is currently certified as a audiologist by the Canadian association of speech language pathologists and audiologists (caslpa) or who is currently licensed or registered to practice in Canada, and the license or registration is active and has not been sanctioned, then it will be presumed that the applicant meets the requirements of section 16811(1)(a) or (b) and (2) or (3) of the code. R 338.5 Clinical experience requirements. Rule 5. (1) The 9 months of supervised clinical experience required for licensure in R 338.2 (1)(c), R 338.3 (3)(b), and R 338.4(2) shall comply with the following requirements: (a) The experience shall be obtained under the supervision of a licensed or certified audiologist. (b) The experience shall be full time, which means at least 30 hours per week, and be obtained within 24 consecutive months. (c) The experience shall be obtained postgraduate degree and be completed within 24 consecutive months following the awarding of the degree.

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(2) The supervised clinical experience required under subrule (1) of this rule may be fulfilled on a part-time basis and shall comply with the following requirements: (a) The experience shall be obtained under the supervision of a licensed or certified audiologist. (b) The experience shall be part time, which means at least 15 hours per week., and be obtained within 36 consecutive months. (c) The experience shall be obtained postgraduate degree and be completed within 36 consecutive months following the awarding of the degree. R 338.6 Foreign trained applicants; licensure requirements. Rule 6. An applicant for an audiologist license who graduated from a postsecondary institution that is located outside of the United States shall establish all of the following: (a) That the applicant has completed an educational degree program in audiology that is substantially equivalent to the educational requirements in R 338.2(1)(b) for licensure or R 338.3(3)(a) for licensure by endorsement. The department shall accept as proof of an applicant's completion of the educational requirements a credential evaluation completed by a credential evaluation organization that is a current member organization of the National Association of Credential Evaluation Services (NACES). (i) The department shall accept as proof of an applicant's completion of the educational requirements a credential evaluation completed by a recognized and accredited credential evaluation agency. (b) That the applicant is authorized to practice as an audiologist without limitation in the a legal jurisdiction country currently recognized by the United States. where the postsecondary institution from which the applicant has graduated is located or that he or she is authorized to practice as an audiologist in the legal jurisdiction where the applicant is a citizen. An applicant shall have his or her license, certification, or registration verified by the licensing agency of any country in which the applicant holds a current license, certification, or registration or has ever held a license, certification, or registration as an audiologist. If applicable, verification shall include the record of any disciplinary action taken or pending against the applicant. (c) That the applicant whose audiology educational program was taught in a language other than English demonstrates a working knowledge of the English language. To demonstrate a working knowledge of the English language, an applicant shall document establish that he or she has obtained a scaled total score of not less than 550 80 on the paper-based test or a scaled score of not less than 213 on the computer-based test of English as a foreign language internet-based test (TOEFL-IBT) that is administered by the educational testing service and obtained a score of not less than 50 on the test of spoken English that is administered by the educational testing service, or a successor examination that assesses all of the following: the following section scores: (i) Reading comprehension. Not less than 18 on the reading section. (ii) Speaking skills. Not less than 18 on the listening section. (iii) Listening skills. Not less than 22 on the speaking section. (iv) The ability to write clearly, using complete sentences with correct spelling, punctuation, and word usage. Not less than 20 on the writing section. (d) That the applicant has completed, in the United States, 9 months of supervised clinical experience under a licensed audiologist, or the equivalent, and the supervised clinical experience meets R 338.5. R 338.8 Educational standards; adoption by reference.

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Rule 8. (1) The board adopts by reference in these rules the standards of either of the following organizations: (a) The council on academic accreditation in audiology and speech language pathology (caa) for the accreditation of audiology education programs as in the publication entitled "Standards for Accreditation of Graduate Education Programs in Audiology and Speech-Language Pathology," May 2004, August 2017, which is available from the American Speech-Language-Hearing Association, 10801 Rockville Pike, 2200 Research Boulevard, #310, Rockville, MD 20852 20850 at no cost from the association's website at http://www.asha.org/about/academia/accreditation/standards.htm. https://caa.asha.org/wp-content/uploads/Accreditation-Standards-for-Graduate-Programs.pdf. A copy of the standards also is available for inspection and distribution at cost from the Board of Audiology, Bureau of Health Professions, Professional Licensing, Michigan Department of Community Health, Licensing and Regulatory Affairs, 611 West Ottawa, Street, Lansing, MI 48909. Completion of an accredited audiology education program at the level required by the code shall be evidence of completion of a program acceptable to the department and approved by the board. Any other program that is submitted by an applicant shall be evaluated by the board to determine the program's equivalence to the standards of an accredited program. (b) The accreditation commission for audiology education (acae) (ACAE) for the accreditation of doctor of audiology programs as in the publication entitled "Accreditation Standards for the Doctor of Audiology (Au.D.) Program", adopted March 2005 2016, which is available at no cost from the Accreditation Commission for Audiology Education, 1718 M Street, NW #297, Washington, D.C. 20036-4504 11480 Commerce Park Dr., Ste. 220, Reston, VA 20191 or at no cost from the commission's website at www.acaeaccred.org. http://acaeaccred.org/standards/. Copies of the standards are available for inspection and distribution at cost from the Board of Audiology, Bureau of Health Professions Professional Licensing, Michigan Department of Community Health Licensing and Regulatory Affairs, 611 West Ottawa, Street, Lansing, MI 48909. (2) A higher education institution is considered approved by the board if it is accredited by the accrediting body of the region in which the institution is located and the accrediting body meets either the recognition standards and criteria of the council for higher education accreditation or the recognition procedures and criteria of the United States department of education. The board adopts by reference the recognition standards and criteria of the council for higher education accreditation (chea), (CHEA), effective January 1999, June 28, 2010, and the procedures and criteria for recognizing postsecondary accrediting agencies of the U.S. United States department of education, effective July 1, 2000. 2010, as contained in Title 34, Part 602 of the Code of Federal Regulations, CFR 34 §§ 602.10 to 602.38. Copies of the standards and criteria of the council for higher education accreditation (CHEA) and the U.S. United States department of education are available for inspection and distribution at cost from the Board of Audiology, Bureau of Health Professions Professional Licensing, Department of Community Health Licensing and Regulatory Affairs, 611 West Ottawa, Street, P.O. Box 30670, Lansing, MI 48909. The chea CHEA recognition standards also may be obtained from the Council for Higher Education Accreditation, One Dupont Circle NW, Suite 510, Washington, DC 20036-1110, or from the council's website at http://www.chea.org at no cost. The federal recognition criteria may be obtained from the U.S. Department of Education Office of Postsecondary Education, 1990 K Street, NW, Washington, DC 20006 or from the department's website at http://www.ed.gov/about/offices/list/OPE/index.html at no cost. (3) The board adopts by reference the standards of the following postsecondary accrediting organizations, which may be obtained from the individual accrediting organization at the identified cost. Copies of these standards also are available for inspection and distribution at cost from the Michigan

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Board of Audiology, Bureau of Health Professions, Department of Community Health, 611 West Ottawa, P.O. Box 30670, Lansing, MI 48909. (a) The standards of the Middle States Commission on Higher Education, 3624 Market Street, Philadelphia, PA 19104, in the document entitled "Characteristics of Excellence in Higher Education: Eligibility Requirements and Standards for Accreditation," 2002 edition, which is available free of charge on the association's website at http://www.msche.org or for purchase at a cost of $7.40 as of the time of adoption of these rules. (b) The standards of the New England Association of Schools and Colleges, Inc., Commission on Institutions of Higher Education, 209 Burlington Road, Bedford, MA 07130, in the document entitled "Standards for Accreditation," 2001 edition, which is available free of charge on the association's website at http://www.neasc.org. (c) The standards of the North Central Association of Colleges and Schools, the Higher Learning Commission, 30 North LaSalle Street, Suite 2400, Chicago, IL 60602, in the document entitled "Handbook of Accreditation," 2003 edition, which is available for purchase through the association's website at http://www.ncahigherlearningcommission.org at a cost of $30.00 as of the time of adoption of these rules. (d) The standards of the Northwest Association of Schools, Colleges, and Universities, the Commission on Colleges and Universities, 8060 165th Avenue NE, Suite 100, Redmond, WA 98052, in the document entitled "Accreditation Handbook," 2003 edition, which is available for purchase through the association's website at http://www.nwccu.org at a cost of $20.00 as of the time of adoption of these rules. (e) The standards of the Southern Association of Colleges and Schools, Commission on Colleges, 1866 Southern Lane, Decatur, GA 30033, in the document entitled "Principles of Accreditation: Foundation for Quality Enhancement", January 2004, which is available free of charge on the association's website at http://www.sacscoc.org or for purchase at a cost of $12.00 for members and $24.00 for nonmembers as of the time of adoption of these rules. (f) The standards of the Western Association of Schools and Colleges, the Accrediting Commission for Senior Colleges and Universities, 985 Atlantic Avenue, Suite 100, Alameda, CA 94501, in the document entitled "2001 Handbook of Accreditation," which is available free of charge on the commission's website at http://www.wascweb.org or for purchase at a cost of $15.00 for member institutions and $20.00 for nonmember institutions as of the time of adoption of these rules. (g) The standards of the Western Association of Schools and Colleges, Accrediting Commission for Community and Junior Colleges, 10 Commercial Blvd., Suite 204, Novato, CA 94949 in the document entitled "Accreditation Reference Handbook", July 2003, which is available free of charge on the commission's website a http://www.wascweb.org. R 338.9 Relicensure. Rule 9. (1) An applicant whose license has been lapsed for less than 3 years preceding the date of application for relicensure may be relicensed under section 16811(5) 16201(3) of the code, MCL 333.16201(3), and upon meeting either if the applicant satisfies all of the following requirements: (a) Providing to the department documentation that the applicant holds an unrestricted license in another state. (a) Submits the required fee and a completed application on a form provided by the department. (b) Providing to the department documentation that the applicant has completed at least 20 hours of board approved continuing education in the 2 years immediately preceding the submission of an application for relicensure.

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(b) Establishes that he or she is of good moral character as defined under sections (1) to (7) of 1974 PA 381, MCL 338.41 to 338.47. (c) Submits proof to the department of accumulating not less than 20 hours of continuing education credit that meets the requirements of R 338.10 and R 338.11 during the 2 years immediately preceding the application for relicensure. (2) An applicant whose license has been lapsed for 3 years or more preceding the date of application for relicensure may be relicensed under section 16811(5) 16201(4) of the code, MCL 333.16201(4), and upon meeting either if the applicant satisfies all of the following requirements: (a) Providing to the department documentation that the applicant holds an unrestricted license or registration in another state. (a) Submits the required fee and a completed application on a form provided by the department. (b) Providing to the department documentation that the applicant has achieved a passing score in the last 2 years on the praxis series II test examination in audiology or any successor examination as provided in R 338.7. (b) Establishes that he or she is of good moral character as defined under sections (1) to (7) of 1974 PA 381, MCL 338.41 to 338.47. (c) Submits fingerprints as required under section 16174(3) of the code, MCL 333.16174(3). (d) Complies with either of the following requirements: (i) Pass an examination required under R 338.7. (ii) Presents evidence to the department that he or she was registered or licensed as an audiologist in another state during the 2-year period immediately preceding the application for relicensure. (3) An applicant shall have his or her license, certification, or registration verified by the licensing agency of any state of the United States in which the applicant holds a current license, certification, or registration or has ever held a license, certification, or registration as an audiologist. If applicable, verification shall include the record of any disciplinary action taken or pending against the applicant. R 338.10 License renewal; and relicensure; continuing education requirements. requirements; applicability. Rule 10. (1) An applicant for license renewal who has been licensed for the 2-year period immediately preceding the expiration date of the license or an applicant for relicensure shall accumulate not less than 20 continuing education clock hours that are approved by the board under these rules during the 2 years preceding an application for renewal or relicensure. This rule applies to applications for renewal of an audiology license under sections 16201 and 16811 of the code, MCL 333.16201 and 333.16811. (2) An applicant for license renewal who has been licensed for the 2-year period immediately preceding the expiration date of the license shall accumulate not less than 20 hours of continuing education in activities approved by the board under these rules during the 2 years immediately preceding the application for renewal. (2) (3) Submission of an application for renewal or relicensure shall constitute the applicant's certification of compliance with the requirements of this rule. An A applicant licensee for renewal or relicensure shall retain documentation of meeting the requirements of this rule for a period of 3 4 years from the date of applying for license renewal. or relicensure. Failure to comply with this rule shall be is a violation of section 16221(h) of the code., MCL 333.16221(h).

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R 338.11 Acceptable continuing education; requirements; limitations. Rule 11. (1) The board shall consider any of the following as acceptable continuing education: The 20 hours of continuing education required pursuant to R 338.10(2) for the renewal of an audiology license shall comply with the following: (a) For the purpose of this rule, "instruction" means education time, exclusive of coffee breaks; breakfast, luncheon, or dinner periods; or, any other breaks in the program. (b) One continuing education clock hour shall be earned for each 50 to 60 minutes of participation at a continuing education program that complies with the standards in R 338.12. (b) Not more than 10 hours of continuing education shall be earned during a 24-hour period. (c) Three continuing education clock hours shall be earned for each 50 to 60 minute presentation of a continuing education program given as a regional, state, national, or international professional presentation. The presentation shall not be part of the licensee's regular job description and shall comply with the standards in R 338.12. Credit shall be earned for the same program only once in each renewal period. A maximum of 9 continuing education clock hours shall be earned under this subrule. (c) A licensee shall not earn credit for a continuing education program or activity that is identical or substantially identical to a program or activity the licensee has already earned credit for during that license cycle. (d) Five continuing education clock hours shall be earned for each semester credit earned for academic courses related to the practice of audiology offered in an educational program approved by the board under R 338.8. (d) Pursuant to section 16204 of the code, MCL 333.16204, at least 1 hour of continuing education shall be earned in the area of pain and symptom management. Continuing education hours in pain and symptom management may include, but are not limited to, courses in behavior management, behavior modification, stress management, and clinical applications, as they relate to professional practice under sections 16801 to 16811 of the code, MCL 333.16801 to MCL 333.16811. The requirement specified in this subrule applies to license renewals beginning with the first renewal cycle after the promulgation of this amended rule. (e) Three continuing education clock hours shall be earned for each term or quarter credit earned for academic courses related to the practice of audiology offered in an educational program approved by the board under R 338.8. (f) One continuing education clock hour shall be earned for each 50 to 60 minutes of program attendance, without limitation, at a continuing education program that has been granted approval by another state board of audiology. (g) One hour of continuing education shall be earned for each 50 to 60 minutes of program attendance, without limitation, at a continuing education program approved by the board under R 338.12. (h) A maximum of 5 continuing education clock hours shall be earned for publication, in a peer-reviewed audiology journal or textbook, of an article or chapter related to the practice of audiology. (i) A maximum of 5 continuing education clock hours shall be earned for each 50 to 60 minutes used in reading an audiology professional journal and successfully completing an evaluation created for continuing education credit in audiology practice education. (j) A maximum of 5 continuing education clock hours shall be earned for each 50 to 60 minutes of attendance at a program approved by the board of medicine or the board of osteopathic medicine related to audiology practice. (k) A maximum of 2 continuing education hours shall be earned for participation on a state or national committee, council, or board of a state or national audiology association, deemed acceptable by the board of audiology.

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(2) The board shall consider the following as acceptable continuing education:

ACCEPTABLE CONTINUING EDUCATION ACTIVITIES Activit

y Code

Activity and Proof Required Number of continuing education hours granted/permitted per activity

a Initial presentation of a continuing education program related to the practice of audiology provided to a state, regional, national, or international audiology organization. To receive credit, the presentation shall not be a part of the licensee's regular job description and shall comply with the standards in R 338.12. If audited, the licensee shall submit a copy of the presentation notice or advertisement showing the date of the presentation, the licensee’s name listed as a presenter, and the name of the organization that approved or offered the presentation for continuing education credit.

Three hours of continuing education shall be granted for each 50 to 60 minutes of presentation. No additional credit shall be granted for preparation of a presentation. A maximum of 9 hours of continuing education may be earned for this activity in each renewal period. Pursuant to R 338.11(1)(c), credit for a presentation shall be granted once per renewal period.

b Initial presentation of a scientific exhibit, paper, or clinical demonstration to an audiology organization. To receive credit, the presentation shall not be part of the licensee’s regular job description or performed in the normal course of the licensee’s employment. If audited, the licensee shall submit a copy of the document presented with evidence of presentation or a letter from the program sponsor verifying the length and date of the presentation.

Two hours of continuing education shall be granted for each 50 to 60 minutes of presentation. No additional credit shall be granted for preparation of a presentation. A maximum of 6 hours of continuing education may be earned for this activity in each renewal period. Pursuant to R 338.11(1)(c), credit for a presentation shall be granted once per renewal period.

c Passing a postgraduate academic course related to the practice of audiology offered in an educational program approved by the board under R 338.8. If audited, the licensee shall submit an official transcript documenting successful completion of the course.

Five hours of continuing education shall be granted for each academic credit hour passed. Three hours of continuing education shall be granted for each academic term or quarter credit hour passed.

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A maximum of 20 hours of continuing education may be earned for this activity in each renewal period.

d Attendance at a continuing education program that has been granted approval by the board under R 338.12. If audited, the licensee shall submit a program description, a copy of a letter or certificate of completion showing the licensee’s name, number of continuing education hours earned, sponsor name or the name of the organization that approved the program or activity for continuing education credit, and the date on which the program was held or activity completed.

One continuing education clock hour shall be earned for each 50 to 60 minutes of program attendance. A maximum of 20 hours of continuing education may be earned for this activity in each renewal period.

e Attendance at a continuing education program that has been granted approval by another state board of audiology. If audited, the licensee shall submit a program description, a copy of a letter or certificate of completion showing the licensee’s name, number of continuing education hours earned, sponsor name or the name of the organization that approved the program or activity for continuing education credit, and the date on which the program was held or activity completed.


f Initial publication of an article related to the practice of audiology in a non-peer reviewed journal or newsletter. If audited, the licensee shall submit a copy of the publication that identifies the licensee as the author or a publication acceptance letter.

One hour of continuing education shall be granted for each article. A maximum of 5 hours of continuing education may be earned for this activity in each renewal period. Pursuant to R 338.11(1)(c), credit for publication shall be granted once per renewal period.

g Initial publication of a chapter related to the practice of audiology in either of the following:

A professional or health care textbook.

A peer-reviewed journal.

Five hours of continuing education shall be granted for serving as the primary author. Two hours of continuing education shall be granted for serving as the

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If audited, the licensee shall submit a copy of the publication that identifies the licensee as the author or a publication acceptance letter.

secondary author. Pursuant to R 338.11(1)(c), credit for publication shall be granted once per renewal period.

h Reading an audiology professional journal and successfully completing an evaluation created for continuing education credit in audiology practice education. If audited, the licensee shall submit a copy of the publication and the evaluation created for continuing education credit in audiology practice education.

One hour of continuing education shall be granted for each 50 to 60 minutes of this activity. A maximum of 5 hours of continuing education may be earned for this activity in each renewal period.

i Attendance at a program approved by the board of medicine or the board of osteopathic medicine related to audiology practice. If audited, the licensee shall submit a program description, a copy of a letter or certificate of completion showing the licensee’s name, number of continuing education hours earned, sponsor name or the name of the organization that approved the program or activity for continuing education credit, and the date on which the program was held or activity completed.


j Participating on a state or national committee, board, council, or association related to the field of audiology. A committee, board, council, or association is considered acceptable by the board if it enhances the participant’s knowledge and understanding of the field of audiology. If audited, the licensee shall submit documentation verifying the licensee’s participation in at least 50% of the regularly scheduled meetings of the committee, board, council, or association.

Two hours of continuing education shall be granted for each committee, board, council, or association. A maximum of 2 hours of continuing education may be earned for this activity in each renewal period.

R 338.12 Continuing audiology education programs; methods of approval. Rule 12. (1) The board approves and adopts by reference in these rules the standards of the American speech-language-hearing association continuing education board (asha ceb) (ASHA-CEB) for approved

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continuing education providers in the document entitled "ASHA Approved Continuing Education Provider Status Ensuring Quality in Continuing Education", 2002, “American Speech-Language-Hearing Association Continuing Education Board Manual”, August 2015, which is available at no cost from the American Speech-Language-Hearing Association, 10801 Rockville Pike 2200 Research Boulevard, Rockville, MD 20852-3226 20850-3289 or from the association's website at http://www.asha.org/about/continuing-ed https://www.asha.org/ce/for-providers/. A copy of the guidelines also is available for inspection and distribution at cost from the Michigan Board of Audiology, Bureau of Professional Licensing, Department of Community Health Licensing and Regulatory Affairs, 611 West Ottawa, Street, P.O. Box 30670, Lansing, MI 48909. (2) The board approves and adopts by reference in these rules the standards of the American academy of audiology for approved continuing education programs, which are based on the standards of continuing education by the international association for continuing education and training (iacet) entitled "Criteria and Guidelines for Quality Continuing Education and Training Programs: The CEU and Other Measurement Units" 2004, in the document entitled “Continuing Education Algorithm”, September 2015, and are which is available at no cost on the academy's from the American Academy of Audiology, 11480 Commerce Park Drive, Suite 220, Reston, VA 20191 or from the academy’s website at http://www.audiology.org https://audiology.org/professional-development/continuing-education/ce-provider-information/course-approval-requirements. or on the association's website at http://www.iacet.org. A copy of the guidelines also is available for inspection and distribution at cost from the Michigan Board of Audiology, Bureau of Professional Licensing, Department of Community Health Licensing and Regulatory Affairs, 611 West Ottawa, Street, P.O. Box 30670, Lansing, MI 48909. (3) A course or program may be reviewed and approved by the board or any organization that has been authorized by the board to approve such courses or programs. (4) Courses or programs that need to be reviewed and preapproved by the board or its designee shall submit the following: (a) Course content related to current issues in audiology practice. (b) An outline of the course or program provided with time allotted for each section of the program. (c) Documentation of qualifications of presenters. (d) The method for delivering the course or program is described. (e) Defined measurements of pre-knowledge and post-knowledge or skill improvement are included. (f) Participant attendance at program or course is monitored. (g) Records of a course or program are maintained and include the number of participants in attendance, the date of the program, the program's location, the credentials of the presenters, rosters of the individuals who attended, and the continuing education time awarded to each participant. (h) A participant shall receive a certificate or written evidence of attendance at a program that indicates a participant's name, the date of the program, the location of program, the sponsor or program approval number, and the hours of continuing education awarded.

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NOTICE OF PUBLIC HEARING

Department of Licensing and Regulatory Affairs

Bureau of Professional Licensing NOTICE OF PUBLIC HEARING

June 25, 2018 9:00 a.m.

Location: G. Mennen Williams Building Auditorium 525 W. Ottawa Street, Lansing, Michigan

The hearing is held to receive public comments on the following administrative rules: Audiology - General Rules (ORR 2018-015 LR)

Authority: MCL 333.16145, MCL 333.16148, MCL 333.16801, and MCL 333.16811 Overview: The proposed changes include amending the human trafficking rule to include a date of promulgation; removing the automatic licensure by endorsement for audiologists who are currently certified as an audiologist by the Canadian Association of Speech-Language Pathologists and Audiologists or audiologists who are currently licensed or registered to practice in Canada; amending licensure requirements for a foreign-trained applicant to require applicants to have successfully completed an audiology curriculum that is substantially equivalent to a curriculum defined in the rules; requiring foreign graduates to obtain an educational evaluation by an organization that is a current member organization of the National Association of Credential Evaluation Services and provide evidence of licensure by another country; setting the minimum requirement for the Test of English as a Foreign Language; updating accreditation standards for audiology educational programs that are adopted by reference; amending the relicensure requirements to require applicants to provide fingerprints and establish good moral character; limiting the amount of hours of continuing education a licensee may earn in a 24-hour period; prohibiting receipt of continuing education credit for a program or activity that is identical or substantially identical to a program or activity the licensee has already earned credit for during that license cycle; requiring at least one hour of continuing education credit in pain and symptom management; and updating accreditation standards for audiology continuing education programs that are adopted by reference.

Board of Social Work – General Rules (ORR 2017-094 LR)

Authority: MCL 333.16145, MCL 333.16148, MCL 333.18516, and MCL 333.18518 Overview: The proposed changes include: amending and updating educational standards and required examination information; amending the number of supervised work experience hours an applicant for social service technician registration, bachelor’s of social worker licensure, or master’s of social worker licensure may accumulate in a calendar year; amending the limited bachelor’s social worker license and limited master’s social worker licensure requirements to permit an individual to accumulate the required supervised practice for relicensure after lapse; amending the requirements for bachelor’s of social worker and master’s of social workers relicensure; amending the requirements of registration or licensure by endorsement for a social service technician, bachelor’s of social worker, and master’s of social worker; and amending continuing education requirements for bachelor’s of social worker and master’s of social worker license renewal and relicensure. The rules will take effect immediately upon filing with the Secretary of State, unless specified otherwise in the rules. Comments on the proposed rules may be presented in person at the public hearing. Written

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comments will also be accepted from date of publication until 5:00 p.m. on June 25, 2018, at the following address or e-mail address:

Department of Licensing and Regulatory Affairs Bureau of Professional Licensing– Boards and Committees Section P.O. Box 30670 Lansing, MI 48909-8170 Attention: Policy Analyst Email: [email protected]

A copy of the proposed rules may be obtained by contacting Board Support at (517) 241-7500 or the email address noted above. Electronic copies also may be obtained at the following link: http://dmbinternet.state.mi.us/DMB/DTMBORR/AdminCode.aspx?AdminCode=Department&Dpt=LR&Level_1=Bureau+of+Professional+Licensing The meeting site and parking are accessible to people with disabilities. Individuals attending the meeting are requested to refrain from using heavily scented personal care products, in order to enhance accessibility for everyone. People with disabilities requiring additional accommodations (such as materials in alternative format) in order to participate in the meeting should call (517) 241-7500).

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OPINIONS OF THE

ATTORNEY GENERAL MCL 14.32 states in part: “It shall be the duty of the attorney general, when required, to give his opinion upon all questions of law submitted to him by the legislature, or by either branch thereof, or by the governor, auditor general, treasurer or any other state officer” MCL 24.208 states in part: “Sec. 8. (1) The Office of Regulatory Reform shall publish the Michigan register at least once each month. The Michigan register shall contain all of the following:

* * * (j) Attorney general opinions. ”

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OPINIONS OF THE ATTORNEY GENERAL

STATE OF MICHIGAN

BILL SCHUETTE, ATTORNEY GENERAL

CONST 1963, ART 9, § 6: Constitutional limits on tax levies for district libraries.

DISTRICT LIBRARY ESTABLISHMENT ACT:

A millage levied by a district library established under the District Library Establishment Act (DLEA), 1989 PA 24, MCL 397.171 et seq., is not subject to the mill limitations or the 20-year durational limit set forth in article 9, § 6 of the Michigan Constitution. But under section 13 of the DLEA, MCL 397.183, a district library may not levy more than 4 mills and any levy over two mills may be authorized only for a period not to exceed 20 years.

Opinion No. 7303 May 17, 2018

The Honorable John Bizon, M.D. State Representative The Capitol Lansing, MI 48909

You have asked what is the maximum number of years for which voter approval of an operating

tax levy for a district library may be sought, consistent with the limitations set forth in article 9, § 6 of

the Michigan Constitution and the Property Tax Limitation Act, MCL 211.201 et seq.

Your request references a district library that was organized under the District Library

Establishment Act (DLEA), 1989 PA 24, MCL 397.171 et seq., on March 1, 1994.1 In 2001, this district

1 Chapter 397 of the Michigan Compiled Laws includes a number of acts relating to the creation or operation of libraries. See, e.g., Library of Michigan Act, MCL 397.11 et seq.; regional libraries, MCL 397.151 et seq.; city, village, or township libraries, MCL 397.201 et seq.; county libraries, MCL 397.301 et seq.; township and village libraries, MCL 397.321 et seq.; privately-owned libraries, MCL 397.371; and public libraries, MCL 397.453, 397.471-397.472. This opinion addresses only libraries established under the DLEA.

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library proposed a renewal of its millage that purported to remain effective in perpetuity. The proposal

passed overwhelmingly, and the two-mill tax has been levied since that time.1

Your question requires analysis of the interplay between the Michigan Constitution, specifically

article 9, § 6, and the DLEA. Article 9, § 6 imposes limitations on the amount and duration of property

taxation in the “15-18-50 mill/20-year limitation” provision. The first paragraph of § 6 creates the

taxing limitations and provides, in part:

Except as otherwise provided in this constitution, the total amount of general ad valorem taxes . . . in any one year shall not exceed 15 mills . . . . Under procedures provided by law . . . separate tax limitations for any county and for the townships and for school districts therein, the aggregate of which shall not exceed 18 mills . . . may be adopted and thereafter altered by the vote of a majority of the qualified electors of such county . . . . These limitations may be increased to an aggregate of not to exceed 50 mills . . . for a period of not to exceed 20 years at any one time, if approved by a majority of the electors . . . . [Const 1963, art 9, § 6.]

The Legislature implemented the procedure for increasing the tax limitations set forth in the first

paragraph of § 6 in the Property Tax Limitation Act (PTLA), 1933 PA 62, MCL 211.201 et seq.

The second paragraph of § 6 creates two exceptions to the 15-18-50 mill/20 year limitation, and

provides:

The foregoing limitations shall not apply [1] to taxes imposed for the payment of principal and interest on bonds approved by the electors or other evidences of indebtedness approved by the electors or for the payment of assessments or contract obligations in anticipation of which bonds are issued approved by the electors, which taxes may be imposed without limitation as to rate or amount; or [2], subject to the provisions of Section 25 through 34 of this article, to taxes imposed for any other purpose by any city, village, charter county, charter township, charter authority or other authority, the tax limitations of which are provided by charter or by general law. [Const 1963, art 9, § 6.]

1 The tax rate, or millage, is the number of tax dollars a taxpayer must pay for each $1,000 of taxable value. A mill equals one one-thousandth of a dollar ($.001) or $1 of tax for each $1,000 of taxable value. If a local millage is 2 mills and the taxable value of the property is $100,000, the formula would be 2 x 0.001 x $100,000 for a property tax of $200.

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This “nonapplication provision,” as it is sometimes called, excludes certain taxes—those levied

to pay for certain public debts or, subject to certain conditions, imposed by cities, villages, charter

counties, charter townships, charter authorities or other authorities—from the 15-18-50 mill/20-year

limitation so long as an alternative limitation is contained in general law or charter provision. See

Butcher v Grosse Ile Twp, 387 Mich 42, 65 (1972).

In 1989, the Legislature repealed the existing district libraries act, 1955 PA 164, and replaced it

with the DLEA, 1989 PA 24. Very simply, the DLEA authorizes two or more “municipalities” to join

together to provide library services through a “district library,” provided certain criteria are met. MCL

397.173(1).1 An “agreement” creating a district library must include a number of provisions, including

the creation of a district library “board,” MCL 397.174(1)(c), 397.172(b), and must be approved by the

Michigan Department of Education before becoming operative. MCL 397.175; MCL 397.172(c), (l).2

With respect to district libraries established under the former act, 1955 PA 164, the DLEA provided for

their reestablishment under the DLEA if the boards of such district libraries submitted organizational

plans and revised their board structures to conform to the DLEA by May 22, 1990. MCL 397.176. If

the board of a district library complied with those requirements, it would “be considered to be

established pursuant to” the DLEA. Id. Section 24 of the DLEA, MCL 397.194, placed limitations on a

municipality’s ability to withdraw from a district library, including a waiting period and, in most

instances, the requirement of obtaining voter approval.

Relevant to your question, the Legislature provided in the DLEA that a “district library

established pursuant to [the] act constitutes an authority under section 6 of article [9] of the state

1 The term “municipalities” is defined as a “city, village, school district, township, or county.” MCL 397.171(i). 2 As enacted, the DLEA required approval by the “state librarian”; however, those duties were transferred to the Department of Education by Executive Reorganization Order No. 2009-26, and the DLEA was amended to reflect that change by 2015 PA 108.

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constitution of 1963.” MCL 397.177 (emphasis added).1 Thus, in the DLEA the Legislature utilized the

“nonapplication provision” of the second paragraph of article 9, § 6 to exclude a “district library,” as an

“authority,” from the 15-18-50 mill/20-year limitation set forth in the first paragraph of article 9, § 6.

Of course, to do so the Legislature had to ensure that “the tax limitations of” a district library “are

provided by . . . general law.” Const 1963, art 9, § 6. The Legislature did so in various sections of the

DLEA.

In section 12 of the DLEA, the Legislature provided that a district library board has the power to

“[p]ropose and levy upon approval of the electors as provided in this act a tax for support of the district

library.” MCL 397.182(1)(i). Section 13 provides with respect to a levy that:

(2) All or part of the money necessary for the establishment and operation of a district library may be supplied by a tax levied by the district library on the taxable property in the district. A district library shall not levy a tax authorized by this subsection unless the tax is approved as provided in section 15. . . .

(3) A districtwide tax or taxes authorized by subsection (2) shall not exceed 4 mills.

(4) That portion of the total districtwide tax or taxes that exceeds 2 mills shall be authorized to be levied for a period of not more than 20 years. . . . [MCL 397.183(2)–(4), as amended by 1994 PA 114.]2

Under section 13, a district library may levy up to four mills, but any levy over two mills may be

authorized only for a period not to exceed 20 years.1 The DLEA, however, imposes no durational limit

for a levy of two mills or less. This durational distinction based on the total number of mills levied is

reflected in section 15, which provides that “[a] ballot proposal for a districtwide tax shall state the

amount of the millage. If section 13(4) limits the maximum duration of a portion of the millage in a

1 The prior act had included similar language, but it was the “municipalities which unite for the establishment and operation of a district library” that “constitute[d] an authority under section 6 of article [9].” 1955 PA 164, formerly MCL 397.274a (emphasis added). 2 In addition to, or instead of, a districtwide millage, the DLEA also authorizes the levy of local millages in the individual participating municipalities. See MCL 397.183(4), (5), and (6).

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ballot proposal for a districtwide tax, the ballot proposal shall state the proposed duration of that

portion of the millage.” MCL 397.185(1) (emphasis added).

Thus, for any levy over two mills, the ballot proposal must state the duration of the additional

mill or mills sought, not to exceed 20 years. But a ballot proposal seeking two mills or less could—but

is not required to—include a durational limit for the levy. In the absence of a durational limit, any levy

for two mills or less may be perpetual under the plain language of the DLEA. Here, the district library

in question proposed a levy of two mills with no durational limit, and a majority of voters in the district

approved the proposal. MCL 397.185(4) (“If a majority of the votes cast on the question of a

districtwide tax is in favor of the proposal, the tax levy is authorized.”)

As noted in your request, this office previously issued several opinions interpreting the former

district libraries act. But as discussed below, these opinions do not resolve your question regarding the

DLEA because the current DLEA includes different language. In OAG, 1979-1980, No. 5506, p 199

(June 12, 1979), Attorney General Frank Kelley opined that district libraries did not constitute

authorities for purposes of avoiding application of the 15-18-50 mill/20-year limitation set forth in the

first paragraph of article 9, § 6. OAG 5506 concluded that the “nonapplication provision” of the second

paragraph of article 9, § 6 did not apply to a district library organized under the former act, 1955

PA 164, because neither that act nor any other general law limited the taxes the district library was

authorized to levy. Id. at p 200. The opinion further observed that a district library organized pursuant

to the act was not vested with the indicia of an “authority” as that term appears within the context of

article 9, § 6; was not empowered to impose a prescribed tax; was not an independent corporate body;

and was subject to the discretionary withdrawal of participating governmental units. Id. As a result,

despite the Legislature’s designation of a district library as an “authority” for purposes of article 9, § 6,

1 The 4-mill cap and the 20-year durational limit for levies over two mills was added to the DLEA by 1994 PA 114.

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the Attorney General opined that “a district library organized under 1955 PA 164, [ ] is not vested with

the indicia of an authority, including a tax limitation provided by law, so as to be exempt from the

general taxation limits provided in the first paragraph of Const 1963, art 9, § 6.” Id.

In a related opinion issued two years later, OAG, 1981-1982, No. 5866, pp 87, 90-91 (April 7,

1981), Attorney General Kelley determined that the exception in the second paragraph of article 9, § 6

applied to community college districts established under 1955 PA 188, as amended by 1964 PA 237,

because the act contained a tax limitation of five mills. The opinion further distinguished community

college districts from district libraries created under the former act by stating that, “community college

districts are bodies corporate and the boards of community college districts levy a tax rate within the

maximum annual tax rates . . . not to exceed the statutory five mill ceiling.” Thus, the opinion

ultimately concluded that the 15-18-50 mill/20-year limitation did not apply to community college

districts.

In 1987, Attorney General Kelley was asked to opine on the lawful maximum number of years a

district library’s tax levy could be effective. That opinion, OAG, 1987-1988, No. 6433, p 65 (April 20,

1987), reiterated that 20 years is the maximum number of years that a district library may seek voter

approval of an operating tax levy consistent with the limitations set forth in article 9, § 6 and the

Property Tax Limitation Act. The opinion restated previous determinations that the former district

libraries act, 1955 PA 164, did not establish any tax limitations that would exclude district libraries from

the 20-year limitation in article 9, § 6.

Later that year, the Michigan Supreme Court held that a district library created under the former

act was an “authority” for purposes of the Truth in Taxation Act, 1982 PA 5, MCL 211.24e. See

Jackson Dist Library v Jackson Co, 428 Mich 371, 376-377 (1987). Although not required to address

whether a district library created under the former district libraries act was an “authority” for purposes

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of article 9, § 6, the Court noted that such district library “authorities” may not qualify as authorities for

purposes of article 9, § 6. Id. at 379-380, & n 15.

Within two years after OAG 6433 and the Michigan Supreme Court decision, the Legislature

repealed 1955 PA 164 and enacted the DLEA. The 1989 legislation addressed the three primary

limitations of the former act that Attorney General Kelley had identified as preventing a district library

from qualifying as an “authority” under article 9, § 6.

First, as discussed above, the DLEA established the district library board as an entity capable of

independently proposing and levying taxes, borrowing money, and issuing bonds. MCL 397.182.

Second, the DLEA placed limitations on a municipality’s ability to withdraw from a district library.

MCL 397.194. Third, and most importantly, the DLEA placed limitations on the amount of taxes a

district library could levy. MCL 397.183. And finally, the Legislature changed the designation of

“authority” so that it applies to the “district library” directly rather than to the municipalities that united

to form the district library. MCL 397.177. See, e.g., Capital Area Dist Library v Mich Open Carry, Inc,

298 Mich App 220, 231-232 (2012) (deeming district libraries established under the DLEA both

authorities and quasi-municipal corporations).

Because district libraries are authorities whose tax limitations are now set forth in the law, the

exception in the second paragraph of article 9, § 6 applies to district libraries established under the

DLEA, MCL 397.176 and 397.177, and the mill and 20-year durational limitations in the first paragraph

of article 9, § 6 do not apply. The opinions in OAG 5506 and OAG 6433, which addressed the former

act, are superseded with respect to district libraries established or reestablished under the DLEA.

It is my opinion, therefore, that a millage levied by a district library established under the DLEA

is not subject to the mill limitations or the 20-year durational limit set forth in article 9, § 6 of the

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Michigan Constitution. But under section 13 of the DLEA, MCL 397.183, a district library may not

levy more than 4 mills and any levy over two mills may be authorized only for a period not to exceed 20

years.1

BILL SCHUETTE Attorney General

1 You have not asked, and thus this opinion does not address, whether a participating municipality or voters in a library district created under the DLEA may seek by referendum or other ballot proposal to refer or otherwise modify an existing millage to include a durational limit.

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CERTIFICATE OF NEED REVIEW STANDARDS

MCL 24.208 states in part: Sec. 8. The Office of Regulatory Reform shall publish the Michigan register at least once each month. The Michigan register shall contain all of the following:

* * * (k) All of the items in section 7(l) after final approval by the certificate of need commission or the statewide health coordinating council under section 22215 or 22217 of the public health code, 1978 PA 368, MCL 333.22215 and 333.2217. MCL 24.207 states in part: Sec. 7. “Rule” means an agency regulation, statement, standard, policy, ruling, or instruction of general applicability that implements or applies law enforced or administered by the agency, or that prescribes the organization, procedure, or practice of the agency, including the amendment, suspension, or rescission of the law enforced or administered by the agency. Rule does not include any of the following:

* * *

(l) All of the following, after final approval by the certificate of need commission or the statewide health coordinating council under section 22215 or 22217 of the public health code, 1978 PA 368, MCL 333.22215 and 333.22217: (i) The designation, deletion, or revision of covered medical equipment and covered clinical services. (ii) Certificate of need review standards (iii) Data reporting requirements and criteria for determining health facility viability. (iv) Standards used by the department of community health in designating a regional certificate of need review agency. (v) The modification of the 100 licensed bed limitation for short-term nursing care programs set forth in section 22210 of the public health code, 1978 PA 368, MCL 333.22210.

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CERTIFICATE OF NEED REVIEW STANDARDS

CERTIFICATE OF NEED (CON) REVIEW STANDARDS

SYNOPSIS FOR PUBLICATION IN THE MICHIGAN REGISTER PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT, 1969 PA 306, MCL

24.208(1)(k)

URINARY EXTRACORPOREAL SHOCK WAVE LITHOTRIPSY (UESWL) SERVICES Final Approval by the CON Commission 3/27/18 and Effective 5/29/18

The language changes include the following: 1. Updated the Department name throughout the document. 2. Section 3(1)(c)(iii) and (vii): FSOF and ASC sites can’t typically meet these requirements. The

change is for administrative feasibility. (Note: The option for a contractual agreement was removed in 1998.) EITHER on-site OR THROUGH A CONTRACTUAL AGREEMENT WITH ANOTHER

HEALTH FACILITY, IV supplies and materials for infusions and medications, blood and blood products, and pharmaceuticals, including vasopressor medications, antibiotics, and fluids and solutions.

EITHER on-site OR THROUGH A CONTRACTUAL AGREEMENT WITH ANOTHER HEALTH FACILITY, A 23-hour holding unit.

3. Section 3(2): Added requirements to convert from mobile to fixed UESWL services. The change is consistent with other CON covered mobile modalities that offer conversion. (2) AN APPLICANT PROPOSING TO INITIATE A FIXED UESWL SERVICE THAT

MEETS THE FOLLOWING REQUIREMENTS SHALL NOT BE REQUIRED TO BE IN COMPLIANCE WITH SUBSECTION (1)(B):

(a) THE APPLICANT IS CURRENTLY AN EXISTING MOBILE UESWL HOST SITE. (b) THE APPLICANT HOSPITAL HAS PERFORMED AN AVERAGE OF AT LEAST 500

PROCEDURES ANNUALLY FOR THE PAST THREE YEARS PRIOR TO SUBMITTING AN APPLICATION.

(c) THE APPLICANT HOSPITAL OPERATES AN EMERGENCY ROOM THAT PROVIDES 24-HOUR EMERGENCY CARE SERVICES AND AT LEAST 80,000 VISITS WITHIN THE MOST RECENT 12-MONTH PERIOD FOR WHICH DATA, VERIFIABLE BY THE DEPARTMENT, IS AVAILABLE.

(d) THE APPLICANT HOSPITAL SHALL INSTALL AND OPERATE THE FIXED UESWL UNIT AT THE SAME SITE AS THE EXISTING HOST SITE.

(e) THE APPLICANT HOSPITAL SHALL CEASE OPERATION AS A HOST SITE AND NOT BECOME A HOST SITE FOR AT LEAST 12 MONTHS FROM THE DATE THE FIXED SERVICE BECOMES OPERATIONAL.

4. Section 4(2): Removed the volume requirement for replacement. This is similar to other CON covered clinical services.

5. Section 4(3): Modified as follows. This will still allow for conversion from fixed to mobile, but the service will have to demonstrate compliance with the volume requirement. If a host site was converted to a fixed unit for better access to UESWL services at that site, then converting it back to

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a mobile unit seems to defeat that purpose. This language was originally written to convert fixed units to mobile. (3) An applicant PROPOSING TO REPLACE 1 existing fixed UESWL unit with 1 mobile

UESWL unit SHALL DEMONSTRATE THAT THE PROPOSED PROJECT MEETS ALL OF THE FOLLOWING:

(a) EACH EXISTING UESWL UNIT OF THE SERVICE PROPOSING TO REPLACE A UESWL UNIT HAS AVERAGED AT LEAST 1,000 UESWL PROCEDURES PER UNIT DURING THE MOST RECENT CONTINUOUS 12-MONTH PERIOD FOR WHICH THE DEPARTMENT HAS VERIFIABLE DATA.

6. Section 4(4): The 36-month in operation requirement is waived if one of the following has been met. Reduced regulation allows for facilities to more easily replace an existing fixed UESWL service to a new location in certain situations that are unforeseen to the applicant (same as MRI and CT language). (i) THE OWNER OF THE BUILDING WHERE THE SITE IS LOCATED HAS

INCURRED A FILING FOR BANKRUPTCY UNDER CHAPTER (7) WITHIN THE LAST THREE YEARS;

(ii) THE OWNERSHIP OF THE BUILDING WHERE THE SITE IS LOCATED HAS CHANGED WITHIN 24 MONTHS OF THE DATE OF THE SERVICE BEING OPERATIONAL;

Removed volume requirements for replacement of an existing fixed UESWL service and its unit(s) to a new site in certain situations that are unforeseen to the applicant (same as MRI and CT language): (i) THE OWNER OF THE BUILDING WHERE THE SITE IS LOCATED HAS

INCURRED A FILING FOR BANKRUPTCY UNDER CHAPTER SEVEN (7) WITHIN THE LAST THREE YEARS;

(ii) THE OWNERSHIP OF THE BUILDING WHERE THE SITE IS LOCATED HAS CHANGED WITHIN 24 MONTHS OF THE DATE OF THE SERVICE BEING OPERATIONAL; OR

(iii) THE UESWL SERVICE BEING REPLACED IS PART OF THE REPLACEMENT OF AN ENTIRE HOSPITAL TO A NEW GEOGRAPHIC SITE AND HAS ONLY ONE (1) UESWL UNIT.

7. Section 6 has been modified to allow for the acquisition of a fixed or mobile UESWL service not meeting volume requirements by an entity if the UESWL service is 1) owned by the applicant, 2) is under common control by the applicant, or 3) has a common parent as the applicant. The acquisition of an UESWL service does not change the location of the service. The service would have to meet all other applicable UESWL standards and project delivery requirements. Reduced regulation allows for facilities to more easily realign their assets when part of a larger health system.

8. Section 7(4) has been removed. This will give mobile routes more flexibility to change the route to accommodate changes that may be caused by facilities converting to a fixed unit.

9. Appendix A: The factor for calculating projected UESWL procedures has been updated. 10. Other technical edits.

Complete Standards

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A complete set of the approved language can be found at http://www.michigan.gov/mdhhs/0,5885,7-339-71551_2945_5106-25558--,00.html. A hard copy may be obtained, for a fee, by sending a written request to:

Michigan Department of Health and Human Services

Policy, Planning and Legislative Services Planning and Access to Care Section

P.O. Box 30195 Lansing, MI 48909

(517) 335-6708

Email address: [email protected]

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MCL 24.256(1) states in part: “Sec. 56. (1) The Office of Regulatory Reform shall perform the editorial work for the Michigan register and the Michigan Administrative Code and its annual supplement. The classification, arrangement, numbering, and indexing of rules shall be under the ownership and control of the Office of Regulatory Reform, shall be uniform, and shall conform as nearly as practicable to the classification, arrangement, numbering, and indexing of the compiled laws. The Office of Regulatory Reform may correct in the publications obvious errors in rules when requested by the promulgating agency to do so…”

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VIA E-MAIL Ms. Deidre O’Berry Office of Regulatory Reinvention State Budget Office Department of Technology, Management and Budget Romney Building, 8th Floor 111 South Capitol Avenue Lansing, Michigan 48933 Dear Ms. O’Berry: SUBJECT: Request for Correction of the Michigan Administrative Code, Oil and Gas Operations, R

324.101 – 324.1406 The Department of Environmental Quality (DEQ), as the promulgating agency, is writing to request that the Office of Regulatory Reinvention exercise its discretion to correct an obvious error in the Michigan Administrative Code, pursuant to Section 56(1), MCL 24.256, of the Administrative Procedures Act, 1969 PA 306, as amended. The error is contained in R 324.705. This rule references Section 61501(p) of Part 615, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended when referring to the definition of “waste.” Section 61501(q) should be the correct reference. Public Act 303 of 1998 modified Part 615, by adding in a new definition, “Fund,” which caused renumbering and the reason for the incorrect reference.

Section 61501 of Part 615 (p) "Tender" means a permit or certificate of clearance, approved and issued or registered

under the authority of the supervisor, for the transportation of oil or gas or products. (q) "Waste" in addition to its ordinary meaning includes all of the following:

The rule currently states: (Error in bold) R 324.705 Disposition of brine. Rule 705. (1) A permittee of a well is responsible for the proper disposal of all brines produced in association with oil or gas production, or both, or brines accumulated in drilling mud pits or tanks and shall ensure that waste, as defined in section 61501(p) of the act will not occur. A permittee may convey or transfer brines for other purposes if the brines are in compliance with the conditions provided in subrule (3) of this rule. A permittee shall be required to maintain records on the disposition of all brines pursuant to subrule (4) of this rule, and a permittee shall not have continuing liability relative to the transport or application of the brines after the brines are properly conveyed or transferred. The rule should be corrected to state:

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(Correction in bold) R 324.705 Disposition of brine. Rule 705. (1) A permittee of a well is responsible for the proper disposal of all brines produced in association with oil or gas production, or both, or brines accumulated in drilling mud pits or tanks and shall ensure that waste, as defined in section 61501(q) of the act will not occur. A permittee may convey or transfer brines for other purposes if the brines are in compliance with the conditions provided in subrule (3) of this rule. A permittee shall be required to maintain records on the disposition of all brines pursuant to subrule (4) of this rule, and a permittee shall not have continuing liability relative to the transport or application of the brines after the brines are properly conveyed or transferred. Please note the correction in both the Michigan Register and the Michigan Administrative Code.

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May 29, 2018 Ms. Katie Sowton Acting Director Office of Regulatory Reinvention Romney Building – 8th Floor 111 S. Capitol Avenue Lansing, MI 48933 Ms. Sowton: In accordance with MCL 24.256(1) of the Administrative Procedures Act, we are asking your office to correct one obvious error noted in the Real Estate Appraiser Rules – General Rules R 339.23203(1)(a). The rule currently states:

R 339.23203 Appraisal experience; satisfactory evidence. Rule 203. (1) For an applicant's experience hours to be accepted, the experience must be in

compliance with both of the following requirements, as applicable: (a) Appraisal experience must be demonstrated by copies of reports and file memoranda. The

applicant shall submit a detailed log to the department that includes at least all of the following information

The rule should have a colon after the word “information”. As such, we are requesting be amended in accordance with MCL 24.256(1), due to an obvious error.

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EXECUTIVE ORDERS

AND EXECUTIVE REORGANIZATION ORDERS

MCL 24.208 states in part: “Sec. 8. (1) The Office of Regulatory Reform shall publish the Michigan register at least once each month. The Michigan register shall contain all of the following: (a) Executive orders and executive reorganization orders.”

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EXECUTIVE ORDERS

EXECUTIVE ORDER

No. 2018 - 6

RESCISSION OF EXECUTIVE ORDER 2018-4

STATE EMERGENCY MEDICAL SERVICES COORDINATING COMMITTEE

DEPARTMENT OF HEALTH AND HUMAN SERVICES

EXECUTIVE REORGANIZATION

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor; and

WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units that he considers necessary for efficient administration; and

WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963 provides that each principal department shall be under the supervision of the Governor unless otherwise provided by the constitution; and

WHEREAS, emergency medical services are a critical component of public health and safety in Michigan; and

WHEREAS, the provision of emergency medical services has become increasingly integrated with other comprehensive systems of care; and

WHEREAS, rural areas in Michigan present unique challenges for the provision of emergency medical services because of the wide dispersal of patients and the heavy reliance on volunteer emergency medical technicians; and

WHEREAS, the State Emergency Medical Services Coordinating Committee (the “Coordinating Committee”) within the Department of Health and Human Services (the “Department”), see MCL 333.20915 & MCL 333.20916, plays a vital role in coordinating the exchange of information on emergency medical services and advising the Department on all matters involving the provision of emergency medical services in Michigan; and

WHEREAS, changes to the composition of the Coordinating Committee are necessary for efficient administration and to ensure that the Department continues to have access to subject-matter expertise from a well-rounded Coordinating Committee that will continue to fully support the evolution of emergency medical services in Michigan;

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NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:

I. RESCISSION OF EXECUTIVE ORDER 2018-4

Executive Order 2018-4 is hereby rescinded and replaced by this Order.

II. STATE EMERGENCY MEDICAL SERVICES COORDINATING COMMITTEE

A. In addition to the voting members of the Coordinating Committee appointed by the director of the Department pursuant to MCL 333.20915(1), the Coordinating Committee shall also include the following three voting members appointed by the director of the Department to three-years terms:

1. One individual representing local law enforcement;

2. One representative nominated by the Michigan Emergency Nurses Association Executive Board; and

3. One representative nominated by the Michigan Pharmacy Association.

B. In addition to the ex officio members serving on the Coordinating Committee pursuant to MCL 333.20915(2), the Coordinating Committee shall also include the following four ex officio members without the right to vote:

1. One representative of the Department, designated by the director of the Department;

2. The State 9-1-1 Administrator;

3. One representative nominated by the Michigan Center for Rural Health; and

4. One representative nominated by the Michigan Office of Highway Safety Planning.

C. After the director of the Department makes new appointments under subsections (1)(a), (1)(b), (1)(c), (1)(d), (1)(e), (1)(f), and (1)(i) of MCL 333.20915, at least one representative from each of the organizations identified must be associated with a county having a population of not more than 50,000.

D. At least one voting member of the Coordinating Committee shall be from a city with a population of not less than 500,000.

III. MISCELLANEOUS

A. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected under this Order shall not abate by reason of the taking effect of this Order.

B. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order.

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In fulfillment of the requirements of Section 2 of Article V of the Michigan Constitution of 1963, this Order shall be effective 60 days after the filing of this Order.

Given under my hand and the Great Seal of the state of Michigan this ________ day of June, in the Year of our Lord Two Thousand Eighteen ________________________________ RICHARD D. SNYDER GOVERNOR BY THE GOVERNOR: ________________________________ SECRETARY OF STATE

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EMERGENCY RULES

MCL 24.248 states: “Sec. 48. (1) If an agency finds that preservation of the public health, safety, or welfare requires promulgation of an emergency rule without following the notice and participation procedures required by sections 41 and 42 and states in the rule the agency's reasons for that finding, and the governor concurs in the finding of emergency, the agency may dispense with all or part of the procedures and file in the office of the secretary of state the copies prescribed by section 46 indorsed as an emergency rule, to 3 of which copies shall be attached the certificates prescribed by section 45 and the governor's certificate concurring in the finding of emergency. The emergency rule is effective on filing and remains in effect until a date fixed in the rule or 6 months after the date of its filing, whichever is earlier. The rule may be extended once for not more than 6 months by the filing of a governor's certificate of the need for the extension with the office of the secretary of state before expiration of the emergency rule. An emergency rule shall not be numbered and shall not be compiled in the Michigan Administrative Code, but shall be noted in the annual supplement to the code. The emergency rule shall be published in the Michigan register pursuant to section 8. (2) If the agency desires to promulgate an identical or similar rule with an effectiveness beyond the final effective date of an emergency rule, the agency shall comply with the procedures prescribed by this act for the processing of a rule which is not an emergency rule. The rule shall be published in the Michigan register and in the code.”

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EMERGENCY RULES

DEPARTMENT OF NATURAL RESOURCES

LAW ENFORCEMENT DIVISION

ESTABLISHMENT OF RESTRICTED ANCHOR AND VESSEL EQUIPMENT ZONE

IN THE STRAITS OF MACKINAC

EMERGENCY RULE


This rule takes effect upon filing with the Secretary of State and shall remain in effect for 6 months. (By the authority conferred on the Department of Natural Resources by section 80121 of 1994 PA 451, MCL 324.80121)

FINDING OF EMERGENCY The Department of Natural Resources promulgates these rules to establish a restricted anchor and vessel equipment zone in the Straits of Mackinac applicable to vessels under the authority of Part 801, Marine Safety, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended. The Department of Natural Resources finds that the use of anchors or other vessel equipment that may contact the bottomlands in the Straits of Mackinac by vessels as defined in MCL 324.80104(r) poses a threat to public health, safety, or welfare to the citizens and the environment of the state of Michigan due to the likelihood that such equipment may strike and damage critical infrastructure located on the lake bottomlands. For example, on April 1, 2018, a vessel passed through the Straits of Mackinac with an anchor deployed and dragging along the bottomlands. The vessel’s anchor struck and dented two oil pipelines located on the bottomlands of the Straits, and then struck and damaged three active underwater electric cables and an abandoned electrical cable. The anchor strike caused a breach of two active electric cables, releasing dielectric fluid containing mineral oil and benzene, among other constituents, into the waters of the Straits of Mackinac. Both the mineral oil and benzene may cause adverse environmental effects and benzene is acutely toxic to aquatic life. Other critical infrastructure on the bottomlands in the Straits likewise transport materials that, if released into the Great Lakes, would have adverse effects on the environment and public health, safety, or welfare. The possibility of future similar anchor or other equipment strikes to the infrastructure on the bottomlands in the Straits of Mackinac poses a significant and unacceptable risk to Michigan’s environment. In addition to the potential for environmental damage, any release could threaten public water supplies or create an energy shortage that threatens the public health, safety, or welfare. The Department of Natural Resources, therefore, finds promulgation of emergency rules to regulate vessels’ use of anchors and other equipment that may contact the bottomlands in designated areas in the Straits of Mackinac is required without following the notice and participation procedures required by sections 41, 42,

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and 48 of 1969 PA 306, as amended, MCL 24.241, MCL 24.242, and MCL 24.248 of the Michigan Compiled Laws. Rule 1. Except in cases of emergency or with prior written permission granted by the director of the department of natural resources, a vessel shall not deploy, drag, set, or use any anchor or any other vessel equipment that may come into contact with the lake bottomlands in the area bounded on the west by a line beginning at Latitude N 45° 46’ 48.883” Longitude W 84° 47’ 34.705” and extending north to point Latitude N 45° 50’ 23.169” Longitude W 84° 46’ 8.476” and bounded on the east by a line beginning at Latitude N 45° 47’ 18.4812” Longitude W 84° 43’ 55.2396” and extending north to point Latitude N 45° 50’ 46.086” Longitude W 84° 43’ 24.1392.” Rule 2. Permission for use of an anchor or other vessel equipment that may contact the bottomlands in the area described in Rule 1 may be requested by writing to the department of natural resources at:

Director of the Department of Natural Resources 525 West Allegan Street

P.O. Box 30028 Lansing, MI 48909-7528

or by e-mailing [email protected]. Such request should contain a precise description of the area where use of an anchor or other equipment is requested and the reason for the request. Rule 3. Rule 1 does not apply to vessels exercising tribal usufructuary rights reserved in the March 28, 1836 Treaty of Washington (7 Stat. 491) and as stated in the November 2, 2007 Consent Decree (Dkt. 1799 in W.D. Mich. Case No. 2:73-cv-000026). MICHIGAN DEPARTMENT OF NATURAL RESOURCES

_________________________________________ _________________ Keith Creagh Date Director Pursuant to Section 48(1) of 1969 PA 306, as amended, MCL 24.248(1), I hereby concur in the finding of the Department of Natural Resources that circumstances creating an emergency have occurred and the public interest requires the promulgation of the above rule. _________________________________________ __________________ Governor Date

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EMERGENCY RULES


BUREAU OF MEDICAL MARIHUANA REGULATION

MEDICAL MARIHUANA FACILITIES LICENSING ACT

EMERGENCY RULES


These rules take effect upon filing with the Secretary of State and shall remain in effect for 6 months.

(By authority conferred on the department of licensing and regulatory affairs by section 206 of 2016 PA 281, MCL 333.27206, enacting section 2 of Act 281 of 2016, by section 3 of 2016 PA 282, MCL 333.27903, and by section 6 of MCL 333.26426, 2008, Initiated Law 1.)

FINDING OF EMERGENCY

These rules are promulgated by the department of Licensing and Regulatory Affairs (department) to establish emergency rules for the purpose of implementing the Medical Marihuana Facilities Licensing Act (act), 2016 PA 281, MCL 333.27101 et seq., which took effect December 20, 2016 and was recently amended by 2018 PA 10. The act provides for a state regulatory structure to license and regulate medical marihuana growers, processors, provisioning centers, secure transporters, and safety compliance facilities that interacts with the statewide monitoring system for commercial marihuana transactions; establishes a medical marihuana licensing board (Board) created within the department and appointed by the governor; and prescribes civil fines and sanctions and provides remedies. The act includes an enacting section specifying that the legislature found it necessary for the promulgation of emergency rules to preserve the public health, safety, or welfare for access to safe sources of marihuana for medical use and the immediate need for growers, processors, secure transporters, provisioning centers, and safety compliance facilities to operate under clear requirements. In addition, section 206 of the act requires the department, in consultation with the Board, to promulgate administrative rules and emergency rules as necessary to implement, administer, and enforce the act. Furthermore, section 206 specifies that the rules shall ensure the safety, security, and integrity of the operation of marihuana facilities. To date, no administrative rules have been promulgated under the authority granted to the department, in consultation with the Board that has been created within the department. Specifically, there are no current administrative rules to ensure the safety, security, and integrity of the operation of marihuana facilities. Pursuant to section 401 of the act, beginning December 15, 2017, persons may apply to the Board created within the department for state operating licenses in the categories of class A, B, or C grower, processor, provisioning center, secure transporter, and safety compliance facility. The Board is required to review all applications for licensure, issue or deny issuance of a license, and inform each applicant of the Board’s decision. To date, no state operating licenses have been issued because the processing and review of applications requires attention and numerous hours of review. If issuance is

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denied, the Board is required, upon request, to provide a public investigative hearing. In addition, any party aggrieved by an action of the Board suspending, revoking, restricting, or refusing to renew a license, or imposing a fine, shall be given a hearing before the Board upon request. There are no administrative rules currently in place that will provide for the implementation of these requirements as specified in the act. In addition, the act requires the promulgation of administrative rules to prescribe the use of the statewide monitoring system to track all marihuana transfers, as provided in the Marihuana Tracking Act, 2016 PA 282, MCL 333.27901 et seq. To date, these administrative rules have not been promulgated. The statewide monitoring system is used to track and inventory marihuana and is a key component to preserving the integrity of the operation of marihuana facilities, monitoring the industry, investigating, and supporting compliance with the act to promote the public health, safety, or welfare. The lack of administrative rules to implement the act will have a detrimental effect on the necessity for access to a safe source of marihuana for medical use and the immediate need for growers, processors, secure transporters, provision centers, and safety compliance facilities to operate under clear requirements. Furthermore, the use of the statewide monitoring system to track all marihuana transfers is integral to the safety and compliance requirements of the act. Also, the act requires the promulgation of administrative rules to establish testing standards, procedures, and requirements for marihuana sold through provisioning centers. To date, there are no administrative rules in place to set the testing standards to ensure public health, safety or welfare. The emergency administrative rules are needed to enable the department, through its Bureau of Medical Marihuana Regulation, to implement the act to provide a safe environment for the state operating licensees and Michigan communities, as well as access to medical marihuana that has been tested for safety for sale to registered qualifying patients and registered primary caregivers. If the complete process specified in the Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.201 et seq. for the promulgation of rules were followed, the process would not be completed in time for the department to comply with the act’s requirements to process applications according to the timelines specified in the act, provide administrative hearing procedures, or implement the tracking requirements. Furthermore, the administrative rules would not be promulgated prior to the issuance of state operating licenses, thus causing uncertainty and financial hardship to individuals or businesses that plan to apply for commercial state operating licenses. The department, in consultation with the Board, therefore, finds that the preservation of the public health, safety, and welfare requires the promulgation of emergency rules as provided in section 48 without following the notice and participation procedure required by sections 41 and 42 of 1969 PA 306, as amended, being MCL 24.241, and MCL 24.242 of the Michigan Compiled Laws. Rule 1. Definitions. (1) “Act” means the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801. (2) “Batch” means all the plants of the same variety of medical marihuana that have been grown, harvested, and processed together and exposed to substantially similar conditions throughout cultivation and processing. (3) “Building” means a combination of materials forming a structure affording a facility or shelter for use or occupancy by individuals or property. Building includes a part or parts of the building and all

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equipment in the building. A building shall not be construed to mean a building incidental to the use for agricultural purposes of the land on which the building is located. (4) “Bureau” means the department of licensing and regulatory affairs’ bureau of medical marihuana regulation. (5) “Bureau of fire services” or “BFS” means the department of licensing and regulatory affairs’ bureau of fire services. (6) “Department” means the department of licensing and regulatory affairs. (7) “Director” means the director of the department of licensing and regulatory affairs or his or her designee. (8) "Employee" means a person performing work or service for compensation. (9) “Harvest batch” means marihuana that has been harvested. (10) "Immature plant” means a nonflowering marihuana plant that is no taller than 8 inches and no wider than 8 inches produced from a cutting, clipping, tissue culture, or seedling that is in a growing/cultivating medium or in a growing/cultivating container that is no larger than 2 inches wide and no more than 2 inches tall that is sealed on the sides and bottom. (11) “Limited access area” means a building, room, or other contiguous area of a marihuana facility where marihuana is grown, cultivated, stored, weighed, packaged, sold, or processed for sale, under control of the licensee. (12) “Marihuana facility” means a location at which a licensee is licensed to operate under the act and these rules. (13) “Marihuana product” means marihuana or marihuana-infused product, or both, as those terms are defined in the act unless otherwise provided for in these rules. (14) “Marihuana tracking act” means the marihuana tracking act, 2016 PA 282, MCL 333.27901 to 333.27904. (15) “Michigan medical marihuana act” means the Michigan medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430. (16) “Package tag” means an RFID tag supplied through the statewide monitoring system for the purpose of identifying a package containing marihuana product. (17) “Plant tag” means an RFID tag supplied through the statewide monitoring system for the purpose of identifying an individual marihuana plant. (18) “Proposed marihuana facility” means a location at which an applicant plans to operate under the act and these rules if the applicant is issued a state operating license. (19) “Restricted access area” means a designated and secure area at a marihuana facility where marihuana products are sold, possessed for sale, and displayed for sale. (20) “Same location” means separate state operating licenses that are issued to multiple marihuana facilities that are authorized to operate at a single property but with separate business addresses. (21) “Stacked license” means more than 1 state operating license issued to a single licensee to operate as a grower of class C-1,500 marihuana plants as specified in each license at a marihuana facility. (22) “Tag” or “RFID tag” means the unique identification number or Radio Frequency Identification (RFID) issued to a licensee by the department for tracking, identifying and verifying marihuana plants, marihuana products, and packages in the statewide monitoring system.

Rule 2. Terms; meanings. Terms defined in the act have the same meanings when used in these rules unless otherwise indicated. Rule 3. Adoption by reference. (1) National fire protection association (NFPA) standard 1, 2018 edition, entitled “Fire Code” is adopted by reference as part of these rules. Copies of the adopted provisions are available for inspection and

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distribution from the National Fire Protection Association, 1 Batterymarch Park, P.O. Box 9101, Quincy, Massachusetts, 02169, telephone number 1-800-344-3555, for the price of $99.50. (2) Cannabis Inflorescence: Standards of Identity, Analysis, and Quality Control monograph published by the American Herbal Pharmacopoeia. A copy of that publication may be obtained from the American Herbal Pharmacopoeia, P.O. Box 66809, Scotts Valley, California 95067, or at the Internet address http://www.herbal-ahp.org/, for the price of $44.95. (3) Safe Quality Food (SQF), 7.2 edition available at http://www.sqfi.com/wp-content/uploads/SQF-Code_Ed-7.2-July.pdf. (4) The International Organization for Standardization (ISO), ISO 22000 / ISO/TS 22002-1 - food safety bundle, available for purchase at: https://webstore.ansi.org/RecordDetail.aspx?sku=ISO+22000+%2f+ISO%2fTS+22002-1+-+Food+Safety+Bundle, for the price of $275.00. (5) International Organization for Standardization (ISO), ISO/IEC 17025, general requirements for the competence of testing and calibration laboratories available at: https://webstore.ansi.org/RecordDetail.aspx?sku=ISO%2fIEC+17025%3a2017, for the price of $162.00. Rule 4. Application procedure; requirements. (1) A person may apply for a state operating license on the form created by the department accompanied by the application fee as prescribed in these rules. Each question on the application must be answered in its entirety and all information requested and required by the act and these rules must be submitted in the application. Failure to comply with these rules and the application requirements in the act is grounds for denial of the application. (2) A person may submit a partial application under Rule 5 on the condition that it is to prequalify to complete the remaining application requirements. This is a pending status until all application requirements in Rule 6 are completed. The department shall not issue a license at this stage of the application. (3) The department may delay an application while additional information is requested including, but not limited to, requests for additional disclosures and documentation to be furnished to the department. (4) For purposes of this rule and Rules 5 and 6 the term “applicant” includes the officers, directors, and managerial employees of the applicant and any persons who hold any direct or indirect ownership interest in the applicant. Rule 5. Application requirements; financial and criminal background. (1) The first part of the application is a financial background and full criminal history background check of the applicant. For purposes of this rule an applicant includes the officers, directors, and managerial employees of the applicant and any persons who hold any direct or indirect ownership interest in the applicant. (2) An applicant shall disclose the identity of every person having any ownership interest in the applicant with respect to which the license is sought including, but not limited to, date of birth, government issued identification, or any other documents required by the act. (3) An applicant and any persons who have a direct or indirect interest in the applicant, as well as any officers, directors, and managerial employees of the applicant shall disclose all the financial information required in the act and these rules in a format created by the department including, but not limited to, the following: (a) Financial statements, pecuniary interest, any deposit of value of the applicant or made directly or indirectly to the applicant, or both, and financial account information including but not limited to, funds, savings, checking, or other accounts including any or all financial institutions information, such as

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names, account type, amounts of the foregoing, and a list of all loans, amounts, securities, or lender information. (b) Property ownership information, deeds, leases, rent, real estate trusts, purchase agreements or institutional investors. (c) Tax information, W-2 and 1099 forms, and any other information required by the department. (d) For in-state and out-state applicants, the applicant’s business organizational documents filed with this state, local county, or foreign entity, if applicable, including proof of registration to do business in this state and certificate of good standing from this state or foreign entity, if applicable. (e) Disclosure by the applicant of the identity of any other person who meets either of the following: (i) Controls, directly or indirectly, the applicant. (ii) Is controlled, directly or indirectly, by the applicant or by a person who controls, directly or indirectly, the applicant. (f) Written consent by the applicant to a financial background investigation as authorized under the act and these rules. (g) Disclosure by the applicant of any true parties of interest as required in section 404 of the act. (h) Disclosure by the applicant of the stockholders or other persons having a 1% or greater beneficial interest in the proposed marihuana facility as required in section 303 of the act. (i) The sources and total amount of the applicant's capitalization to operate and maintain the proposed marihuana facility in compliance with Rule 11. (j) A CPA-attested financial statement including foreign attested CPA statement, or its equivalent, if applicable, on capitalization pursuant to Rule 11. (k) Information on the financial ability of the applicant to purchase and maintain adequate liability and casualty insurance in compliance with Rule 10. (l) Any other documents, disclosures, or attestations created or requested by the department that are not inconsistent with the act or these rules. (4) An applicant and each person having any ownership interest in the proposed marihuana facility and each person who is an officer, director, or managerial employee of the applicant shall disclose criminal history background information and regulatory compliance as provided under the act and these rules in a format created by the department, including, but not limited to, all the following: (a) Attestation, in writing, that the person consents to inspections, examinations, searches, and seizures that are permitted under the act and these rules. (b) Written consent to a criminal history check, submission of a passport quality photograph to the department and 1 set of fingerprints to the department of state police in accordance with section 402 of the act and these rules for the applicant, each person having any ownership interest in the proposed marihuana facility, and each person who is an officer, director, or managerial employee of the applicant. (c) Submission of a handwriting exemplar, fingerprints, photographs, and information authorized by the act and by these rules. (d) Attestation affirming a continuing duty to provide information requested by the department and to cooperate in any investigation, inquiry, or hearing. (e) Attestation acknowledging that sanctions may be imposed for violations on a licensee while licensed or after the license has expired as provided in the act and these rules. (f) Disclosure of any noncompliance with any regulatory requirements in this state or any other jurisdiction. (g) Disclosure of an application or issuance of any commercial license or certificate issued in this state or any other jurisdiction and the requirements under section 401(1)(e) of the act. (h) Any other documents, disclosures, or attestations created or requested by the department that are not inconsistent with the act or these rules.

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(5) An applicant shall submit in the application any information requested and required by the act and these rules. Rule 6. Application requirements; complete application. (1) A complete application for a state operating license must include all the information in Rule 5 and all the following: (a) A description of the type of marihuana facility, anticipated or actual number of employees, projected or actual gross receipts, a business plan, proposed marihuana facility location, and security plan as required under the act and these rules. (b) A copy of the proposed marihuana facility plan under Rule 8. (c) An applicant shall pass the pre-licensure inspection as provided in Rule 9. (d) An applicant shall submit confirmation of compliance with the municipal ordinance as required in section 205 of the act and these rules. For purposes of these rules, confirmation of compliance must be on an attestation form prepared by the department that contains all of the following information: (i) Written affirmation that the municipality has adopted an ordinance under section 205 of the act, including, if applicable, the disclosure of any limitations on the number of each type of marihuana facility. (ii) Description of any zoning regulations that apply to the proposed marihuana facility within the municipality. (iii) The signature of the clerk of the municipality or his or her designee attesting that the information stated in the document is correct. (e) The disclosure of the true party of interest as required in section 404 of the act and these rules. (f) The disclosure of the beneficial interest as required in section 303(1)(g) of the act. (g) Additional information and documents requested by the department not inconsistent with the act and these rules. (h) Any other documents, disclosures, or attestations created or requested by the department that are not inconsistent with the act and these rules. Rule 7. Application; fees; assessment. (1) An application for a state operating license must be accompanied by the nonrefundable application fee of $6,000.00 upon initial application under Rule 5. (2) If the costs of the investigation and processing the application exceed the application fee, the applicant shall pay the additional amount. (3) The regulatory assessment must be paid on or before the date a licensee begins operating and annually thereafter pursuant to section 603 of the act and these rules. (4) A license will not be issued until a complete application is submitted, the fees required under these rules are paid, and it is determined that the applicant is qualified to receive a license under the act and these rules. Rule 8. Marihuana facility plan. (1) To ensure the safety, security, and integrity of marihuana facility operations, an applicant shall submit a marihuana facility plan for the proposed marihuana facility as required in Rule 6 and thereafter upon request by the department. Upon the request of the department an applicant or licensee may be required to submit a revised marihuana facility plan. (2) The marihuana facility plan shall include, but not be limited to, the following: (a) The type of proposed marihuana facility, location, description of the municipality, and any of the following if applicable: (i) Operation at the same location under Rule 24.

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(ii) Proof of common ownership interest under Rule 24. (iii) Stacked license under Rule 22. (iv) Temporary operation under Rule 19. (b) Diagram of the marihuana facility including, but not limited to, its size and dimensions; specifications; physical address; location of common entryways, doorways, or passageways; means of public entry or exit; limited-access areas within the marihuana facility; and indication of the distinct areas or structures at a same location as provided for in Rule 24. (c) Floor plan and layout, including dimensions, maximum storage capabilities, number of rooms, dividing structures, fire walls, and entrances and exits. (d) Means of egress, including, but not limited to, delivery and transfer points. (e) Construction details for structures and fire-rated construction for required walls. (f) Building structure information, including but not limited to, new, pre-existing, free-standing, or fixed. Building type information, including but not limited to, commercial, warehouse, industrial, retail, converted property, house, building, mercantile building, pole barn, greenhouse, laboratory, or center. (g) Zoning classification and zoning information. (h) If the proposed marihuana facility is in a location that contains multiple tenants and any applicable occupancy restrictions. (i) A proposed security plan that demonstrates the proposed marihuana facility must meet the security requirements under Rule 27. (j) Any other information required by the department as long as it is not inconsistent with the act and these rules. (3) Any changes or modifications to the marihuana facility plan under this rule must be reported to the department and may require preapproval by the department. (4) The department may provide a copy of the marihuana facility plan to the state fire official, local fire department, and local law enforcement for use in pre-incident review and planning. (5) The department may reinspect the marihuana facility to verify the plan at any time and may require that the plan is resubmitted upon renewal. Rule 9. Pre-licensure investigation and proposed marihuana facility inspection. (1) An applicant for a state operating license shall submit to a pre-licensure physical inspection to ensure the safety, security, and integrity of the operation of a proposed marihuana facility. (2) The department shall establish an inspection process to confirm that the applicants and proposed marihuana facilities meet the requirements of the act and these rules. (3) The department shall investigate applicants in accordance with the act and these rules. (4) The department, through its investigators, agents, auditors, or the state police, shall conduct inspections and examinations of applicants and proposed marihuana facilities in accordance with the act and these rules. (5) An applicant shall submit proof to the department of the following: (a) A certificate of use and occupancy as required pursuant to section 13 of 1972 PA 230, MCL 125.1513 and these rules. (b) A final inspection completed by the department notwithstanding any local ordinance or building permit inspection. (c) Proof of a fire safety inspection as provided for in Rule 26. Rule 10. Proof of financial responsibility; insurance. (1) Before a license is issued or renewed, the licensee or renewal applicant shall file a proof of financial responsibility for liability for bodily injury on the form prescribed in section 408 of the act for an

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amount not less than $100,000.00. If the proof under this subrule is a bond, the bond must be in a format acceptable to the department. (2) A renewal applicant or licensee shall carry premise liability and casualty insurance for an amount not less than $100,000.00. An applicant shall provide proof of premises liability insurance to the department no later than 60 days after a state operating license is issued or renewed. (3) A secure transporter shall show proof of auto insurance, vehicle registration, and registration as a commercial motor vehicle as applicable for any transporting vehicles used to transport marihuana product as required by the act and these rules. Rule 11. Capitalization requirements. (1) An applicant shall disclose the sources and total amount of capitalization to operate and maintain a proposed marihuana facility. (2) The total amounts of capitalization based on the type of marihuana facility specified in the application for a state operating license are as follows: (a) Grower: Class A - $150,000.00. (b) Grower: Class B - $300,000.00. (c) Grower: Class C - $500,000.00. (d) Processor: $300,000.00. (e) Provisioning Center: $300,000.00. (f) Secure Transporter: $200,000.00. (g) Safety Compliance Facility: $200,000.00. (3) An applicant shall provide proof to the department of the capitalization amounts in subrule (2) of this rule from sources as follows: (a) Not less than 25% is in liquid assets to cover the initial expenses of operating and maintaining the proposed marihuana facility as specified in the application. For purposes of this subdivision liquid assets include assets easily convertible to cash, including, but not limited to, cash, CDs, 401(k), stocks and bonds, and marihuana inventory that meet the all the following conditions: (i) The marihuana inventory is possessed by an applicant who is a registered qualifying patient or registered primary caregiver or by an applicant who applies for a state operating license and possesses marihuana inventory in compliance with the Michigan medical marihuana act. (ii) No more than 15 ounces of usable marihuana or 72 marihuana plants may be utilized as marihuana inventory in this subdivision or utilized towards the capitalization requirement under this subrule. (b) Proof of the remaining capitalization to cover the initial expenses of operating and maintaining the proposed marihuana facility may include but is not limited to additional liquid assets as described in subdivision (a) of this subrule or equity in real property, supplies, equipment, fixtures or any other nonliquid asset. (4) The applicant shall provide proof that there is no lien or encumbrance on the asset provided as a source of capitalization. (5) The capitalization amounts and sources must be validated by CPA-attested financial statements. The applicant shall disclose any of the capitalization sources that are foreign and a foreign CPA or its equivalent shall attest to the validation and a domestic CPA shall attest that foreign validation. Rule 12. Denial of the issuance of a license; additional reasons. (1) If an applicant fails to comply with the act or these rules, a license may be denied as provided under the act and these rules. (2) In addition to the reasons for denial in the act, a license may be denied as provided in the act and these rules for the following reasons: (a) The applicant’s marihuana facility plan does not fully comply with the act or these rules.

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(b) The applicant’s proposed marihuana facility or marihuana facility is substantially different from the marihuana facility plan pursuant to Rule 8 and these rules. (c) The department is unable to access the proposed marihuana facility for pre-licensure physical inspection or the applicant denied the department access to the proposed marihuana facility. (d) The applicant made a material misrepresentation on the application. (e) The applicant failed to correct any deficiencies within the application in accordance with section 403 of the act and these rules. (f) The applicant has failed to satisfy the confirmation of compliance by a municipality in accordance with section 205 of the act and these rules. (g) The applicant is operating a proposed marihuana facility or a marihuana facility without a license after December 15, 2017, except for as provided in Rule 19, that would otherwise require an application for a state operating license as required under the act and these rules. Rule 13. Renewal of license. (1) A license is issued for a 1-year period and is renewable annually. A licensee may apply to renew a license on a form established by the department. (2) Failure to comply with any of the provisions in the act and these rules may result in the nonrenewal of a license. (3) The licensee shall meet the requirements of the act and any other renewal requirements set forth in these rules or laws to be promulgated or enacted. Rule 14. Notification and reporting. (1) Applicants and licensees have a continuing duty to provide the department with up-to-date contact information and shall notify the department in writing of any changes to its mailing address, phone numbers, electronic mail address, and other contact information it provides the department. (2) Applicants and licensees shall report any material and nonmaterial changes to the department. (3) Applicants and licensees shall report nonmaterial changes to the department within 7 business days. (4) Applicants and licensees shall report material changes to the department prior to the change, within 1 business day, and may need prior authorization by the department. Material changes, include, but are not limited to, the following: (a) Change in owners, officers, members, or managers. (b) Change of location. A change of location of a marihuana facility may trigger a new license and new inspection. (c) The addition or removal of named people. (d) Change in entity name. (e) Any attempted transfer, sale, or other conveyance of an interest in a license. (5) An applicant or licensee shall notify the department within 1 business day of all the following: (a) Adverse reactions to marihuana product sold or transferred by any licensee. (b) Criminal convictions, charges, or civil judgements in this state or any other state. (c) Regulatory disciplinary action taken or determined against an applicant or licensee by this state or any other states, including any pending action. (6) Failure to report material changes pursuant to subrule (4) of this rule or notifications under subrule (5) of this rule may result in sanctions or fines, or both.

Rule 15. Notifications of diversion, theft, loss, or criminal activity pertaining to any marihuana product. (1) Licensees and applicants shall notify the department, state police, and local law enforcement authorities within 24 hours of theft or loss of any marihuana product or criminal activity.

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(2) Failure to notify or report under subrule (1) of this rule may result in sanctions or fines, or both.

Rule 16. Inspection; investigation. (1) The department shall do all of the following with respect to inspections and investigations of applicants, licensees, proposed marihuana facilities, and marihuana facility operations: (a) Oversee and conduct inspections through its investigators, agents, auditors, or the state police of proposed marihuana facilities and marihuana facilities as provided in section 303 of the act to ensure compliance with the act and these rules. (b) Investigate individuals employed by marihuana facilities. (c) Inspect and examine marihuana facilities and proposed marihuana facilities. (d) Inspect, examine, and audit records of the licensee. (2) The department may at any time, through its investigators, agents, auditors, or the state police, without a warrant and without notice to the licensee, enter the proposed marihuana facility or marihuana facility, offices, or other places of business of a licensee, if evidence of compliance or noncompliance is likely to be found in accordance with the act and these rules. (3) To ensure the safety, security, and integrity of marihuana facility operations, the department, through its investigators, agents, auditors, or the state police may place an administrative hold on marihuana product and order that no sales or transfers occur during an investigation for an alleged violation or violation of the act or these rules. (4) The department, through its investigators, agents, auditors, or the state police may inspect, examine, and audit relevant records of the licensee. If a licensee fails to cooperate with an investigation, the department through its investigators, agents, auditors, or the state police may impound, seize, assume physical control of, or summarily remove records from a proposed marihuana facility or marihuana facility. (5) The department through its investigators, agents, auditors or the state police may eject, or exclude or authorize the ejection or exclusion of, an individual from a proposed marihuana facility or marihuana facility if that individual violates the act, a final order, or these rules. (6) The department through its investigators, agents, auditors, or the state police may take any reasonable or appropriate action to enforce the act and rules. (7) This rule does not limit the application of any other remedies or sanctions that are available through local, state, and federal laws, the act, and these rules. (8) For purposes of this rule, the term “record” means books, ledgers, documents, writings, photocopies, correspondence, electronic records, videotapes, surveillance footage, electronic storage mediums, electronically stored records, money receptacles, equipment in which records are stored, including data or information in the statewide monitoring system, or any other document that is used for recording information. Rule 17. Persons subject to penalty; violations. (1) If the department through its investigators, agents, auditors, or the state police during the physical site inspection determine violations of the act or these rules exist, the department shall notify the person, applicant, or licensee of the violation during the physical site inspection or thereafter and the person, applicant or licensee may be responsible for sanctions or fines, or both. (2) The department may issue a notice of a violation or fine, or both, for any violations of the act and applicable rules, including those observed by the department through its investigators, agents, auditors, or the state police while in the performance of their duties. (3) Where the department through its investigators, agents, auditors, or the state police determine a violation of the act or these rules exists, such violations must be cited in a format established by the department. After a notice of violation or fine or both is issued to a person, applicant, or licensee, the

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department may hold a compliance conference or a hearing if applicable as prescribed in the act and these rules. (4) The department may forward information regarding violations of the act or these rules or any other state or federal law to the state police, department of attorney general, and the prosecutor for the jurisdiction in which the alleged violation of the act or rules has occurred. (5) The department may take action for failure to pay any fine within the time written on the violation notice pursuant to the act or these rules. Rule 18. Sanctions; fines. (1) A person, applicant, or licensee found in violation of these rules or the act may be subject to sanctions, including, but not limited to, license denial, limitation, fines, revocation, suspension, nonrenewal, administrative holds, and orders to cease operations. (2) A violation of these rules, the act, the marihuana tracking act, or any ordinance adopted under section 205 of the act may result in 1 or more of the following: (a) A license may be denied, limited, revoked, or restricted. (b) A licensee or an employee of a licensee may be removed. (c) Civil fines of up to $5,000.00 may be imposed against an individual. (d) Civil fines up to $10,000.00 or an amount equal to the daily gross receipts, whichever is greater, against a licensee for each violation of the act, these rules, or an order. (e) Civil fines may be assessed for each day the licensee is not in compliance with the act or these rules. Assessment of a civil fine is not a bar to the investigation, arrest, charging, or prosecution of an individual for any other violation of the act or these rules. (3) A license may be suspended without notice or hearing upon a determination that the safety or health of patrons or employees is jeopardized by continuing a marihuana facility's operation as provided in the act or these rules. (4) The attempted transfer, sale, or other conveyance of an interest in a license without prior approval is grounds for suspension or revocation of the license or for other sanction as provided in sections 406 and 409 of the act or these rules. (5) The department may impose any other remedies, sanctions, or penalties not inconsistent with the act or these rules. Rule 19. Temporary operation; limited circumstances; conditional. (1) An applicant for a state operating license may temporarily operate a proposed marihuana facility that would otherwise require a state operating license if either of the following applies: (a) The applicant’s proposed marihuana facility is within a municipality that adopted an ordinance before December 15, 2017 but is pending the adoption of an ordinance pursuant to section 205 of the act. The applicant shall submit an attestation on a form established by the department that includes the signature of the clerk of the municipality or his or her designee attesting to all of the following: (i) The municipality has adopted an ordinance before December 15, 2017. (ii) The municipality authorizes the temporary operation of the applicant. (b) The applicant’s proposed marihuana facility is within a municipality that has adopted an ordinance pursuant to section 205 of the act before December 15, 2017. The applicant shall submit an attestation on a form established by the department that includes the signature of the clerk of the municipality or his or her designee attesting to all the following: (i) The municipality has adopted an ordinance pursuant to section 205 of the act, including, if applicable, the disclosure of any limitations on the number or type of marihuana facilities, or both.

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(ii) The municipality authorizes the temporary operation of the applicant. A resolution may be adopted by a municipality that authorizes the clerk of the municipality or his or her designee to sign the attestation form in subdivision (b) of this subrule. (2) A person that does not comply with this rule shall cease and desist operation of a proposed marihuana facility and may be subject to all the penalties, sanctions, and remedies under state and federal law, the act, or these rules. (3) An applicant that is temporarily operating under this rule is not guaranteed a state operating license. (4) For purposes of this rule only, an applicant shall apply for a state operating license as prescribed by the act and these rules no later than February 15, 2018. If the applicant does not apply for a state operating license as prescribed by the act and these rules no later than Feb 15, 2018 then the temporary operation may be used as a reason for denial of a license as prescribed in Rule 12. (5) The department shall issue or deny a state operating license under this rule on or before September 15, 2018. A municipality with an authorizing ordinance under subrule (1)(a) of this rule shall have adopted a new or amended ordinance pursuant to section 205 of the act and these rules no later than September 15, 2018. (6) An applicant under this rule that has been denied licensure, or has not been issued a license by September 15, 2018, is operating without a license and shall cease any operation. Any temporary operation after September 15, 2018 is considered unlicensed activity. Unlicensed activity may result in a referral to law enforcement for unlicensed activity. The department may notify the state police and department of attorney general of any unlicensed activity. (7) Notwithstanding the provisions of this rule, if a state operating license is issued, an applicant is no longer operating temporarily and shall comply with all the provisions of the act and these rules. Rule 20. Transition period. (1) To ensure the safety, security, and integrity of the operation of marihuana facilities, there is a transition period consisting of 30 calendar days during which marihuana product can be entered into the statewide monitoring system to ensure statewide tracking beginning on the day a state operating license is issued to a licensee for the first time except for additional licenses issued to the same license holder for a stacked license after a first license is issued. (2) Within the 30-calendar-day period, a licensee shall do all of the following: (a) Record all marihuana product in the statewide monitoring system during this 30-calendar-day period as prescribed by the act and these rules. (b)Tag or package all inventory that has been identified in the statewide monitoring system as prescribed by the act and these rules. (c) Comply with all testing requirements as prescribed by the act and these rules. (3) After the 30-calendar-day period, any marihuana product that has not been identified in the statewide monitoring system under these rules and the act is prohibited from being onsite at a marihuana facility. (4) A violation of this rule may result in sanctions or fines, or both. (5) At any time during this 30-calendar-day period and thereafter, a marihuana facility is subject to an inspection under Rule 16. Rule 21. State operating licenses; licensees; operations; general. (1) A state operating license and a stacked license as described in Rule 22 are limited to the scope of the state operating license issued for that type of marihuana facility that is located within the municipal boundaries connected with the license. (2) In order to ensure the safety, security, and integrity of the operation of marihuana facilities, a licensee shall comply with all of the following:

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(a) Marihuana facilities shall be partitioned from any other marihuana facility, activity, business, or dwelling. (b) Access to the marihuana facility is restricted to the licensee, employees of the licensee, and registered qualifying patients and registered primary caregivers with valid registry cards, if applicable, and the department, through its investigators, agents, auditors, or the state police. A separate waiting area may be created for visitors not authorized to enter the marihuana facility. The licensee shall maintain a log tracking all visitors to a marihuana facility. The visitor log must be available at all times for inspection by the department, through its investigators, agents, auditors, or the state police to determine compliance with the act and these rules. (c) Licensee records must be maintained and made available to the department upon request. (d) The marihuana facility must be at a fixed location. Mobile marihuana facilities and drive through operations are prohibited. Any sales or transfers of marihuana product by internet or mail order, consignment, or at wholesale are prohibited. (e) A state operating license issued under the act must be framed under a transparent material and prominently displayed in the marihuana facility. (f) Any other operational measures requested by the department that are not inconsistent with the act and these rules. Rule 22. Stacked license. A grower that has already been issued a state operating license specified as a class C-1,500 marihuana plants may apply to stack a license at a marihuana facility specified in the state operating license subject to payment of a separate regulatory assessment for each state operating license stacked and may be subject to any additional fees under Rule 7 and is subject to all requirements of the act and these rules. Rule 23. Changes to licensed marihuana facility. (1) Any change or modification to the marihuana facility after licensure is governed by the standards and procedures set forth in the act and these rules and any regulations adopted pursuant thereto, and requires the approval of the department before any changes or modification. (2) Any change of a location of a marihuana facility after licensure requires a new license application under Rules 5 and 6 and may include, but is not limited to, regulatory assessment or application fees or both. A licensee shall produce written documentation from the municipality approving the proposed new marihuana facility location as indicated on the application provided to the department and be in compliance with section 205 of the act. Rule 24. Operation at a same location—grower, processor, and provisioning center. (1) Any combination of the following types of state operating licenses may operate as separate marihuana facilities at the same location: (a) A grower. (b) A processor. (c) A provisioning center. (2) To operate at a same location subject to subrule (1) of this rule all the following apply: (a) The department has authorized the proposed operation at the same location. (b) The operation at a same location shall not be in violation of any local ordinances or regulations. (c) The operation at a same location does not circumvent a municipal ordinance or zoning regulation that may limit the type or number of marihuana facilities under section 205 of the act or prohibit the operation at the same location. (d) Each marihuana facility subject to subrule (1) of this rule shall do all the following:

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(i) Apply for and be granted separate state operating licenses and pay a separate regulatory assessment for each state operating license. (ii) Have distinct and identifiable areas with designated structures that are contiguous and specific to the state operating license. (iii) Have separate entrances and exits, inventory, record keeping, and point of sale operations, if applicable. (iv) Post the state operating license on the wall in its distinct area and as provided in these rules. (e) Additional inspections and permits may be required for local or state building inspection, fire services, and public health standards. (3) Operation of a state operating license at the same location that includes a licensed provisioning center shall have the entrance and exit to the licensed provisioning center marihuana facility and entire inventory physically separated from any of the other licensed marihuana facility or facilities so that persons can clearly identify the retail entrance and exit. (4) For purposes of this rule, a marihuana facility operating at a same location under this rule with multiple state operating licenses may transfer marihuana product or money between marihuana facilities authorized to operate at a same location under the following circumstances: (a) Each state operating license operating at a same location has common ownership. (b) An employee is designated by each licensee of a marihuana facility to monitor the transfer and execute the transfer or a licensed secure transporter executes the transfer in accordance with the act and these rules. (c) A manifest in the statewide monitoring system is created documenting the transfer as provided in the act and these rules. (d) Receipt of the transfer is recorded in the statewide monitoring system as provided in these rules. Rule 25. Marihuana facilities; requirements. (1) To ensure the safety, security, and integrity of the operation of marihuana facilities a grower shall operate at a marihuana facility under either of the following conditions: (a) The marihuana facility operations are within a building that meets the security requirements and passes the inspections in these rules and has a building permit pursuant to Rule 26 and these rules. (b) The marihuana facility operations are within a building except for cultivation may occur in an outdoor area that must meet all the following conditions: (i) The outdoor area containing the cultivation of marihuana plants is contiguous with the building, fully enclosed by fences or barriers that block outside visibility of the marihuana plants from the public view, with no marihuana plants growing above the fence or barrier that is visible to the public eye and the fences are secured and comply with the applicable security measures in these rules, including but not limited to, locked entries only accessible to authorized persons or emergency personnel. (ii) After the marihuana is harvested, all drying, trimming, curing, or packaging of marihuana occur inside the building meeting all the requirements under these rules. (iii) The building meets the security requirements and passes the inspections in these rules and has a building permit pursuant to Rule 26 and these rules. (2) To ensure the safety, security, and integrity of the operation of marihuana facilities, a secure transporter shall have a primary place of business as its marihuana facility that is operating in a municipality that has adopted an ordinance that meets the requirements of section 205 of the act and these rules and its marihuana facility must comply with the requirements prescribed by the act and these rules. A secure transporter may travel through any municipality to transport marihuana product. All the following apply: (a) The secure transporter may take physical custody of the marihuana or money but legal custody belongs to the transferor or transferee.

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(b) A secure transporter is prohibited from selling or purchasing marihuana products. (c) A secure transporter must transport any marihuana product in a locked, secured, sealed container that is not accessible while in transit. If the licensee transports money associated with the purchase or sale of marihuana product between facilities, the licensee shall lock the money in a sealed container kept separate from the marihuana product and only accessible to the licensee and its employees. (d) All transactions including, but not limited to, current inventory must be entered in the statewide monitoring system. These records must be maintained and made available to the department upon request. (e) All handling of money associated with the purchase or sale of marihuana between facilities must be logged and tracked. These records must be maintained and made available to the department upon request. (f) A secure transporter shall have a route plan and manifest available for inspection by the department, through its investigators, agents, auditors, or the state police to determine compliance with the act and these rules. A copy of the route plan and manifest must be carried with the secure transporter during transport between marihuana facilities. A secure transporter is subject to administrative inspection by a law enforcement officer at any point during the transportation of marihuana product pursuant to the act or these rules. A copy of a route plan and manifest must be carried in the transporting vehicle and presented to a law enforcement officer upon request. (g) A secure transporter shall follow the manifest. In cases of emergencies the secure transporter shall notify the transferor and transferee, update the statewide monitoring system and revise the manifest to reflect the unexpected change to the original manifest. (h) The reasonable timeframe for the secure transporter to maintain custody of the marihuana is not more than 48 hours or by permission of the department on a case-by-case basis. (i) A secure transporter shall identify and record all vehicles with the department and have the required registration with the secretary of state as required under state law. Secure transporter vehicles may be subject to inspection at any time by the department, through its investigators, agents, auditors, or the state police to determine compliance with act or these rules. (3) To ensure the safety, security, and integrity of the operation of marihuana facilities, a provisioning center shall have a separate room that is dedicated as the point of sale area for the transfer or sale of marihuana product as provided in the act and these rules. The provisioning center shall keep marihuana products behind a counter or other barrier to ensure a registered qualifying patient or registered primary caregiver does not have direct access to the marihuana products. Rule 26. Building and fire safety. (1) An applicant’s proposed marihuana facility or a licensee’s marihuana facility may be subject to inspection by a state building code official, state fire official, or code enforcement official to confirm that no health or safety concerns are present. (2) The department or its authorized agents, state building code official, or his or her authorized designee may conduct pre-licensure and post-licensure inspections to ensure that applicants and licensees comply with the Stille-DeRossett-Hale single state construction code act, 1972 PA 230, MCL 125.1501 to 125.1531. (3) An applicant or licensee shall not operate a marihuana facility unless a permanent certificate of occupancy has been issued by the appropriate enforcing agency. Prior to a certificate of occupancy being issued work must be completed in accordance with the Stille-DeRossett-Hale single state construction code act, 1972 PA 230, MCL 125.1501 to 125.1531. All of the following apply: (a) An applicant or licensee shall obtain a building permit for any building utilized as a proposed marihuana facility or marihuana facility as provided in the act and these rules. The issuance,

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enforcement, and inspection of building permits under this act may remain with the governmental entity having jurisdiction under 1972 PA 230, MCL 125.1501 to 125.1531. (b) An applicant or licensee shall obtain a building permit for a change of occupancy for an existing building to be utilized as a proposed marihuana facility or marihuana facility as provided in the act and these rules. (4) An applicant or licensee shall not operate a marihuana facility unless the proposed marihuana facility or marihuana facility has passed prelicensure fire safety inspection by the Bureau of Fire Services (BFS). The department or its authorized agents, or state fire marshal or his or her authorized designee, may conduct pre-licensure and post-licensure inspections of a marihuana facility. An applicant or licensee shall comply with the following: (a) A BFS inspection may be conducted at any reasonable time to ensure fire safety compliance as provided in this rule and subrule (5) of this rule. A BFS inspection may be annual or biannual and result in the required installation of fire suppression devices or other means necessary for adequate fire safety pursuant to state standards. (b) BFS may require marihuana facilities to obtain operational permits, including but not limited to, carbon dioxide systems used in beverage dispensing applications, amended for cultivation use and extraction, compressed gases, combustible fibers, flammable and combustible liquids, fumigation and insecticidal fogging, hazardous materials, high piled storage (high rack system cultivation), and liquefied petroleum (LP) gas. (c) For specific installation or systems, BFS may require facilities to obtain construction permits, including but not limited to, building construction, electrical, mechanical, compressed gases, flammable and combustible liquids, hazardous materials, LP gas, automatic fire extinguishing/suppression systems, fire alarm and detections systems, and related equipment found during fire safety inspections. (5) The department or its authorized agents, or state fire marshal or his or her authorized designee, may conduct a BFS fire safety inspection of marihuana facility, at any reasonable time to ensure compliance with the national fire protection association (NFPA) standard 1, 2018 edition, entitled “fire code,” which is adopted by reference as part of these rules. A licensee shall comply with the NFPA 1, 2018 fire code as adopted and the following additional requirements: (a) Ductwork must be installed with accordance with the manufacturer and NFPA 90A. (b) Suppression systems outlined in NFPA 12, NFPA 13, NFPA 17, NFPA 2001 may be required to meet the suppression needs within a marihuana facility. (c) Processors, growers, and safety compliance facilities shall implement appropriate exhaust ventilation systems to mitigate noxious gasses or other fumes used or created as part of any production process or operations. Exhaust ventilation equipment must be appropriate for the hazard involved and must comply with local fire code and Michigan mechanical codes. (6) In addition to meeting all the requirements in subrules (1) to (4) of this rule, growers and processors shall also comply with the following: (a) The department or its authorized agents, or state fire marshal or his or her authorized designee, may enter and inspect a grower and processor marihuana facility at any reasonable time. (b) In addition to any inspections required under the act and these rules, fire safety inspections are required if any of the following occur: (i) Modifications to the grow areas, rooms and storage, extraction equipment and process rooms, or marihuana-infused product processing equipment within a marihuana facility. (ii) Changes in occupancy. (iii) Material changes to a new or existing grower or processor facility including changes made pre-licensure and post-licensure. (iv) Changes in extraction methods and processing or grow areas and building structures may trigger a new inspection.

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(c) For extractions using compressed gases of varying materials including, but not limited to, butane, propane, and carbon dioxide that are used in multiple processes in cultivation or extraction the following must be met: (i) Flammable gases of varying materials may be used in multiple processes in cultivation or extraction and must meet the requirements in NFPA 90 A, NFPA 58, Appendix B of NFPA 58, NFPA 70 and the applicable parts of the international fuel gas code. (ii) Processes that extract oil from marihuana plants and marihuana products using flammable gas or flammable liquid must have leak and/or gas detection measures. All equipment used in the detection of flammable and/or toxic gases must be approved by the BFS and may require construction and mechanical permits. (iii) Marihuana facilities that have exhaust systems are regulated by NFPA 45, NFPA 91 and the applicable parts of the Michigan mechanical code. Rule 27. Security measures; required plan; video surveillance system. (1) An applicant for a license to operate a proposed marihuana facility shall submit a security plan that demonstrates, at a minimum, the ability to meet the requirements of this rule. (2) Licensees shall ensure that any person at the marihuana facility, except for employees of the licensee, are escorted at all times by the licensee or at least 1 employee of the licensee when in the limited-access areas at the marihuana facility. (3) A licensee shall securely lock the marihuana facility, including all interior rooms, windows, and points of entry and exits with commercial-grade, nonresidential door locks. (4) A licensee shall maintain an alarm system at the marihuana facility. Upon request, a licensee shall make available to the department all information related to the alarm system, monitoring, and alarm activity. (5) A licensee shall have a video surveillance system that, at a minimum, consists of digital or network video recorders, cameras capable of meeting the recording requirements in this rule, video monitors, digital archiving devices, and a color printer capable of delivering still photos. (6) The licensee shall ensure the video surveillance system does all the following: (a) Records at a minimum the following areas: (i) Any areas where marihuana products are weighed, packed, stored, loaded, and unloaded for transportation, prepared, or moved within the marihuana facility. (ii) Limited-access areas and security rooms. Transfers between rooms must be recorded. (iii) Areas storing a surveillance system storage device with at least 1 camera recording the access points to the secured surveillance recording area. (iv) The entrances and exists to the building must be recorded from both indoor and outdoor vantage points. The areas of entrance and exit between marihuana facilities at the same location if applicable, including any transfers between marihuana facilities. (v) Point of sale areas where marihuana products are sold and displayed for sale. (b) Records at all times images effectively and efficiently of the area under surveillance with sufficient resolution. (7) A licensee shall install each camera so that it is permanently mounted and in a fixed location. Each camera must be placed in a location that allows the camera to clearly record activity occurring within 20 feet of all points of entry and exit on the marihuana facility, and allows for the clear and certain identification of any person, including facial features, and activities, including sales or transfers, in all areas required to be recorded under these rules. (8) A licensee shall have cameras that record continuously 24 hours per day and recorded images must clearly and accurately display the time and date.

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(9) A licensee must secure the physical media or storage device on which surveillance recordings are stored in a manner to protect the recording from tampering or theft. (10) A licensee shall keep surveillance recordings for a minimum of 14 days, except for in instances of investigation or inspection by the department, through its investigators, agents, auditors, or the state police, in which case the licensee shall retain the recordings until such time as the department notifies the licensee that the recordings may be destroyed. (11) Surveillance recordings of the licensee are subject to inspection by the department, through its investigators, agents, auditors, or the state police, and must be kept in a manner that allows the department to view and obtain copies of the recordings at the marihuana facility immediately upon request. The licensee shall also send or otherwise provide copies of the recordings to the department upon request within the time specified by the department. (12) A licensee shall maintain a video surveillance system equipped with a failure notification system that provides notification to the licensee of any interruption or failure of the video surveillance system or video surveillance system storage device. (13) A licensee shall maintain a log of the recordings, which includes all of the following: (a) The identities of the employee or employees responsible for monitoring the video surveillance system. (b) The identity of the employee who removed the recording from the video surveillance system storage device and the time and date removed. (c) The identity of the employee who destroyed any recording. Rule 28. Prohibitions. (1) Marihuana products not identified and recorded in the statewide monitoring system pursuant to the act, the marihuana tracking act, or these rules are prohibited from being on or at a marihuana facility. A licensee is prohibited from transferring or selling marihuana product that is not identified in the statewide monitoring system pursuant to the act or these rules. (2) Any marihuana product without a batch number or identification tag or label pursuant to these rules is prohibited from being on or at a marihuana facility. Marihuana product must be immediately tagged or identified into the statewide monitoring system or recorded as part of a batch as defined in these rules. (3) A violation of these rules may result in sanctions or fines, or both, in accordance with the act or these rules. Rule 29. Plant batches, testing procedures. (1) A grower shall uniquely identify each immature plant batch in the statewide monitoring system. Each immature plant batch must not consist of more than 100 immature plants. (2) A grower shall tag each plant that is greater than 8 inches in height or more than 8 inches in width with an individual plant tag and record the identification information in the statewide monitoring system. (3) A grower shall delineate or separate the plants as the plants go through different growth stages and ensure that the plant tag is always identified with the plant throughout the growth span so that all plants can be easily identified and inspected pursuant to the act and these rules. A grower shall ensure that identification information is recorded in the statewide monitoring system in accordance with the act, the marihuana tracking act, and these rules. (4) After a tagged plant is harvested, it is part of a harvest batch so that a sample of the harvest batch can be tested by a safety compliance facility. A grower shall isolate a harvest batch from other plants or batches that has test results pending. A harvest batch must be easily distinguishable from other harvest batches until the batch is broken down into packages.

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(5) Before the marihuana product can leave the grower facility, a sample of the harvest batch must be tested by a licensed safety compliance facility as provided in Rule 32, and test results must indicate a passed test result in the statewide monitoring system before the marihuana can be packaged. Marihuana product from harvest batches must not be transferred or sold until tested, packaged, and tagged as required under subrule (4) of this rule. (6) After test results show a passed test, the grower shall destroy the individual plant tags and the harvest batch is packaged. Each package must have a package tag attached. A grower shall ensure this information is placed in the statewide monitoring system in accordance with the act, the marihuana tracking act, and these rules. (7) A grower shall not transfer or sell any marihuana product that has not been packaged with a package tag attached and recorded in the statewide monitoring system in accordance with the act, the marihuana tracking act, and these rules. (8) After a processor receives or purchases a package in the statewide monitoring system, and the processor proceeds to process the marihuana product in accordance with the scope of a processor license, the act, and these rules, the processor must give the marihuana product a new package tag anytime it changes state or is incorporated into something else. (9) Once a package is created by a processor of the marihuana product in its final state, the processor shall have the sample tested pursuant to Rule 32. The processor shall not transfer or sell a final package until after test results indicate a passed test. (10) After a provisioning center receives or purchases marihuana product in the statewide monitoring system, a licensee may sell or transfer marihuana product only to a registered qualifying patient or registered primary caregiver under all of the following conditions: (a) The marihuana product has received passing test results in the statewide monitoring system. If the information cannot be confirmed, the marihuana product must be tested by a safety compliance facility and receive passing test results prior to sale or transfer. (b) The marihuana product bears the label required for retail sale under the act and these rules. Rule 30. Retesting. (1) A safety compliance facility may test or retest a sample to validate the results of a failed quality assurance test except as indicated under subrule (2) of this rule. The marihuana facility that provided the sample is responsible for all costs involved in a retest. (2) A failed test sample must pass 2 separate retests consecutively in order to be eligible to proceed to sale or transfer. If both retests pass, then the batch is out of quarantine and eligible for sale or transfer. If 1 or both retests fail, then the marihuana product must be destroyed as provided in these rules. (3) Marihuana product is prohibited from being retested in all the following: (a) The marihuana product is in a final package. (b) An original test for pesticides failed pursuant to these rules. If the amount of pesticides is not permissible by the department, the marihuana product is ineligible for retesting and the product must be destroyed. (c) An original failed test for microbials on marihuana-infused product is ineligible for retesting and the product must be destroyed. Rule 31. Testing; safety compliance facility. (1) A safety compliance facility shall use analytical testing methodologies for the required quality assurance tests in subrule (2) of this rule that are validated and may be monitored on an ongoing basis by the department or a third party which shall include either of the following: (a) Following the most current version of the Cannabis Inflorescence: Standards of Identity, Analysis, and Quality Control monograph published by the American Herbal Pharmacopoeia.

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(b) Following the alternative testing methodology approved by the department and validated by an independent third party that the methodology followed by the laboratory produces scientifically accurate results as quality assurance for each test it conducts. (2) A safety compliance facility shall conduct the required quality assurance tests that include all of the following: (a) Moisture content. (b) Potency analysis. (c) Tetrahydrocannabinol level. (d) Tetrahydrocannabinol acid level. (e) Cannabidiol and cannabidiol acid levels. (f) Foreign matter inspection. (g) Microbial and mycotoxin screening. (h) Pesticides. (i) Chemical residue. (j) Fungicides. (k) Insecticides. (l) Metals screening. (m) Residual solvents levels. (n) Terpene analysis. (o) Water activity content. (3) Except as otherwise provided, if a sample collected pursuant to Rule 32 or provided to a safety compliance facility pursuant to these rules does not pass the microbial, mycotoxin, heavy metal, pesticide chemical residue, or residual solvents levels test based on these rules, the marihuana facility that provided the sample shall dispose of the entire batch from which the sample was taken and document the disposal of the sample using the statewide monitoring system pursuant to the act, marihuana tracking act, and these rules. (4) For the purposes of the microbial test, a sample provided to a safety compliance facility pursuant to this rule is deemed to have passed if it satisfies the standards set forth in Table 9 of the Cannabis Inflorescence: Standards of Identity, Analysis, and Quality Control monograph adopted by reference pursuant to these rules. (5) For the purposes of the mycotoxin test, a sample provided to a safety compliance facility pursuant to this rule is deemed to have passed if it meets the following standards: Test Specification The total of aflatoxin B1, aflatoxin B2, aflatoxin G1 and aflatoxin G2........................................................................................... <20 uG/KG of Substance Ochratoxin A........................................................................................... <20 uG/KG of Substance (6) For the purposes of the heavy metal test, a sample of marihuana is deemed to have passed if it meets the following standards: Metal Natural Health Products Acceptable Limits for Acceptable Limits uG/KG (X) Finished Products (ug/g) (Y)

Arsenic <0.14 0.98 Cadmium <0.09 0.63 Lead <0.29 2.0 Mercury <0.29 2.0

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The acceptable limit for finished products is calculated using the following equation: X ug/kg x 70 kg x 1/10 g = Y ug/g (7) A safety compliance facility shall do the following: (a) Become fully accredited to the International Organization for Standardization (ISO), ISO/IEC 17025, by an ISO 17011, ILAC recognized accreditation body or by an entity approved by the department within 1 year after the date the license is issued and agree to have the inspections and reports of the International Organization for Standardization made available to the department. (b) Become provisionally accredited under subdivision (a) of this subrule within 6 months from the issuance of a license. A safety compliance facility may be ordered to cease operations if provisional accreditation is not received within 6 months. (c) Maintain internal standard operating procedures. (d) Maintain a quality control and quality assurance program. (8) The department shall establish a proficiency testing program and designate safety compliance facility participation. A safety compliance facility shall analyze proficiency test samples using the same procedures with the same number of replicate analyses, standards, testing analysts and equipment as used for marihuana product testing. (9) The department shall publish a list of approved pesticides for use in the cultivation and production of marihuana plants and marihuana products to be sold or transferred in accordance with the act or these rules. For the purposes of the pesticide chemical residue test, a sample provided to a safety compliance facility pursuant to this rule is deemed to have passed as to that chemical if the sample satisfies the most stringent acceptable standard for an approved pesticide chemical residue as set forth in Subpart C of 40 C.F.R. Part 180, 40 C.F.R., § 180, et seq. or FIFRA section 25(b), whichever is more stringent. (10) If a sample provided to a safety compliance facility pursuant to this rule and Rule 32 passes the tests required under subrule (2) of this rule, the safety compliance facility shall enter the information in the statewide monitoring system of passed test results. Passed test results must be in the statewide monitoring system for a batch to be released for immediate processing, packaging, and labeling for transfer or sale in accordance with the act and these rules. (11) A safety compliance facility shall enter the results into the statewide monitoring system and file with the department an electronic copy of each safety compliance facility test result for any batch that does not pass the required tests while it transmits those results to the facility that provided the sample. In addition, a safety compliance facility shall maintain the test results and make them available to the department upon request. (12) The department shall take immediate disciplinary action against any safety compliance facility that fails to comply with the provisions of this rule or falsifies records related to this rule, including any sanctions or fine, or both. (13) A safety compliance facility is prohibited from doing the following: (a) Desiccating samples. (b) Dry labeling samples. (c) Pre-testing samples. (14) A safety compliance facility shall comply with random quality assurance compliance checks upon the request of the department. The department or its authorized agents may collect a random sample of marihuana product from a safety compliance facility or designate another safety compliance facility to collect a random sample of marihuana product in a secure manner to test that sample for quality assurance compliance pursuant to this rule. (15) A safety compliance facility shall comply with the Cannabis Inflorescence: Standards of Identity, Analysis, and Quality Control monograph published by the American Herbal Pharmacopoeia, and any updates, which is adopted by reference as part of these rules, unless these rules provide otherwise.

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Rule 32. Sampling. (1) A safety compliance facility shall test samples as provided in the act, the Michigan medical marihuana act, and these rules. (2) To ensure the safety, security, and integrity of the operation of marihuana facilities, a safety compliance facility shall collect the samples of marihuana product from another marihuana facility as follows: (a) The safety compliance facility shall physically collect samples of marihuana product from another marihuana facility to be tested at the safety compliance facility. The safety compliance facility shall ensure the samples of marihuana product are placed in secured, sealed containers that bear the labeling information as required under these rules. (b) The safety compliance facility shall collect a sample size sufficient to complete all analyses required but the sample shall in no case be less than 0.5% of the weight of the batch (9.1 gram minimum). The maximum batch size should be 10 pounds. The department may publish recommendations for this subdivision based on the type of marihuana product being tested. (c) The safety compliance facility shall enter in the statewide monitoring system the marihuana product sample that was collected from a grower, processor, or provisioning center, including the date and time the marihuana product is collected, transferred, tested, and returned. (d) When a testing sample is collected from a marihuana facility for testing in the statewide monitoring system, that marihuana facility must quarantine the marihuana product that is undergoing the testing from any other marihuana product at the marihuana facility. The marihuana facility shall indicate the sample being tested in the statewide monitoring system. The quarantined marihuana product must not be transferred or sold until testing results pass as provided under these rules. (e) Any marihuana product that a safety compliance facility collects for testing from a licensee under this rule must not be transferred or sold to any other marihuana facility other than the licensee from whom the sample was collected. (f) A safety compliance facility may request additional sample material from the same licensee where the sample was collected from for the purposes of completing the required quality assurance tests as long as the requirements of this rule are met. (g) A safety compliance facility or its authorized employee shall be physically present when collecting the samples of marihuana product for testing. Rule 33. Requirements and restrictions on marihuana-infused products; edible marijuana product. (1) A processor shall prepackage and properly label marihuana-infused products before sale or transfer. (2) A processor of marihuana-infused products shall list and record the THC level of marihuana-infused products, as provided in Rule 34, in the statewide monitoring system and indicate the THC level on the label along with the tag identification as required under these rules. Items that are part of a product recall issued in the statewide monitoring system, the department, or other state agency if applicable must be immediately pulled from production and not sold or transferred. (3) Marihuana-infused products must be stored and secured as prescribed under these rules. (4) At a minimum, a processor shall label any marihuana-infused product it produces or packages with all the following: (a) The name and address of the marihuana facility that processes or packages the marihuana-infused product. (b) The name of the marihuana-infused product. (c) The ingredients of the marihuana-infused product, in descending order of predominance by weight. (d) The net weight or net volume of the product.

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(e) For an edible marihuana product, the processor shall comply with subdivisions (a) to (d) of this subrule and all of the following: (i) Allergen labeling as specified by federal labeling requirements. (ii) If any nutritional claim is made, appropriate labeling as specified by federal labeling requirements and these rules. (iii) A statement printed in at least the equivalent of 11-point font size in a color that provides a clear contrast to the background: "Made in a marihuana facility.” (5) A processor of edible marihuana product shall comply with all the following to ensure safe preparation: (a) 21 CFR part 110, except that refrigerated potentially hazardous marihuana product must be stored at 4.4 degrees Celsius (40 degrees Fahrenheit) or below. (b) The licensee shall provide employee training on safe food handling by providing any of the following: (i) Proof of ServSafe certification. (ii) Documentation of employee training on food handling, including, but not limited to, allergens and proper sanitation and safe food handling techniques. (c) A licensee, to ensure the safe preparation standards under this subrule, shall comply with 1 or more of the following: (i) FDA Food Safety Modernization Act (FSMA), 21 U.S.C. section 2201 et seq. (ii) Safe Quality Food (SQF), 7.2 edition. (iii)The International Organization for Standardization (ISO), ISO 22000/ISO/TS 22002-1. (d) The department may request in writing documentation to verify certifications and compliance with these rules. (6) A processor edible marihuana product must comply with all the following: (a) No edible marihuana product can be in a shape, color, package, or labeled in a manner that it would appeal to minors aged 17 years or younger. No edible marihuana product can be associated with or have cartoons, caricatures, toys, colors, designs, shapes, labels, or package that would appeal to minors. (b) No edible marihuana product can be easily confused with commercially sold candy. The use of the word candy or candies on the packaging or labeling is prohibited. (c) An edible marihuana product must be in child resistant packages or containers. (7) A processor is prohibited from producing an edible marihuana product that requires time or temperature control for safety. The end-product must be a stable shelf-life edible marihuana product. (8) For purposes of this rule, the term “edible marihuana product” means any marihuana-infused product containing marihuana that is intended for human consumption in a manner other than smoke inhalation. (9) This rule does not affect the application of any applicable local, state, or federal laws or regulations. Rule 34. Maximum THC levels for marihuana-infused products. Marihuana-infused products processed, sold, or transferred through provisioning centers must not exceed the maximum THC levels as shown in table 1 as follows:

TABLE 1

Maximum THC Levels for Marihuana-Infused Products

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*All

limits allow for a

variance of + or – 10%. Rule 35. Storage of marihuana product. (1) All inventory of marihuana products must be stored at a marihuana facility in a secured limited access area or restricted access area, and identified and tracked consistently with the statewide monitoring system under the act, the marihuana tracking act, or these rules. (2) All containers used to store marihuana products for transfer or sale between marihuana facilities must be clearly marked, labeled, or tagged, if applicable, and enclosed on all sides in secured containers. The secured containers must be latched or locked in a manner to keep all contents secured within. Each secured container must be identified and tracked in accordance with the act, the marihuana tracking act, and these rules. (3) All chemicals or solvents must be stored separately from marihuana products and kept in locked storage areas. (4) Marihuana-infused products or materials used in direct contact with such products must have separate storage areas from toxic or flammable materials. (5) A provisioning center shall store all marihuana products for transfer or sale behind a counter or other barrier separated from stock rooms. (6) A safety compliance facility shall establish an adequate chain of custody and instructions for sample and storage requirements. (7) A licensee shall ensure that any stock or storage room meets the security requirements of these rules and any other applicable requirements in the act and these rules.

Rule 36. Marihuana product destruction and waste management. (1) Marihuana product that is to be destroyed or is considered waste must be rendered into an unusable and unrecognizable form and recorded in the statewide monitoring system. (2) A licensee shall not sell marihuana waste or marihuana products that are to be destroyed, or that the department orders destroyed. (3) A licensee shall manage all waste that is hazardous waste pursuant to part 111 of 1994 PA 451, MCL 324.11101 to 324.90106.

MEDICAL MARIHUANA THC CONCENTRATION AND SERVING SIZE LIMITS Type of Marihuana-Infused Product

Maximum Concentration or Amount of THC Per Serving*

Maximum Concentration or Amount of THC in Container*

Topical formulation (examples – lotions, balms, rubs, etc.)

N/A 6% by volume

Tincture N/A 1,000mg Beverage 50mg 500mg Edible Substance (examples – candy bars, cookies, popcorn, honey, gummies, butter, etc.)

50mg 500mg

Other similar high-potency infused product (examples – capsules, suppositories, transdermal patches, etc.)

N/A 1,000mg

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(4) A licensee shall dispose of marihuana product waste in a secured waste receptacle using 1 or more of the following: (a) A manned and permitted solid waste landfill. (b) A manned compostable materials operation or facility. (c) An in-vessel digester. (d) In a manner in compliance with applicable state and local laws and regulations. (5) Wastewater generated during the cultivation of marihuana and processing of marihuana products shall be disposed of in compliance with applicable state and local laws and regulations.

Rule 37. Tracking identification; labeling requirements; general. (1) All marihuana product sold or transferred between marihuana facilities must have the tracking identification number that is assigned by the statewide monitoring system affixed, tagged, or labeled and recorded, and any other information required by the department, the act, and these rules. (2) To ensure access to safe sources of marihuana product the department if alerted in the statewide monitoring system may recall any marihuana products, issue safety warnings, and require a marihuana facility to provide information material or notifications to a registered qualifying patient or registered primary caregiver at the point of sale. Rule 38. Marihuana plant; tracking requirements. Prior to a marihuana plant being sold or transferred, a package tag must be affixed to the plant or plant container and enclosed with a tamper proof seal that has the following information: (a) Business or trade name, licensee number, and RFID package tag assigned by the statewide monitoring system that is visible. (b) Name of the strain. (c) Date of harvest if applicable. (d) Seed strain if applicable. (e) Universal symbol if applicable. Rule 39. Marihuana product sale or transfer; labeling requirements. Prior to marihuana product being sold or transferred to or by a provisioning center, the container, bag, or product holding the marihuana product must have a label and be sealed with all the following information: (a) The name of the licensee and license number that is the producer, including business or trade name, and tag or source number as assigned by the statewide monitoring system. (b) The name of the licensee and license number including business or trade name of licensee that packaged the product, if different from the processor of the marihuana product. (c) The unique identification number for the package or the harvest if applicable. (d) Date of harvest. (e) Name of strain. (f) Net weight in United States customary and metric units. (g) Concentration of THC or CBD. (h) Activation time expressed in words or through a pictogram. (i) Name of the safety compliance facility that performed any test, any associated test batch number, and any test analysis date. (j) Universal symbol published by the department. (k) A warning that states all the following: (i) "For use by registered qualifying patients only. Keep out of reach of children." (ii) "It is illegal to drive a motor vehicle while under the influence of marihuana."

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Rule 40. Sale or transfer; provisioning centers. (1) A provisioning center may sell or transfer marihuana product to a registered qualifying patient or a registered primary caregiver if the following are met: (a) The licensee verifies with the statewide monitoring system that the registered qualifying patient or a registered primary caregiver holds a valid, current, unexpired, and unrevoked registry identification card. (b) The licensee confirms that the registered qualifying patient or the registered primary caregiver presented his or her valid driver license or government-issued identification card that bears a photographic image of the qualifying patient or primary caregiver. (c) The licensee determines, if completed, any transfer or sale will not exceed the daily purchasing limit prescribed in Rule 41. (d) Any marihuana product that is sold or transferred under this rule has been tested and bears the label required for sale or transfer in accordance with Rule 39. (2) A provisioning center may sell or transfer marihuana product to a visiting qualifying patient if all the following are met: (a) The licensee verifies that the visiting qualifying patient has a valid unexpired medical marihuana registry card or its equivalent issued in another state, district, territory, commonwealth, or insular possession of the United States that allows the medical use of marihuana. (b) The licensee confirms that the visiting qualifying patient presented his or her valid driver license or government-issued identification card that bears a photographic image of the visiting qualifying patient. (c) The licensee determines, if completed, any transfer or sale will not exceed the daily purchasing limit prescribed in Rule 41. (d) Any marihuana product that is sold or transferred under this rule has been tested and bears the label required for sale or transfer in accordance with Rule 39. (e) For purposes of this subrule, the term “visiting qualifying patient” means that term as defined in section 3 of the Michigan medical marihuana act. (3) The provisioning center shall enter all transactions, current inventory, and other information required by these rules in the statewide monitoring system in compliance with the act, marihuana tracking act, and these rules. The provisioning center shall maintain appropriate records of all sales or transfers under the act and these rules and make them available to the department through its investigators, agents, auditors, or the state police upon request. Rule 41. Daily purchasing limits; provisioning center. The licensee shall verify in the statewide monitoring system before a sale or transfer of marihuana product to a registered qualifying patient or registered primary caregiver that the sale or transfer will not exceed the daily purchasing limit as follows: (a) For a registered qualifying patient, an amount of marihuana product that does not, in total, exceed 2.5 ounces per day. (b) For a registered primary caregiver, an amount of marihuana product that does not, in total, exceed 2.5 ounces per day for each registered qualifying patient with whom he or she is connected through the department’s registration process. Rule 42. Marketing and advertising restrictions. (1) Marihuana facilities shall comply with all municipal ordinances, state law, and these rules regulating signs and advertising. (2) A licensee shall not advertise marihuana product where the advertisement is visible to members of the public from any street, sidewalk, park, or other public place.

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(3) Marihuana products must be marketed or advertised as “medical marihuana” for use only by registered qualifying patients or registered primary caregivers. (4) Marihuana products must not be marketed or advertised to minors aged 17 years or younger. Sponsorships targeted to members aged 17 years or younger are prohibited.

Rule 43. Employees; requirements. (1) A licensee shall conduct a criminal history background check on any prospective employee prior to hiring that individual pursuant to section 405 of the act. The licensee shall keep records of the results of the criminal history background checks. A licensee shall record confirmation of criminal history background checks and make the confirmation of criminal history background checks available for inspection upon request by the department or authorized persons. (2) To ensure the safety, security, and integrity of marihuana facility operations, a licensee shall comply with all of the following: (a) A licensee shall have a policy in place that requires employees to report any new or pending charges or convictions. If an employee is charged or convicted for a controlled substance-related felony or any other felony, the licensee shall report it immediately to the department. (b) A licensee shall enter any employee of the licensee at the time of hire in the statewide monitoring system for an identification number that will be assigned by the department in the statewide monitoring system. The licensee shall immediately update in the statewide monitoring system employee information and status. (c) If an employee is no longer employed by a licensee, the licensee shall remove access and permissions to the marihuana facility and the statewide monitoring system. (d) A licensee shall train employees and have an employee training manual that includes, but is not limited to, employee safety procedures, employee guidelines, security protocol, and educational training, including, but not limited to, marihuana product information, dosage and daily limits, or educational materials. (e) A licensee shall establish point of sale or transfer procedures for employees at provisioning centers performing any transfers or sales to registered qualifying patients and registered primary caregivers. The qualifications and restrictions must include, but are not limited to, training in dosage, marihuana product information, health or educational materials, point of sale training, daily purchasing limits, CBD and THC information, serving size, and consumption information including any warnings. (f) A licensee shall screen prospective employees against a list of excluded employees based on a report or investigation maintained by the department in the statewide monitoring system. (g) At the time a registered primary caregiver is hired as an employee of a grower, processor, or secure transporter, the licensee or the individual shall withdraw registration as a registered primary caregiver in a manner established by the department. (h) If an individual is present at a marihuana facility or in a secure transporter vehicle who is not identified as a licensee or an employee of the licensee in the statewide monitoring system or is in violation of the act or these rules, the department, through its investigators, agents, auditors, or the state police may take any action permitted under the act and these rules. (3) Employee records are subject to inspection or examination by the department, through its investigators, agents, auditors, or the state police to determine compliance with the act or these rules. (4) For purposes of this rule “employee” includes, but is not limited to, hourly employees, contract employees, trainees, or any other person given any type of employee credentials or authorized access to the marihuana facility. Rule 44. Definitions.

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These rules use terms as defined in Rule 1, sections 101 to 102 of the act, and sections 1 to 3 of the APA. In addition, as used in this these rules: (a) “Agency” means the department, bureau, board, authority, or officer created by the constitution, statute, or agency action. (b) “APA” means the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. (c) “Contested case hearing” means an administrative hearing conducted by an administrative law judge within MAHS on behalf of the agency in accordance with MCL 333.27407(4) and 333.27302(i). (d) “MAHS” means the Michigan administrative hearing system within the Michigan department of licensing and regulatory affairs. (e) “MAHS general hearing rules” means the administrative hearing rules promulgated by the Michigan administrative hearing system set forth in R 792.10101 to R 792.10137 of the Michigan administrative code. (f) “Public investigative hearing” means a proceeding before the medical marihuana licensing agency to provide an applicant an opportunity to present testimony and evidence to establish suitability for a license, in accordance with MCL 333.27407(3). Rule 45. Hearing procedures; scope and construction of rules. (1) These rules apply to hearings under the jurisdiction of the agency involving the denial of a license or other licensing action pursuant to section 407 of the act, marihuana tracking act, or involving complaints brought by licensees pursuant to section 302 of the act. (2) These rules are construed to secure a fair, efficient, and impartial determination of the issues presented in a manner consistent with due process. (3) If the rules do not address a specific procedure, the MAHS general hearing rules, the currently effective Michigan court rules, and the contested case provisions of sections 71 to 87 of the APA apply. Rule 46. Hearing on license denial. (1) An applicant denied a license by the agency may request a public investigative hearing in writing within 21 days of service of notice of the denial. (2) After the agency receives notice of an applicant’s request for a public investigative hearing, the agency shall provide an opportunity for such hearing at which the applicant may present testimony and evidence to establish suitability for a license. (3) The agency shall provide the applicant with not less than 2 weeks written notice of the public investigative hearing. The notice must include all of the following information: (a) A statement of the date, hour, place, and nature of the hearing. (b) A statement of the legal authority and jurisdiction under which the hearing is to be held. (c) A short and plain statement of the issues involved, and reference to the pertinent sections of the act and rules involved. (d) A short description of the order and manner of presentation for the hearing. (4) Not less than 2 weeks before the hearing, the agency shall post notice of the public investigative hearing at its business office in a prominent place that is open and visible to the public. (5) The agency, or 1 or more administrative law judges designated and authorized by the agency, may conduct and preside over the public investigative hearing and may do all of the following: (a) Administer oaths or affirmations to witnesses called to testify at the hearing. (b) Receive evidence in the form of testimony and exhibits. (c) Establish and regulate the order of presentation and course of the public investigative hearing; set the time and place for continued hearings; and fix the time for filing written arguments, legal briefs, and other legal documents.

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(d) Accept and consider relevant written and oral stipulations of fact and law that are made part of the hearing record. (6) Upon timely request of the applicant or the agency in accordance with the Michigan court rules currently in effect, the agency or the agency’s designated administrative law judge may issue subpoenas duces tecum for the production of books, ledgers, records, memoranda, electronically retrievable data, and other pertinent documents and administer oaths and affirmations to witnesses as appropriate to exercise and discharge the powers and duties under the act. (7) During the public investigative hearing, the applicant and the agency must be given a full opportunity to present witnesses and questions or cross-examine the opposing party’s witnesses, and to present all relevant information to the agency regarding the applicant’s eligibility and suitability for licensure. (8) The applicant shall at all times have the burden of establishing, by clear and convincing evidence, its eligibility and suitability for licensure under the act and these rules. (9) The agency shall record the public investigative hearing at its direction, stenographically or by other means, to adequately ensure preservation of an accurate record of the hearing. (10) Following the public investigative hearing, the matter must be considered by a quorum of the agency at a regular or emergency meeting properly noticed, at which the agency shall decide whether to affirm, reverse, or modify in whole or in part the denial of license. (11) The agency’s decision to affirm, reverse, or modify in whole or in part the denial of license must be based on the whole record before the agency and not be limited to testimony and evidence submitted at the public investigative hearing, in accordance with section 407(3) of the act. (12) The agency’s decision to affirm, reverse, or modify in whole or in part the denial of license must be reduced to writing and served upon the applicant and agency within a reasonable time. Rule 47. Review of licensing action. (1) A licensee notified of a license violation, or of the agency’s intent to suspend, revoke, restrict, or refuse to renew a license or impose a fine, may be given an opportunity to show compliance with the requirements before the agency taking action as prescribed by the act or these rules. (2) A licensee aggrieved by an action of the agency to suspend, revoke, restrict, or refuse to renew a license, or to impose a fine, may request a contested case hearing in writing within 21 days of service of notice of the intended action. (3) Upon receipt of a timely request, the agency shall provide the licensee an opportunity for a contested case hearing in accordance with sections 71 to 87 of the APA and the MAHS general hearing rules. (4) The contested case hearing must be conducted by an administrative law judge or judges within the MAHS. (5) Upon timely request of the licensee or the agency in accordance with the Michigan court rules currently in effect, an assigned administrative law judge may issue subpoenas duces tecum for the production of books, ledgers, records, memoranda, electronically retrievable data, and other pertinent documents, and administer oaths and affirmations to witnesses as appropriate to exercise and discharge the powers and duties under the act. (6) A written request for admission may be served upon a designated party in a contested case pursuant to the Michigan court rules. Each of the matters for which an admission has been requested must be deemed admitted, unless the designated party responds to the request in the manner set forth in the currently effective Michigan court rules. (7) The agency has the burden of proving, by a preponderance of the evidence, that sufficient grounds exist for the intended action to suspend, revoke, restrict, or refuse to renew a license, or to impose a fine, or for the summary suspension of a license.

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Rule 48. Summary suspension. (1) If the agency summarily suspends a license under section 407(2) of the act without notice or hearing upon a determination that the safety or health of patrons or employees is jeopardized by continuing a marihuana facility’s operation, a post-suspension hearing must be held promptly to determine if the suspension should remain in effect, in accordance with section 92 of the APA and the MAHS general hearing rules. (2) At the post-suspension hearing, the agency has the burden of proving by a preponderance of the evidence that the summary suspension should remain in effect because the safety or health of patrons or employees is jeopardized by continuing a marihuana facility’s operation. (3) Immediately after the post-suspension hearing, the administrative law judge assigned to hear the matter shall issue a written order granting or denying dissolution of the summary suspension. (4) If the licensee fails to appear at the post-suspension hearing, the administrative law judge shall find that the safety or health of patrons or employees is jeopardized by continuing a marihuana facility’s operation, and continue the order of summary suspension. (5) The record created at the post-suspension hearing becomes a part of the record at any subsequent hearing in the contested case.

Rule 49. Complaint by licensee. (1) A licensee may file a written complaint with the agency regarding any investigative procedures of this state that are believed to be unnecessarily disruptive of marihuana facility operations, as provided in MCL 333.27302(i). (2) The agency may delegate to a subcommittee of the agency the authority to hear, review, or rule on a licensee complaint. (3) The agency or its subcommittee may delegate authority to an administrative law judge to hear a licensee complaint as a contested case in accordance with sections 71 to 79 of the APA and the MAHS general hearing rules. (4) As the complaining party, a licensee has the burden of proving by a preponderance of the evidence that the investigative procedures of this state unreasonably disrupted its marihuana facility operations. Rule 50. Proposal for decision, exceptions, and replies. Following an opportunity for contested case hearing and closure of the record after submission of briefs, if any, the administrative law judge shall prepare and serve upon the parties a proposal for decision containing proposed findings of fact and conclusions of law, in accordance with section 81 of the APA.

Rule 51. Final order. (1) The agency shall consider the entire contested case record and may affirm, reverse, or modify all or part of the proposal for decision. (2) The agency’s decision must be reduced to writing and served upon the licensee within a reasonable time. (3) The review decision or order of the agency following an opportunity for hearing is deemed to be the final agency decision or order for purposes of judicial review under sections 101 to 106 of the APA.

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MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

_______________________________________ Shelly Edgerton, Director

Department of Licensing and Regulatory Affairs Pursuant to Section 48(1) of 1969 PA 306, as amended, MCL 24.248(1), I hereby concur in the finding of the Department of Licensing and Regulatory Affairs that the circumstances creating an emergency have occurred and the promulgation of the above rules is required for the preservation of the public health, safety, and welfare. ________________________________ _____________ Rick Snyder, Governor Date

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(2018 SESSION) MCL 24.208 states in part: “Sec. 8. (1) The Office of Regulatory Reform shall publish the Michigan register at least once each month. The Michigan register shall contain all of the following:

* * * “(2) The office of regulatory reform shall publish a cumulative index for the Michigan register.” The following table cites administrative rules promulgated during the year 2018, and indicates the effect of these rules on the Michigan Administrative Code (1979 ed.).

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(2018 RULE FILINGS)

R Number Action

2018 MR

Issue R Number Action

2018 MR


2018 MR

Issue 18.1 R 6 123.55 R 10 299.4052 * 4 18.2 R 6 123.56 R 10 299.4053 * 4 18.3 R 6 123.61 R 10 299.4054 * 4 18.4 R 6 123.62 R 10 299.4055 * 4 18.5 R 6 123.63 R 10 324.103 * 11

18.11 R 6 123.64 R 10 324.201 * 11 18.21 R 6 123.65 R 10 324.206 * 11 18.31 R 6 205.1001 * 9 324.208 * 11 18.41 R 6 205.1002 * 9 324.212 * 11 18.51 R 6 205.1003 * 9 324.703 * 11 18.61 R 6 205.1004 * 9 324.704 * 11 18.71 R 6 205.1006 R 9 324.801 * 11

18.351 * 5 205.1006a A 9 324.802 * 11 18.354 * 5 205.1006b A 9 324.803 * 11 123.1 R 10 205.1006c A 9 324.804 * 11 123.3 R 10 205.1006d A 9 324.805 * 11 123.4 R 10 205.1007 * 9 324.806 * 11 123.5 R 10 205.1008 * 9 324.807 * 11

123.20 R 10 205.1009 * 9 324.808 * 11 123.21 R 10 205.1010 * 9 324.809 A 11 123.22 R 10 205.1011 * 9 324.810 A 11 123.23 R 10 257.531 * 5 324.811 A 11 123.24 R 10 257.532 * 5 324.812 A 11 123.30 R 10 257.533 * 5 324.813 A 11 123.31 R 10 257.534 * 5 324.814 A 11 123.32 R 10 257.535 * 5 324.815 A 11 123.33 R 10 257.536 * 5 324.816 A 11 123.34 R 10 257.537 * 5 324.1102 * 11 123.35 R 10 257.538 * 5 324.1451 A 9 123.36 R 10 257.539 * 5 324.1452 A 9 123.37 R 10 257.540 * 5 324.1453 A 9 123.38 R 10 281.770.16 R 8 324.1454 A 9 123.40 R 10 299.4001 * 4 324.1455 A 9 123.43 R 10 299.4002 * 4 324.1456 A 9 123.44 R 10 299.4003 * 4 324.1457 A 9 123.51 R 10 299.4004 * 4 325.2491 R 6 123.52 R 10 299.4006 * 4 325.2492 R 6 123.53 R 10 299.4007 * 4 325.2493 R 6 123.54 R 10 299.4051 * 4 325. 2651 * 2

(* Amendment to Rule, A Added Rule, N New Rule, R Rescinded Rule)

2018 MR 10 – June 15, 2018

106

R Number Action

2018 MR


2018 MR


2018 MR

Issue 325.2652 * 2 338.10403 * 5 339.22620 A 10 325.2653 * 2 338.10404c A 5 339.22621 A 10 325.2654 * 2 338.10405c A 5 339.22622 A 10 325.2655 * 2 338.10601 * 5 339.22623 A 10 325.2656 R 2 338.10602 * 5 339.22624 A 10 325.2657 R 2 338.10702 * 5 339.22625 A 10

325.14202 * 3 338.10703 * 5 339.22626 A 10 325.14205 * 3 338.10704 * 5 339.22627 A 10 325.34001 A 3 339.15101 * 9 339.22628 A 10 325.34005 A 3 339.15201 * 9 339.22629 A 10 325.34010 A 3 339.15202 * 9 339.22630 A 10

338.201 A 2 339.15301 * 9 339.22631 R 10 338.202 A 2 339.15501 * 9 339.22632 A 10 338.203 A 2 339.15502 * 9 339.22645 R 10 338.204 A 2 339.15502a A 9 339.23104 A 10

338.7001a * 5 339.15504 * 9 339.23203 * 10 338.10204 * 5 339.15505 R 9 339.23326 * 10 338.10207 * 5 339.15506 * 9 340.241 * 2 338.10208 * 5 339.22101 * 10 340.242 * 2 338.10209 * 5 339.22201 R 10 340.281 * 10 338.10210 * 5 339.22203 * 10 340.282 * 10 338.10212 * 5 339.22217 * 10 340.1707 * 2 338.10213 * 5 339.22219 * 10 340.1719 R 2 338.10301 * 5 339.22221 A 10 340.1723c * 2 338.10303 * 5 339.22313 * 10 340.1724d * 2 338.10303a * 5 339.22315 * 10 340.1742 * 2 338.10303b * 5 339.22601 R 10 340.1799c * 2 338.10303c * 5 339.22602 R 10 408.65 * 10 338.10303d A 5 339.22603 R 10 408.82 * 10 338.10305 * 5 339.22604 R 10 408.10001 * 2 338.10305a * 5 339.22605 R 10 408.10002 A 2 338.10305b * 5 339.22606 R 10 408.10003 * 2 338.10305c * 5 339.22607 R 10 408.10004 * 2 338.10306 * 5 339.22609 R 10 408.10005 * 2 338.10307 * 5 339.22611 R 10 408.10011 * 2 338.10308 * 5 339.22613 R 10 408.10012 * 2 338.10309 * 5 339.22617 R 10 408.10013 A 2 338.10310 * 5 339.22618 A 10 408.10015 * 2 338.10401 * 5 339.22619 A 10 408.10016 R 2


2018 MR 10 – June 15, 2018

107

R Number Action

2018 MR


2018 MR


2018 MR

Issue 408.10017 * 2 408.10307 R 2 408.10441 R 2 408.10021 R 2 408.10308 R 2 408.10442 R 2 408.10022 R 2 408.10310 R 2 408.10443 R 2 408.10026 * 2 408.10311 R 2 408.10445 R 2 408.10031 * 2 408.10321 R 2 408.10446 R 2 408.10034 * 2 408.10323 R 2 408.10447 R 2 408.10036 * 2 408.10324 R 2 408.10451 R 2 408.10098 R 2 408.10325 R 2 408.10452 R 2 408.10201 * 2 408.10326 R 2 408.10454 R 2 408.10202 A 2 408.10328 R 2 408.10456 R 2 408.10203 A 2 408.10331 R 2 408.10501 * 3 408.10204 A 2 408.10333 R 2 408.10502 * 3 408.10205 * 2 408.10335 R 2 408.10503 * 3 408.10206 R 2 408.10341 R 2 408.10504 * 3 408.10207 R 2 408.10342 R 2 408.10505 * 3 408.10208 R 2 408.10345 R 2 408.10506 * 3 408.10211 R 2 408.10351 R 2 408.10507 * 3 408.10213 R 2 408.10352 R 2 408.10508 * 3 408.10215 R 2 408.10353 R 2 408.10509 * 3 408.10217 R 2 408.10354 R 2 408.10511 R 3 408.10219 R 2 408.10355 R 2 408.10512 R 3 408.10220 R 2 408.10357 R 2 408.10513 R 3 408.10221 R 2 408.10361 R 2 408.10518 A 3 408.10223 R 2 408.10365 R 2 408.10521 R 3 408.10227 R 2 408.10371 R 2 408.10522 R 3 408.10228 R 2 408.10372 R 2 408.10523 R 3 408.10230 R 2 408.10401 R 2 408.10524 R 3 408.10231 R 2 408.10403 R 2 408.10525 R 3 408.10232 R 2 408.10404 R 2 408.10526 R 3 408.10233 R 2 408.10406 R 2 408.10527 R 3 408.10235 R 2 408.10407 R 2 408.10528 R 3 408.10236 R 2 408.10408 R 2 408.10529 R 3 408.10237 R 2 408.10421 R 2 408.10530 R 3 408.10239 R 2 408.10422 R 2 408.10531 R 3 408.10240 R 2 408.10427 R 2 408.10532 R 3 408.10241 R 2 408.10428 R 2 408.10533 R 3 408.10301 R 2 408.10431 R 2 408.10534 R 3 408.10305 R 2 408.10432 R 2 408.10535 R 3 408.10306 R 2 408.10433 R 2 408.10541 R 3


2018 MR 10 – June 15, 2018

108

R Number Action

2018 MR


2018 MR


2018 MR

Issue 408.10542 R 3 408.12726 * 3 408.13395g A 3 408.10543 R 3 408.12727 * 3 408.15001 * 3 408.10544 R 3 408.12728 * 3 408.15003 * 3 408.10545 R 3 408.12730 * 3 408.15004 * 3 408.11801 * 3 408.12733 * 3 408.15201 * 3 408.11807 * 3 408.12736 * 3 408.15209 * 3 408.11808 * 3 408.12739 * 3 408.15211 * 3 408.11821 * 3 408.12741 * 3 408.15212a * 3 408.11823 * 3 408.12755 * 3 408.15222 * 3 408.11824 * 3 408.12759 * 3 408.15225 * 3 408.11835 * 3 408.12761 * 3 408.15226 * 3 408.11843 * 3 408.12767 * 3 408.15229 * 3 408.11844 * 3 408.12773 * 3 408.15231 * 3 408.11852 * 3 408.12781 * 3 408.15247 * 3 408.11854 * 3 408.12784 * 3 408.15251 * 3 408.11863 * 3 408.12791 * 3 408.15254 * 3 408.11865 * 3 408.12792 * 3 408.15261 * 3 408.11871 * 3 408.12793 * 3 408.15271 * 3 408.11872 * 3 408.12798 * 3 408.15273 * 3 408.11873 * 3 408.13301 * 3 408.15275 * 3 408.12111 * 3 408.13301a * 3 408.15801 * 7 408.12131 * 3 408.13302 * 3 408.15802 * 7 408.12155 * 3 408.13303 * 3 408.15803 * 7 408.12164 * 3 408.13305 * 3 408.15804 * 7 408.12165 * 3 408.13306 * 3 408.15805 * 7 408.12169 * 3 408.13311 * 3 408.15810 * 7 408.12176 * 3 408.13325 * 3 408.15812 A 7 408.12190 * 3 408.13329 * 3 408.15815 * 7 408.12501 * 3 408.13344 * 3 408.15817 * 7 408.12510 * 3 408.13355 * 3 408.15825 * 7 408.12701 * 3 408.13367 * 3 408.15831 * 7 408.12702 * 3 408.13387 * 3 408.15832 * 7 408.12711 * 3 408.13390 R 3 408.15833 * 7 408.12712 * 3 408.13395a A 3 408.15836 * 7 408.12714 * 3 408.13395b A 3 408.15839 * 7 408.12717 * 3 408.13395c A 3 408.15842 * 7 408.12718 * 3 408.13395d A 3 408.16301 * 7 408.12719 * 3 408.13395e A 3 408.16302 * 7 408.12724 * 3 408.13395f A 3 408.16309 * 7


2018 MR 10 – June 15, 2018

109

R Number Action

2018 MR


2018 MR


2018 MR

Issue 408.16311 * 7 418.10208 * 5 484.1007 A 5 408.16312 * 7 418.10212 * 5 484.1008 A 5 408.16313 * 7 418.10214 * 5 484.1009 A 5 408.16318 A 7 418.10404 * 5 500.1261 R 9 408.16321 * 7 418.10416 * 5 500.1262 R 9 408.16322 * 7 418.10904 * 5 500.1263 R 9 408.16323 * 7 418.10905 * 5 500.1264 R 9 408.16325 * 7 418.10909 * 5 500.1265 R 9 408.16331 * 7 418.10912 * 5 500.1266 R 9 408.16333 * 7 418.10920 * 5 500.1267 R 9 408.16335 * 7 418.10923b * 5 500.1268 R 9 408.16338 * 7 418.10926 A 5 500.1269 R 9 408.16343 * 7 418.101002 * 5 500.1270 R 9 408.16345 * 7 418.101003 * 5 500.1271 R 9 408.16346 * 7 418.101003a * 5 501.351 R 7 408.16347 * 7 418.101008a * 5 501.352 R 7 408.16350 * 7 418.101010 A 5 501.353 R 7 408.16351 * 7 418.101501 * 5 501.354 R 7 408.16353 * 7 418.101503 * 5 550.101 R 7 408.16354 * 7 432.2 * 5 550.102 R 7 408.16356 * 7 432.5 * 5 550.103 R 7 408.16361 * 7 432.6 * 5 550.104 R 7 408.16362 * 7 432.16 * 5 550.105 R 7 408.16364 * 7 432.17 * 5 550.106 R 7 408.16372 * 7 432.21514 * 5 550.107 R 7 408.16375 * 7 432.21516 * 5 550.108 R 7 408.16377 * 7 436.1133 R 7 550.111 R 7 408.16387 * 7 474.101 R 2 550.112 R 7 408.18601 * 3 474.102 R 2 408.18602 * 3 474.103 R 2 408.18605 * 3 474.104 R 2 408.18610 * 3 474.105 R 2 408.19401 * 7 474.106 R 2 408.19403 * 7 484.1001 A 5 408.19405 * 7 484.1002 A 5 408.19410 A 7 484.1003 A 5 418.10106 * 5 484.1004 A 5 418.10107 * 5 484.1005 A 5 418.10207 * 5 484.1006 A 5


2018 MR 10 – June 15, 2018

110

CUMULATIVE

INDEX A

ATTORNEY GENERAL, DEPARTMENT OF Opinions Application of Minimum Wage Laws to Agricultural Employees

OAG Opinion No. 7301 (2018-1)

Preemption of local ordinances concerning farming activities OAG Opinion No. 7302 (2018-6)

Constitutional Limits on tax levies for district libraries OAG Opinion No. 7303 (2018-10)

E

Executive Order No. 1 -2018 (2018-1) No. 2 -2018 (2018-2) No. 3 -2018 (2018-5) No. 4 -2018 (2018-7) No. 5 -2018 (2018-7) No. 6 -2018 (2018-10) EDUCATION, DEPARTMENT OF Correction: Teacher and School Administrator Evaluation Tools (2018-9) Fees for Transporting Pupils to or from Nonmandatory and Noncredited Events (2018-2) Special Education Programs and Services (2018-2) Transportation of Nonpublic Schoolchildren (2018-10)

2018 MR 10 – June 15, 2018

111

ENVIRONMENTAL QUALITY, DEPARTMENT OF CORRECTIONS Oil and Gas Operations (2018-10) Oil and Gas Operations (2018-2*) Oil and Gas Operations (2018-8*) Part 9. Emission Limitation and Prohibitions – Miscellaneous (2018-3*) Supplying Water to the Public (2018-2*)

H HEALTH AND HUMAN SERVICES, DEPARTMENT OF Certificate of Need Nursing Home and Hospital Long Term Care Unit Beds (2017-18) Urinary Extracorporeal Shock Wave Lithotripsy Services (2018-10) Correction: Birth Defect Reporting (2018-1) Crime Victim Services – General Rules (2018-5) EMS Organization Licensure Rules (2018-5*)

H INSURANCE AND FINANCE, DEPARTMENT OF Certificates - Discretionary Clauses (2018-7) Certificates of No-Fault Self -Insurance (2018-5) Fire Insurance – Withholding (2018-9) Petition Requesting Promulgation, Amendment, Or Rescission Of Rules (2018-7) Procedures for Informal Managerial-level Conferences and Review by Commissioner of Insurance (2018-7)

L LICENSING AND REGULATORY AFFAIRS, DEPARTMENT OF CORRECTIONS Board of Real Estate Appraisers (2018-10) EMERGENCY RULE Medical Marihuana Facilities Licensing Act (2018-10) A standing Order for Dispensing Opioid Antagonists (2018-2) Architects - General Rules (2018-9) Audiology - General Rules (2018-10*) Behavior Analysts – General Rules (2018-9*) Board of Massage Therapy – General Rules (2018-9*) Board of Nursing – General Rules (2018-5) Board of Real Estate Appraisers (2018-10) Board of Social Work - General Rules (2018-10*) Code of Conduct (2018-8*) Consumer Standards and Billing Practices for Electric and Gas Residential Service (2018-7*)

2018 MR 10 – June 15, 2018

112

Licensing Qualifications (2018-7) Licensing Substance Use Disorder Programs (2018-3) Michigan Gas Safety Standards (2018-4*) Occupational Code Renewals (2018-1*) Part 1. General Provisions GI (2018-2) Part 2. Walking Working Surfaces GI (2018-2) Part 3. Fixed Ladders GI (2018-2) Part 4. Portable Ladders GI (2018-2) Part 5. Powered Platforms for Building Maintenance GI (2018-3) Part 18. Overhead and Gantry Cranes GI (2018-3) Part 21. Powered Industrial Trucks GI (2018-3) Part 25. Manlifts GI (2018-3) Part 27. Woodworking Machinery GI (2018-3) Part 33. Personal Protective Equipment GI (2018-3) Part 50. Telecommunications GI (2018-3) Part 52. Sawmills GI (2018-3) Part 58. Aerial Work Platforms (2018-7) Part 63. Pulp, Paper, and Paperboard Mills (2018-7) Part 86. Electric Power Generation, Transmission, and Distribution GI (2018-3) Part 94 Textiles (2018-7) Part 340. Beryllium GI (2018-3) Pharmacy – Controlled Substances (2018-8*) Public Health Code – General Rules (2018-5) Real Estate Appraisers - General Rules (2018-1*) Real Estate Brokers and Salespersons (2018-10) Residential Builders and Maintenance and Alteration Contractors (2018-9*) Responsibilities of Providers of Basic Local Exchange Service that Cease to Provide the Service (2018-5) Securities (2018-4*) Ski Area Safety (2018-10) State Boundary Commission (2018-10) Technical Standards for Electric Service (2018-6*) Telecommunications Industry (2018-6) Veterinary Medicine – General Rules (2018-8*) Veterinary Technician Licensure (2018-8*) Workers’ Compensation Health Care Services (2018-5)

N NATURAL RESOURCES, DEPARTMENT OF Correction: Metallic Minerals Leased on State Lands (2018-5) Pure Michigan Trail, Water Trail, and Trail Town Designation (2018-9) EMERGENCY RULE Establishment of Restricted Anchor and Vessel Equipment Zone in the Straits of Mackinac (2018-10) Leasing State-Owned Nonmetallic Mineral Rights (2018-8*)

2018 MR 10 – June 15, 2018

113

Metallic Minerals Leased on State Lands (2018-4) Pure Michigan Trail, Water Trail, and Trail Town Designation (2018-9) Special Local Watercraft Controls (2018-8) Underground Gas Storage Leases on State Lands (2018-4)

S STATE POLICE, DEPARTMENT OF Test for Breath Alcohol (2018-2)

T TECHNOLOGY MANAGEMENT AND BUDGET, DEPARTMENT OF Federal Surplus Property Program (2018-6) TRANSPORTATION, DEPARTMENT OF Motor Bus Transportation (2018-2) Motor Bus Transportation (2018-8*) TREASURY, DEPARTMENT OF Correction: Charitable Gaming Rules (2018-5) Taxpayers Bill of Rights (2018-9) Charitable Gaming Rules (2018-5) Lottery Rules (2018-5) Taxpayers Bill of Rights (2018-9)

2018 MR 10 – June 15, 2018

114


ENROLLED SENATE AND HOUSE BILLS SIGNED INTO LAW OR VETOED

(2018 SESSION)

Mich. Const. Art. IV, §33 provides: “Every bill passed by the legislature shall be presented to the governor before it becomes law, and the governor shall have 14 days measured in hours and minutes from the time of presentation in which to consider it. If he approves, he shall within that time sign and file it with the secretary of state and it shall become law . . . If he does not approve, and the legislature has within that time finally adjourned the session at which the bill was passed, it shall not become law. If he disapproves . . . he shall return it within such 14-day period with his objections, to the house in which it originated.” Mich. Const. Art. IV, §27, further provides: “No act shall take effect until the expiration of 90 days from the end of the session at which it was passed, but the legislature may give immediate effect to acts by a two-thirds vote of the members elected to and serving in each house.” MCL 24.208 states in part: “Sec. 8. (1) The Office of Regulatory Reform shall publish the Michigan register at least once each month. The Michigan register shall contain all of the following:

* * * (b) On a cumulative basis, the numbers and subject matter of the enrolled senate and house bills signed into law by the governor during the calendar year and the corresponding public act numbers. (c) On a cumulative basis, the numbers and subject matter of the enrolled senate and house bills vetoed by the governor during the calendar year.”

2018 MichiganPublic Acts TableLegislative Service BureauLegal Division, Statutory Compiling and Law Publications Unit124 W. Allegan, Lansing, MI 48909

May 7, 2018

Through Act 133 of 2018

ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved

Filed Date Effective Date SUBJECT

1 0095 Yes No 1/18 1/18/18 Use tax; collections; use tax on the difference; accelerate phase-in. **** Governor Veto of 7/25/17 overriden and approved by 2/3 vote on 1/17/18 **** (Sen. D. Robertson)

2 0094 Yes No 1/18 1/18/18 Sales tax; collections; use tax on the difference; accelerate phase-in. **** Governor Veto of 7/25/17 overriden and approved by 2/3 vote on 1/17/18 **** (Sen. D. Hildenbrand)

3 4533 Yes 1/26 1/26 1/26/18 Natural resources; hunting; nonresident 3-day small game license; establish. (Rep. C. VanderWall)

4 4957 Yes 1/26 1/26 1/26/18 Natural resources; hunting; mentored youth hunting license; allow individual to purchase additional licenses. (Rep. G. Howell)

5 0207 Yes 1/26 1/26 4/26/18 Law enforcement; other; arrest power for state property security officers; modify. (Sen. M. Green)

6 0525 Yes 1/26 1/26 1/26/18 Courts; reorganization; reorganization of courts and number of judgeships; modify. (Sen. R. Jones)

7 0702 Yes 1/26 1/26 1/26/18 Local government; other; educational instruction access act; clarify deed restriction language. (Sen. P. Pavlov)

8 4849 Yes 1/26 1/26 4/26/18 Cemeteries and funerals; other; money held by a county for care and preservation of cemetery lots; require to be presumed abandoned under certain circumstances. (Rep. J. Alexander)

* - I.E. means Legislature voted to give the Act immediate effect.** - Act takes effect on the 91st day after sine die adjournment of the Legislature.

*** - See Act for applicable effective date.+ - Line item veto.

# - Tie bar.Page 1© 2016 by Legislative Council, State of Michigan. All rights reserved

++ - Pocket veto.

ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


9 4940 Yes 1/26 1/26 4/26/18 Agriculture; associations and commissions; dry bean act; modify apportionment of districts and create a member at large. (Rep. E. Canfield)

10 5144 Yes 1/26 1/26 1/26/18 Marihuana; facilities; requirements for the issuance of a state operating license; revise, and provide for other general amendments. (Rep. K. Kesto)

11 4735 Yes 2/6 2/6 5/7/18 Education; dual enrollment; definition of eligible institution for postsecondary dual enrollment; expand. (Rep. A. Miller)

12 4218 Yes 2/6 2/6 5/7/18 Juveniles; juvenile justice services; qualifications for direct care worker of a juvenile court-operated residential care facility; modify. (Rep. E. Leutheuser)

13 4821 Yes 2/6 2/6 5/7/18 # Probate; wills and estates; appointment of the state or county public administrator as personal representative of a decedent's estate in a formal proceeding; require, and modify powers and duties of public administrators acting as personal representatives. (Rep. J. Runestad)

14 4822 Yes 2/6 2/6 5/7/18 # Probate; wills and estates; appointment of the state or county public administrator as personal representative of a decedent's estate in a formal proceeding; require, and modify powers and duties of public administrators acting as personal representatives. (Rep. J. Ellison)

15 4470 Yes 2/6 2/6 5/7/18 # Civil procedure; statute of limitations; appointment of receiver; clarify that appointment does not constitute an action under the "one act" rule, and clarify that statute of limitations under other act does not conflict with the revised judicature act. (Rep. B. Iden)

16 4471 Yes 2/6 2/6 5/7/18 # Civil procedure; remedies; uniform commercial real estate receivership act; enact. (Rep. B. Iden)

17 4644 Yes 2/12 2/13 5/14/18 Traffic control; traffic regulation; annual multiple trip permit for vehicles; allow. (Rep. T. Cole)

18 0409 Yes 2/12 2/13 5/14/18 Natural resources; Great Lakes; use of certain bottomlands for private harbors; provide for. (Sen. T. Casperson)




++ - Pocket veto.

2018 Michigan Public Acts Table

ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


19 0543 Yes 2/14 2/14 5/15/18 Highways; name; portion of I-94 in Kalamazoo County; designate as the "Chief Ed Switalski Memorial Highway". (Sen. M. O'Brien)

20 0316 Yes 2/14 2/14 2/14/18 Natural resources; other; certain regulations on the taking of frogs; repeal. (Sen. D. Booher)

21 0529 Yes 2/14 2/14 5/15/18 # Human services; county services; child care fund act; establish reimbursement procedures for appeal of determination. (Sen. P. MacGregor)

22 0530 Yes 2/14 2/14 5/15/18 # Human services; county services; child care fund act; designate state as first payer and clarify reimbursable expenses. (Sen. P. MacGregor)

23 0574 Yes 2/12 2/14 5/15/18 Education; financing; levy of regional enhancement millage; revise. (Sen. D. Hildenbrand)

24 0634 Yes 2/14 2/14 2/14/18 Health occupations; psychologists; temporary license for individuals seeking a limited license as a psychologist; allow for extensions or renewals under certain circumstances and exempt certain individuals from examination requirement to obtain a limited license as a psychologist. (Sen. W. Schmidt)

25 4787 Yes 2/14 2/14 2/14/18 Natural resources; fishing; ice shanty identification requirements and removal dates; modify. (Rep. C. VanderWall)

26 5284 Yes 2/12 2/14 2/14/18 Property; conveyances; transfer of certain state-owned property in Saginaw County; provide for. (Rep. V. Guerra)

27 4523 Yes 2/20 2/21 5/22/18 Explosives; other; Michigan explosives permitting act; repeal. (Rep. S. Johnson)

28 4524 Yes 2/20 2/21 5/22/18 # Torts; liability; joint and several liability; revise to reflect repeal of explosives act of 1970. (Rep. S. VanSingel)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


29 5137 Yes 2/20 2/21 5/22/18 Crimes; explosives; certain activities with respect to explosive materials; prohibit and provide penalties. (Rep. S. Johnson)

30 5138 Yes 2/20 2/21 5/22/18 # Criminal procedure; sentencing guidelines; certain activities with respect to explosive materials; prohibit, and enact sentencing guidelines. (Rep. S. Johnson)

31 4950 Yes 2/20 2/21 2/21/18 Corporate income tax; insurance companies; tax imposed on gross direct premiums; exclude health maintenance organizations. (Rep. H. Vaupel)

32 5047 Yes 2/20 2/21 2/21/18 # Corporate income tax; insurance companies; definition of insurance company; exclude health maintenance organizations. (Rep. H. Vaupel)

33 4752 Yes 2/20 2/21 2/21/18 Probate; wills and estates; fee ratio and reporting requirement; revise, and remove sunset. (Rep. K. Kesto)

34 4813 Yes 2/20 2/21 5/22/18 Animals; other; training requirements for animal control shelters, animal protection shelters, and class B dealers to obtain a limited permit to buy, possess, and administer certain animal tranquilizers and sodium pentobarbital; revise. (Rep. H. Vaupel)

35 4956 Yes 2/20 2/21 5/22/18 Vehicles; equipment; distance requirement between kingpins and axles on certain trucks; eliminate. (Rep. T. Cole)

36 5200 Yes 2/20 2/21 2/21/18 # Natural resources; other; certain sections in the natural resources and environmental protection act; update and eliminate certain references. (Rep. G. Howell)

37 4411 Yes 2/20 2/21 2/21/18 Liquor; licenses; eligibility of certain local governmental units to receive a scheduled event license; modify population threshold. (Rep. C. VanderWall)

38 0748 Yes 2/28 2/28 2/28/18 Individual income tax; exemptions; treatment of certain deductions and exemptions for state purposes after reduction of federal exemptions to zero; clarify and increase. (Sen. J. Brandenburg)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


39 0750 Yes 2/28 2/28 2/28/18 Individual income tax; city; treatment of exemptions after reduction of federal exemptions to zero; clarify. (Sen. M. Knollenberg)

40 5175 Yes 2/28 2/28 5/29/18 Liquor; licenses; qualifications of an eligible merchant that may fill and sell growlers of beer; revise. (Rep. T. Brann)

41 4472 Yes 2/28 2/28 5/29/18 Health; pharmaceuticals; food and drug administration-designated interchangeable biological drug products; allow pharmacists to dispense under certain circumstances. (Rep. J. Bizon)

42 4665 Yes 2/28 2/28 2/28/18 Education; discipline; enrollment eligibility in strict discipline academy; modify. (Rep. R. VerHeulen)

43 5040 Yes 3/1 3/1 3/1/18 Traffic control; other; driver responsibility fees; eliminate collection of beginning September 30, 2018. (Rep. L. Chatfield)

44 5041 Yes 3/1 3/1 3/1/18 Traffic control; other; educational outreach program for driver responsibility fee amnesty program; create. (Rep. S. Santana)

45 5043 Yes 3/1 3/1 3/1/18 Traffic control; other; driver responsibility fees; eliminate collection of for certain individuals who entered into an installment payment program. (Rep. R. Hauck)

46 5044 Yes 3/1 3/1 3/1/18 Traffic control; other; driver responsibility fees; eliminate assessment beginning October 1, 2018. (Rep. J. Bellino)

47 0613 Yes 3/1 3/1 3/1/18 Traffic control; other; reference in enhanced driver license and enhanced official state personal identification card act to driver responsibility fees; modify. (Sen. R. Jones)

48 5046 Yes 3/1 3/1 3/1/18 Traffic control; other; waiver of driver responsibility fee for successful participation in DWI sobriety court program; provide for on or after October 1, 2018. (Rep. S. Marino)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


49 0625 Yes 3/1 3/1 3/31/18 Traffic control; other; workforce training payment program; create. (Sen. K. Horn)

50 5079 Yes 3/1 3/1 3/31/18 Traffic control; driver license; driver responsibility fee; amend eligibility for alternative payment programs and reinstatement of driver license, and eliminate driver resonsibilitity fee assessments for certain offenses. (Rep. D. Rendon)

51 0400 Yes 3/6 3/6 3/6/18 Communications; emergency 9-1-1; emergency 9-1-1 service enabling act; modify. (Sen. R. Jones)

52 0481 Yes 3/6 3/6 6/4/18 Highways; name; portion of US-10; designate as the "Marine Lance Corporal Ryan Burgess Memorial Highway". (Sen. J. Stamas)

53 4191 Yes 3/6 3/6 6/4/18 Highways; name; portion of I-75; designate as the "Officer Martin 'Marty' Chivas Memorial Highway". (Rep. M. Howrylak)

54 5216 Yes 3/6 3/6 6/4/18 Civil procedure; other; report of prisoner actions dismissed as frivolous; eliminate. (Rep. K. Kesto)

55 5039 Yes 3/6 3/6 3/6/18 Transportation; motor fuel tax; motor fuel tax exemptions; modify. (Rep. J. Wentworth)

56 0616 Yes 3/6 3/6 6/4/18 Children; protection; access to electronic central registry; allow tribal entity or tribal social services representative to have access. (Sen. J. Emmons)

57 0393 Yes 3/13 3/14 1/1/19 Economic development; tax increment financing; tax increment finance authorities into a single act; provide for. (Sen. K. Horn)

58 0419 Yes 3/13 3/14 6/12/18 Juveniles; other; considerations for returning child to custody of parent; modify. (Sen. J. Emmons)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


59 0420 Yes 3/13 3/14 6/12/18 Children; protection; considerations for returning child to custody of parent; modify. (Sen. P. Pavlov)

60 0421 Yes 3/13 3/14 6/12/18 Children; child abuse or child neglect; considerations for returning child to custody of parent; modify. (Sen. R. Jones)

61 0522 Yes 3/13 3/14 6/12/18 Local government; other; compensation for directors of a village or township community center; provide for. (Sen. T. Casperson)

62 0582 Yes 3/13 3/14 6/12/18 Vehicles; registration; issuance of plates, tabs, or placards to persons with disabilities; allow upon determination of a qualifying condition by a physical therapist. (Sen. M. Knollenberg)

63 0645 Yes 3/13 3/14 6/12/18 Transportation; other; state safety oversight entity; create to oversee covered rail fixed guideway public transportation systems. (Sen. T. Casperson)

64 4535 Yes 3/13 3/14 6/12/18 Traffic control; civil infraction procedures; civil infraction for failure to place a tab on a vehicle within 30 days of date of registration; modify. (Rep. C. VanderWall)

65 4536 Yes 3/13 3/14 6/12/18 # Criminal procedure; expunction; expunction of all information in arrest record when individual is wrongly accused under certain circumstances; require. (Rep. P. Lucido)

66 4537 Yes 3/13 3/14 6/12/18 # Law enforcement; law enforcement information network (LEIN); promulgation of rules to effectuate expunction and destruction of all arrest record information from LEIN and other databases by C.J.I.S. under certain circumstances; require. (Rep. P. Lucido)

67 4538 Yes 3/13 3/14 6/12/18 # Criminal procedure; pretrial procedure; expunction and destruction of biometric data; eliminate certain exceptions. (Rep. P. Lucido)

68 4973 Yes 3/19 3/19 6/17/18 Civil rights; public records; public body records, documents, or information disclosable under freedom of information act; exempt critical energy infrastructure and cybersecurity-related information. (Rep. B. Iden)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


69 0596 Yes 3/19 3/19 6/17/18 Recreation; trails; trail development and management; provide for. (Sen. G. Hansen)

70 4168 Yes 3/19 3/19 6/17/18 Highways; name; portion of M-71; designate as "PFC Shane Cantu Veterans Memorial Highway". (Rep. B. Frederick)

71 4430 Yes 3/19 3/19 6/17/18 Civil rights; privacy; state assistance of federal government data collection; restrict. (Rep. M. Howrylak)

72 4545 Yes 3/19 3/19 7/1/18 Employment security; other; data sharing; allow for certain purposes and facilitate access. (Rep. J. Ellison)

73 4546 Yes 3/19 3/19 7/1/18 # Employment security; reports; liability for misuse of shared data; extend to individuals associated with Michigan works agencies and certain educational institutions. (Rep. G. Howell)

74 4839 Yes 3/19 3/19 6/17/18 Vehicles; registration; authority to deny or suspend vehicle registrations of carriers under certain circumstances; provide for. (Rep. C. VanderWall)

75 4888 Yes 3/19 3/19 3/19/18 Traffic control; traffic regulation; definition of "charitable or civic organization" in section 676b of the Michigan vehicle code; modify. (Rep. D. Lauwers)

76 5094 Yes 3/19 3/19 6/17/18 Consumer credit; credit reports and reporting agencies; free security freeze for consumers; provide for. (Rep. J. Bellino)

77 5112 Yes 3/19 3/19 6/17/18 Highways; name; portion of Red Arrow Highway in Berrien County; designate as the "Trooper Robert J. Mihalik Memorial Highway". (Rep. K. LaSata)

78 5155 Yes 3/19 3/19 6/17/18 Natural resources; rivers and streams; adopt-a-river program; limit to state parks and recreation areas. (Rep. K. LaSata)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


79 5156 Yes 3/19 3/19 6/17/18 Natural resources; shorelands; adopt-a-shoreline program; limit to state parks and recreation areas. (Rep. K. LaSata)

80 5198 Yes 3/19 3/19 6/17/18 Natural resources; forests; agreements with other states and the federal government to provide assistance; allow for all hazard incidents. (Rep. S. Allor)

81 5236 Yes 3/19 3/19 6/17/18 Occupations; accounting; certified public accountants; continuing education requirements; modify, and make other general revisions. (Rep. B. Iden)

82 4321 Yes 3/20 3/20 3/20/18 Appropriations; zero budget; supplemental appropriations; provide for fiscal year 2017-2018. (Rep. L. Cox)

83 5120 Yes 3/26 3/26 6/24/18 Highways; name; portion of M-15 in the city of Vassar; designate as the "Specialist 5 Michael May and Corporal Chris Esckelson Memorial Highway". (Rep. E. Canfield)

84 0353 Yes 3/26 3/26 6/24/18 Labor; benefits; mandatory job interview information requirements; prohibit local units of government from establishing for employers. (Sen. J. Proos)

85 0442 Yes 3/26 3/26 6/24/18 Businesses; business corporations; general revisions to business corporation act; provide for. (Sen. M. Kowall)

86 0590 Yes 3/26 3/26 6/24/18 Townships; charter; computation of net indebtedness; modify to include eligible reimbursements under the local community stabilization authority act. (Sen. J. Stamas)

87 0591 Yes 3/26 3/26 6/24/18 Villages; general law; computation of net indebtedness; modify to include eligible reimbursements under the local community stabilization authority act. (Sen. J. Stamas)

88 0592 Yes 3/26 3/26 6/24/18 Villages; home rule; computation of net indebtedness; modify to include eligible reimbursements under the local community stabilization authority act. (Sen. M. Shirkey)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


89 0593 Yes 3/26 3/26 6/24/18 Cities; home rule; computation of net indebtedness; modify to include eligible reimbursements under the local community stabilization authority act. (Sen. M. Shirkey)

90 0589 Yes 3/26 3/26 6/24/18 Vehicles; other; operation of electric patrol vehicles on sidewalks; permit under certain circumstances and modify certain equipment requirements. (Sen. P. MacGregor)

91 0638 Yes 3/26 3/26 6/24/18 Insurance; reinsurance; eligibility credit for reinsurance; modify. (Sen. M. O'Brien)

92 4811 Yes 3/26 3/26 3/26/18 # Agriculture; other; certain food processing standards; modify compliance with federal regulations, and modify certain licensing requirements and fees. (Rep. R. Victory)

93 4812 Yes 3/26 3/26 3/26/18 # Agriculture; other; certain feed standards; modify compliance with federal regulations. (Rep. R. Victory)

94 5227 Yes 3/26 3/26 6/24/18 Agriculture; regulation; seed potato standards for distributing, growing, and planting; require to comply with the national harmonization program. (Rep. R. Victory)

95 5257 Yes 4/2 4/2 7/1/18 Crimes; computer; penalties for possession and use of ransomware without authorization; provide for. (Rep. B. Iden)

96 5258 Yes 4/2 4/2 7/1/18 # Criminal procedure; sentencing guidelines; sentencing guidelines for possession with intent to use ransomware without authorization; enact. (Rep. J. Lower)

97 5097 Yes 4/2 4/2 7/1/18 Counties; boards and commissions; permit fee required for a government entity or telecommunication provider working within a county right-of-way; clarify limits, and clarify bonding and insurance requirements for telecommunication providers working within a county right-of-way. (Rep. B. Griffin)

98 5220 Yes 4/2 4/2 4/2/18 Weapons; other; purchase and possession of certain self-defense spray concentration; allow under certain circumstances. (Rep. M. Hoitenga)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


99 5282 Yes 4/2 4/2 7/1/18 Crimes; intoxication or impairment; hearing procedure for issuing a restricted license requiring the installation of ignition interlock device; modify. (Rep. P. Lucido)

100 5456 Yes 4/2 4/2 4/2/18 Civil procedure; civil actions; asbestos bankruptcy trust claims transparency act; enact. (Rep. J. Wentworth)

101 5678 Yes 4/2 4/2 4/2/18 Health occupations; health professionals; bona fide prescriber-patient relationship before prescribing or dispensing a controlled substance; modify beginning date. (Rep. B. Kahle)

102 4633 Yes 4/2 4/5 7/4/18 Law enforcement; reports; uniform crime reporting system; include the national missing and unidentified persons system (NamUs) for reports of missing individuals. (Rep. T. Brann)

103 0623 Yes 4/5 4/5 4/5/18 Individual income tax; deductions; extension or renewal of certain qualified renaissance zones; allow. (Sen. K. Horn)

104 0662 Yes 4/2 4/5 7/4/18 Liquor; licenses; eligibility for club liquor license; extend to certain additional members. (Sen. R. Jones)

105 0712 Yes 4/5 4/5 4/5/18 Civil rights; public records; maintenance, custody, and procedure for disclosing certain public records; modify. (Sen. J. Stamas)

106 0727 Yes 4/5 4/5 4/5/18 Education; teachers; interim teaching certificate; modify certain criteria. (Sen. P. Pavlov)

107 0801 Yes 4/5 4/5 7/4/18 Controlled substances; schedules; tianeptine sodium; include as a schedule 2 drug. (Sen. R. Jones)

108 4922 Yes 4/2 4/5 7/4/18 Vehicles; inspection; records of collection and disposition of inspection fees; allow for review by local government. (Rep. J. Yaroch)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


109 0521 Yes 4/24 4/24 7/23/18 Traffic control; traffic regulation; procedure for intersection traffic flow due to power failure; clarify. (Sen. R. Jones)

110 5190 Yes 4/24 4/24 4/24/18 Liquor; licenses; issuance of a national sporting event license; expand to include Professional Golf Association Tour Champions Tournament for 2018-2020. (Rep. T. Sneller)

111 4562 Yes 4/25 4/25 4/25/18 # Agriculture; other; agricultural disaster loan origination program act; recodify and update reference to sales tax exemption. (Rep. C. VanderWall)

112 4563 Yes 4/25 4/25 4/25/18 # State financing and management; funds; reference to sales tax exemption for certain agriculture equipment; revise. (Rep. D. Rendon)

113 4561 Yes 4/25 4/25 4/25/18 Sales tax; exemptions; exemption for certain agricultural equipment; clarify. (Rep. D. Lauwers)

114 4564 Yes 4/25 4/25 4/25/18 Use tax; exemptions; exemption for certain agricultural equipment; clarify. (Rep. T. Barrett)

115 5394 Yes 4/25 4/26 7/25/18 Highways; name; portion of Business Route 127; designate as the "SPC Robert Friese Memorial Highway". (Rep. J. Wentworth)

116 5001 Yes 4/25 4/26 7/25/18 # Occupations; foresters; registration of foresters; provide for purposes of preparing management plan for tax-exempt qualified forest property. (Rep. D. Rendon)

117 5002 Yes 4/25 4/26 7/25/18 # Property tax; exemptions; qualified forest property; revise forester registration program citation. (Rep. D. Rendon)

118 5091 Yes 4/25 4/26 4/26/18 Individual income tax; reporting; employer reporting deadline; modify to comply with federal deadline. (Rep. B. Kahle)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


119 5438 Yes 4/25 4/26 7/25/18 Crimes; human trafficking; definition of coercion; expand to include controlling or facilitating access to controlled substances. (Rep. L. Cox)

120 0809 Yes 5/2 5/3 12/31/18 Elections; other; Michigan election law; repeal and remove certain obsolete provisions, and make other miscellaneous changes. (Sen. D. Robertson)

121 0810 Yes 5/2 5/3 12/31/18 # Courts; district court; reference in the revised judicature act of 1961 to the Michigan election law; update. (Sen. D. Robertson)

122 0811 Yes 5/2 5/3 12/31/18 # Elections; school; reference in the revised school code to the Michigan election law; update. (Sen. D. Robertson)

123 0812 Yes 5/2 5/3 12/31/18 Elections; voting equipment; certain obsolete provisions; remove, and modify voting machine references to electronic voting system. (Sen. D. Robertson)

124 0813 Yes 5/2 5/3 12/31/18 # Criminal procedure; sentencing guidelines; sentencing guidelines for certain Michigan election law violations; provide for. (Sen. D. Robertson)

125 0814 Yes 5/2 5/3 12/31/18 Elections; registration; certain obsolete provisions in the Michigan election law related to voter registration; remove, and amend other provisions related to voter registration. (Sen. D. Robertson)

126 5646 Yes 5/2 5/3 5/3/18 Elections; qualified voter file; maintenance of the statewide qualified voter file; require the secretary of state to check against the United States Social Security Administration's death master file and require the secretary of state to participate in multistate voter registration verification programs. (Rep. J. Calley)

127 5644 Yes 5/2 5/3 5/3/18 Elections; absent voters; procedure to "spoil" an absent voter ballot; provide for, and require use of paper ballots for tabulation. (Rep. T. Barrett)

128 5012 Yes 5/2 5/3 8/1/18 Elections; recounts; aggrieved candidate for purposes of recount; clarify. (Rep. J. Lilly)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


129 5669 Yes 5/2 5/3 5/3/18 Elections; voting procedures; identification for election purposes; define. (Rep. A. Miller)

130 0290 Yes 5/2 5/3 8/1/18 Elections; recounts; recount fee; increase for certain recounts. (Sen. D. Robertson)

131 0841 Yes 5/2 5/3 8/1/18 Businesses; partnerships; liability for obligations of limited liability partnerships; clarify. (Sen. J. Brandenburg)

132 5261 Yes 5/2 5/3 5/3/18 Property tax; exemptions; filings for certain personal property exemptions; modify dates. (Rep. J. Tedder)

133 4905 Yes 5/2 5/3 5/3/18 Property tax; principal residence exemption; principal residence exemption for individual residing in nursing home or assisted living facility; modify. (Rep. P. Lucido)




++ - Pocket veto.