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Michigan Register Issue No. 21 – 2017 (Published December 1, 2017)

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. 21— 2017 (This issue, published December 1, 2017, contains

documents filed from November 1, 2017 to November 15, 2017)

Compiled and Published by the

Office of Regulatory Reinvention

© 2017 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, Ottawa Building – Second Floor, 611 W. Ottawa Street, 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

2017 PUBLICATION SCHEDULE Closing Date for Issue Filing or Submission Publication No. Of Documents (5 p.m.) Date 1 January 15, 2017 February 1, 2017 2 February 1, 2017 February 15, 2017 3 February 15, 2017 March 1, 2017 4 March 1, 2017 March 15, 2017 5 March 15, 2017 April 1, 2017 6 April 1, 2017 April 15, 2017 7 April 15, 2017 May 1, 2017 8 May 1, 2017 May 15, 2017 9 May 15, 2017 June 1, 2017 10 June 1, 2017 June 15, 2017 11 June 15, 2017 July 1, 2017 12 July 1, 2017 July 15, 2017 13 July 15, 2017 August 1, 2017 14 August 1, 2017 August 15, 2017 15 August 15, 2017 September 1, 2017 16 September 1, 2017 September 15, 2017 17 September 15, 2017 October 1, 2017 18 October 1, 2017 October 15, 2017 19 October 15, 2017 November 1, 2017 20 November 1, 2017 November 15, 2017 21 November 15, 2017 December 1, 2017 22 December 1, 2017 December 15, 2017 23 December 15, 2017 January 1, 2018 24 January 1, 2018 January 15, 2018

CONTENTS

ADMINISTRATIVE RULES FILED WITH SECRETARY OF STATE

Department of Education Superintendent of Public Instruction (2016-032)

School Administrator Certification Code ......................................................................... 2-20 Department of Education Superintendent of Public Instruction (2016-033)

School Psychologist Certification Code ........................................................................... 21-26 Department of Education Superintendent of Public Instruction (2016-034)

School Administrator Continuing Education .................................................................... 27-27 Department of Education Superintendent of Public Instruction (2016-035)

Teacher Certification Code ............................................................................................... 28-47 Department of Education Superintendent of Public Instruction (2016-036)

Certification and Licensure of School Counselors ........................................................... 48-54 Department of Natural Resources Mackinac Island State Park Commission (2016-040)

Mackinac Island State Park General Rules ....................................................................... 55-57 Department of Sate Police Forensic Science Division (2017-004)

Alcohol and Drug Testing of Biological and Nonbiological Specimens .......................... 58-59 Department of Licensing and Regulatory Affairs Director’s Office (2017-026)

Podiatric Medicine and Surgery – General Rules ............................................................. 60-69 Department of Licensing and Regulatory Affairs Director’s Office (2017-028)

Board of Pharmacy – General Rules ................................................................................. 70-71

PROPOSED ADMINISTRATIVE RULES,

NOTICES OF PUBLIC HEARINGS Department of Treasury State Treasurer (2014-075)

Taxpayer Bill of Rights ..................................................................................................... 73-90 Public Hearing Notice ....................................................................................................... 91-91

Department of Licensing and Regulatory Affairs Director’s Office (2017-060)

Part 86. Electric Power Generation, Transmission, and Distribution ............................... 92-100 Department of Licensing and Regulatory Affairs Director’s Office (2017-064)

Part 5. Powered Platforms for Building Maintenance ...................................................... 101-141

MICHIGAN ADMINISTRATIVE CODE TABLE

Table (2017 Session) .................................................................................................................... 143-147

CUMULATIVE INDEX Cumulative Index (2017) .............................................................................................................. 148-152

BILLS SIGNED INTO LAW OR VETOED Appendix Table 1 (2017 Session) (Legislative Service Bureau Pages (1-17) .............................. 153-153

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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 Reinvention 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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DEPARTMENT OF EDUCATION

SUPERINTENDENT OF PUBLIC INSTRUCTION

SCHOOL ADMINISTRATOR CERTIFICATION CODE

Filed with the Secretary of State on November 15, 2017

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 sections 1246 and 1536 of 1976 PA 451, MCL 380.1246 and MCL 380.1536, and Executive Reorganization Order No. 1996-6, MCL 388.993) R 380.102a, R 380.107a, R 380.111a, and R 380.114 of the Michigan Administrative Code are rescinded, and R 380.101, R 380.102, R 380.103, R 380.104, R 380.105, R 380.106, R 380.107, R 380.109, R 380.111, R 380.111b, R 380.112, R 380.116, R 380.121, R 380.123, R 380.124, and R 380.136 of the Code are amended as follows: R 380.101 Definitions. Rule 1. As used in this code: (a) “Alternative route school administrator preparation program" means a pathway to school administrator certification under R 380.105 offered by an approved provider that is an established state professional organization. (b) "Central office administrator” means 1 or both of the following: (i) Superintendent of a school district. (ii) An individual whose primary responsibility is administering instructional programs in a school district on a district-wide basis. (c) "Department" means the Michigan department of education. (d) “Education-related professional learning” means an educational opportunity intended to improve a school administrator’s practice and capacity to perform the work within the profession of education and is categorized as one or more of the following: (i) Satisfactory college semester credit hours relevant to professional development as a school administrator at a regionally accredited college or university, with one semester credit hour being equivalent to 25 education-related professional learning hours. (ii) State continuing education clock hours relevant to professional development as a school administrator. (iii) Michigan annual district provided professional development hours relevant to professional development as a school administrator. (e) "Established state professional organization" means an association that has served members on a statewide basis for at least 10 years. (f) “Listed offense” means as defined in section 1535a of 1976 PA 451, MCL 380.1535a.

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(g) “Michigan professional teaching certificate” means a certificate issued under part 3 of the teacher certification code, R 390.1101 to R 390.1216. (h) "Performance-based professional learning program" means an approved program that requires the demonstration of knowledge, application, skills, behavior, and impact on improving leadership as measured by performance indicators. (i) “PK-12 building administrator” means 1 or more of the following: (i) Principal of a PK-12 school. (ii) Assistant principal of a PK-12 school. (iii) An individual whose primary responsibility is administering instructional programs in a PK-12 school. (j) "PK-12 school” means a school with a single grade or any combination of grades from prekindergarten to grade 12. (k) “Professional learning enhancement” means a school administrator certificate endorsement described in section 1536(5) of 1976 PA 451, MCL 380.1536(5), that is issued under R 380.111b. (l) “Provider” means a regionally accredited college or university or a professional association that has an approved alternative route school administrator preparation program. (m) “Regionally accredited” means accredited by 1 of the regional accrediting agencies recognized and published by the council for higher education accreditation or its successor agency. (n) “School administrator certificate endorsement” means the endorsement of a school administrator certificate for 1 or both of the following: (i) PK-12 building administrator. (ii) Central office administrator. (o) “School administrator preparation program course of study” means the outline of courses required for completion of an approved school administrator preparation program. (p) "School district" means as defined in R 390.1101. (q) "State board" means the Michigan state board of education. (r) “State continuing education clock hours” means hours of professional development issued through a process established and approved by the superintendent of public instruction. R 380.102 Certificate and permit requirements for school administrators. Rule 2. (1) The following school administrator certificates may be issued under these rules: (a) School administrator (1246(1)(a)) certificate. (b) School administrator (1246(1)(b)) certificate. (2) An individual who was employed by a school district in this state on or before January 4, 2010, as a superintendent, principal, assistant principal, other person whose primary responsibility was administering instructional programs, or chief business official must hold a school administrator (1246(1)(a)) certificate under R 380.103. (3) An individual who was initially employed by a school district in this state after January 4, 2010, as a superintendent, principal, assistant principal, or other person whose primary responsibility is administering instructional programs must hold a valid Michigan school administrator (1246(1)(b)) certificate with the appropriate PK-12 building or central office endorsement under R 380.104, R 380.105, or R 380.106. (4) A school district that employs a superintendent, principal, assistant principal, or other person whose primary responsibility is administering instructional programs who does not hold a valid school administrator certificate with the appropriate endorsement under these rules must obtain a full-year school administrator substitute permit under R 380.116. R 380.102a Rescinded.

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R 380.103 School administrator (1246(1)(a)) certificate. Rule 3. (1) Subject to R 380.104(7), the superintendent of public instruction shall issue a school administrator (1246(1)(a)) certificate to an individual who was employed by a school district in this state on or before January 4, 2010, as a superintendent, principal, assistant principal, other person whose primary responsibility was administering instructional programs, or chief business official if, during the 5-year period immediately preceding the issuance of the certificate, the individual completed any combination of education-related professional learning hours, as defined in R 380.101, totaling 150 hours. (2) An individual who holds a valid Michigan professional teaching certificate shall be considered as meeting the continuing education requirements of subrule (1) of this rule. R 380.104 School administrator (1246(1)(b)) certificate and endorsements; Michigan traditional school administrator preparation program. Rule 4. (1) A school administrator (1246(1)(b)) certificate with PK-12 building endorsement may be issued to an applicant who satisfies both of the following: (a) Possession of a master’s degree or higher from a regionally accredited college or university. (b) Completion of a Michigan approved school administrator preparation program at least at the master’s degree level, including at least 18 semester hours of graduate credit in PK-12 school administration. (2) A school administrator (1246(1)(b)) certificate with central office endorsement may be issued to an applicant who satisfies both of the following: (a) Possession of a master’s degree or higher from a regionally accredited college or university. (b) Completion of at least 21 semester hours of credit at the post-master’s degree level in a Michigan approved school administrator preparation program, including advanced studies in PK-12 district level school administration. (3) Credit completed in a Michigan approved school administrator preparation program for 1 level of endorsement under this rule shall apply toward an endorsement at the other level if the credit meets the approved program requirements. (4) An individual who completes a Michigan approved school administrator preparation program shall apply to the department for a school administrator (1246(1)(b)) certificate. (5) The Michigan approved school administrator preparation program provider shall recommend to the department that a school administrator (1246(1)(b)) certificate be issued to the applicant. (6) The department shall issue a school administrator (1246(1)(b)) certificate based on the recommendation of the Michigan approved school administrator preparation program provider. (7) The requirements of this rule do not apply to an individual who was employed by a school district in Michigan on or before January 4, 2010, as a superintendent, principal, assistant principal, other person whose primary responsibility was administering instructional programs, or chief business official and who holds an expired school administrator certificate on or before the effective date of the rule amendment that added this subrule. Such individual is eligible for a school administrator (1246(1)(b)) certificate if the continuing education requirements of R 380.103(1) are satisfied. R 380.105 School administrator (1246(1)(b)) certificate and endorsements; Michigan alternative route school administrator preparation program. Rule 5. (1) A Michigan alternative route school administrator preparation program shall be offered by an established state professional organization and shall meet state board approved PK-12 building or central office standards. (2) A candidate may be admitted to a Michigan approved alternative route school administrator

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preparation program to obtain a school administrator (1246(1)(b)) certificate and endorsement based on the assessment of a standards-based portfolio under either of the following categories: (a) Category 1: A candidate possesses a master’s or higher degree from a regionally accredited college or university. (b) Category 2: A candidate possesses a baccalaureate degree from a regionally accredited college or university and has experience that meets at least 1 of the following during a minimum of 3 years: (i) Successful experience as a PK-12 school administrator. (ii) Successful experience as a central office school administrator. (iii) Management or leadership experience in a field or fields other than PK-12 or central office administration. (3) A candidate who is admitted under subrule (2)(a) or (b)(iii) of this rule to a Michigan approved alternative route school administrator preparation program shall complete a supervised internship as determined by the alternative route provider’s approved program. (4) A candidate who possesses successful and valid experience may be recommended for the school administrator (1246(1)(b)) certificate if the alternative route provider determines that all state board approved school administrator standards are met either by program completion or by passing a school administrator examination as approved by the superintendent of public instruction, and completion of a supervised internship if required by subrule (3) of this rule. (5) A candidate who does not meet all state board approved standards upon review of experience shall complete additional preparation based on the alternative route provider’s assessment of the standards-based portfolio and an individualized professional development plan. (6) All alternative route school administrator preparation program participants shall be supported by an assigned mentor or coach with expertise and school administrator experience. (7) An alternative route provider shall annually evaluate mentor or coach effectiveness. (8) An individual who completes a Michigan approved alternative route school administrator preparation program shall apply to the department for a school administrator (1246(1)(b)) certificate. (9) The Michigan approved alternative route school administrator preparation program provider shall recommend to the department that a school administrator (1246(1)(b)) certificate be issued to the applicant. (10) The department shall issue a school administrator (1246(1)(b)) certificate based on the recommendation of the Michigan approved alternative route school administrator preparation program provider. R 380.106 Out-of-state applicant for school administrator (1246(1)(b)) certificate. Rule 6. (1) The superintendent of public instruction may accept a school administrator certificate from another state or a foreign country as a basis for the issuance of a comparable Michigan school administrator (1246(1)(b)) certificate. (2) An applicant for a school administrator (1246(1)(b)) certificate who has completed an out-of-state school administrator preparation program shall present to the department evidence of state approval of the program. R 380.107 Expiration of school administrator certificate. Rule 7. (1) A school administrator certificate issued under these rules expires 5 years from June 30 of the calendar year it is issued. (2) A school administrator certificate holder and an employer must be familiar with the requirements and expiration date of the certificate. R 380.107a Rescinded.

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R 380.109 Renewal of school administrator certificate. Rule 9. (1) A school administrator certificate shall be renewed upon the applicant's completion, since the issuance of the most recent school administrator certificate or renewal, of any combination of education-related professional learning hours, as defined in R 380.101, totaling 150 hours. (2) A school administrator who holds a valid Michigan professional teaching certificate shall be considered as meeting the requirements of subrule (1) of this rule. (3) An individual who holds an expired Michigan school administrator certificate and a valid out-of-state school administrator certificate and who has been employed as a school administrator within the validity of either certificate for at least 1 year in the immediately preceding 5-year period is eligible, upon application to the department, for one 5-year renewal of the Michigan school administrator certificate. The requirements of subrule (1) of this rule do not apply to the 1-time renewal under this subrule. R 380.111 School administrator preparation program providers; standards and approval. Rule 11. (1) The state board shall approve standards for reviewing school administrator preparation programs. (2) The superintendent of public instruction shall approve school administrator preparation program providers in accordance with state board approved standards. (3) Continued approval of a school administrator preparation program by the superintendent of public instruction requires national accreditation of the preparation program provider by an accrediting body that is recognized by the United States Department of Education or a recommendation for approval to the superintendent of public instruction from a state review process. R 380.111a Rescinded. R 380.111b Professional learning enhancement. Rule 11b. (1) The department shall establish standards for approval of, and shall approve, established state professional organizations' performance-based professional learning programs that offer professional learning enhancements for issuance on school administrator certificates. (2) Upon request of the superintendent of public instruction, an established state professional organization shall present to the department evidence of the program descriptors and performance measures of its professional learning enhancement program. (3) The department shall issue a professional learning enhancement on a school administrator certificate after the certificate holder’s successful completion of an approved professional learning enhancement program. (4) A professional learning enhancement on a school administrator certificate is valid for the period that the school administrator certificate is valid, including renewal periods. R 380.112 Approved school administrator preparation program providers; experimental programs. Rule 12. (1) The superintendent of public instruction, at the request of an approved school administrator preparation program provider, may waive for a specific time requirements in R 380.111 for an experimental school administrator preparation program. A request for such a waiver must provide sufficient detail to allow substantial scientifically based experimentation with preparation programs. A provider shall objectively evaluate and report on the effectiveness of the experiment for the specified time period. The superintendent of public instruction may give approval to continue an experimental

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program when evaluation data provide evidence of value. (2) An experimental program shall not waive specific legal requirements for candidates seeking school administrator certification. R 380.114 Rescinded. R 380.116 Full-year school administrator substitute permit. Rule 16. (1) Upon application by a school district and payment of the appropriate fee, the superintendent of public instruction may issue an initial full-year school administrator substitute permit to the school district under this rule. All of the following apply: (a) A full-year school administrator substitute permit or renewal of a full-year school administrator substitute permit is issued to the superintendent or other school administrator, who shall apply for such substitute permit or renewal on behalf of the school district and who shall affirm under oath that the requirements for the requested substitute permit or renewal have been met. A full-year school administrator substitute permit shall not be requested by or issued to the individual for whom the permit is requested. The recommending superintendent or other school administrator receiving the permit or renewal shall hold it in order for the school district to employ the individual. (b) The school district shall certify that an appropriately certificated and endorsed school administrator is not available for the assignment. (c) The individual for whom the full-year school administrator substitute permit is requested shall have earned a bachelor’s or higher degree at a regionally accredited college or university. (d) The employing school district shall assign a mentor to the individual. (e) A full-year school administrator substitute permit is valid for the school administrator position specified on the permit for the academic school year for which the permit is issued. (f) The fee for an approved full-year school administrator substitute permit must be paid prior to the first day the individual is in the assignment. (g) In addition to obtaining a full-year school administrator substitute permit under this rule for any other individual who is not appropriately certificated, a school district shall obtain a full-year school administrator substitute permit for a school administrator who is employed pursuant to section 1246(3) of 1976 PA 451, MCL 380.1246(3). (2) Upon application by the employing school district and payment of the appropriate fee, the superintendent of public instruction may renew a full-year school administrator substitute permit under this rule not more than 3 times to place the same individual in the permitted assignment area. The following requirements apply at the time of the application for renewal: (a) For the first renewal, the employing school district shall present documentation of all of the following: (i) A formal observation of the individual in the previous school year that resulted in a comprehensive evaluation rating of effective or highly effective. (ii) The individual’s enrollment in an approved school administrator preparation program within 6 months of employment. (iii) The individual’s presentation of a school administration preparation program course of study to the employing school district. (b) For each subsequent renewal, the employing school district shall present documentation from the approved school administrator preparation program that the individual has made progress toward program completion as defined by the superintendent of public instruction. (3) A full-year school administrator substitute permit or renewal is valid from the issue date to August 31 or the last day of the school district’s academic year for which it is issued, whichever date comes first.

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(4) Subject to subrule (6) of this rule, the superintendent of public instruction may refuse to grant, refuse to renew, or revoke a full-year school administrator substitute permit for the school year for which it is requested under this rule for 1 of the following reasons: (a) Fraud, material misrepresentation, or concealment or omission of fact in the application for or the use of the full-year school administrator substitute permit. (b) Conviction of the individual for whom the full-year school administrator substitute permit is requested for a crime described in section 1535a of 1976 PA 451, MCL 380.1535a. (c) Failure to satisfy the requirements for the full-year school administrator substitute permit. (5) The superintendent of public instruction may rescind a full-year school administrator substitute permit at the request of the employing school district. (6) The superintendent of public instruction shall refuse to grant, refuse to renew, or revoke a full-year school administrator substitute permit if the individual for whom it is requested was convicted of a listed offense. R 380.121 Denial, suspension, or revocation of school administrator certificate. Rule 21. (1) The superintendent of public instruction may refuse to grant, refuse to renew, suspend, revoke, or impose reasonable conditions on a school administrator certificate granted pursuant to these rules for the following reasons: (a) Fraud, material misrepresentation, or concealment or omission of fact in the application for or the use of a school administrator certificate. (b) Conviction of a crime described in section 1535a or 1539b of 1976 PA 451, MCL 380.1535a or 380.1539b. (2) The superintendent of public instruction may refuse to grant or renew a school administrator certificate for failure of the applicant to meet the requirements for the certificate. After notice and an opportunity to show compliance, the superintendent of public instruction may rescind, suspend, or revoke a school administrator certificate for failure of the holder to meet the requirements for the certificate. R 380.123 Investigation. Rule 23. The superintendent of public instruction shall designate an employee of the department to perform the investigatory and prosecutorial functions regarding cases pertaining to school administrator certification. Upon receipt of information that may serve as the basis for refusal to grant, refusal to renew, suspension of, or revocation of a school administrator certificate, the designee of the superintendent of public instruction shall initiate an investigation of that information. R 380.124 Notice of basis for action; notice of right to hearing; informal conference to show compliance; referral for hearing. Rule 24. Subject to summary suspension under section 1535a(2) or 1539b(2) of 1976 PA 451, MCL 380.1535a(2) or 380.1539b(2), all of the following apply to action taken under R 380.121(1)(a) or (b): (a) Not more than 7 calendar days after receiving notice that the applicant for or the holder of a school administrator certificate has been convicted of a crime described in section 1535a or 1539b of 1976 PA 451, MCL 380.1535a or 380.1539b, the department shall request from the court a certified copy of the judgment of conviction and sentence or other document regarding disposition of the case. (b) Upon receipt of notice of a basis for action under R 380.121(1)(a), or not later than 10 business days after receiving documentation of a conviction under subdivision (a) of this rule, the department shall notify the applicant or the holder of the certificate in writing of all of the following:

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(i) Because of the conviction or because of the identified reason under R 380.121(1)(a), the school administrator certificate may be denied, suspended, or revoked. (ii) The applicant or the holder of the school administrator certificate has the right to a hearing. (iii) If a hearing is not requested within 15 business days after receipt of notice of the right to a hearing, the school administrator certificate will be denied or suspended. (iv) If a hearing is requested within 15 business days after receipt of the notice, there will be an informal conference to show compliance. (c) The notice under subdivision (b) of this rule must include a copy of applicable statutes and rules. (d) Not later than 15 business days after receipt of the notice under subdivision (b) of this rule, the applicant or the holder of a school administrator certificate shall request a hearing. If the applicant or the holder does not timely request a hearing, the superintendent of public instruction shall deny the initial or renewed school administrator certificate or shall suspend the school administrator certificate. (e) If the applicant or the holder of a school administrator certificate timely requests a hearing under subdivision (d) of this rule, the department shall immediately notify the applicant or the holder of the date and time of an informal conference to show compliance. Unless otherwise agreed, the informal conference to show compliance shall be a telephone conference with an authorized representative of the superintendent of public instruction. (f) After the informal conference to show compliance and consideration of the evidence presented, the superintendent’s designee may recommend referral of the matter to the Michigan administrative hearing system for hearing or may recommend a finding of compliance or a written settlement of the matter. The superintendent of public instruction shall approve, modify, or deny a recommended finding of compliance or written settlement. (g) If there is no finding of compliance or written settlement of the matter following the informal conference to show compliance, the department shall refer the case to the Michigan administrative hearing system for hearing. R 380.136 Action by superintendent of public instruction on proposal for decision. Rule 36. (1) The superintendent of public instruction may adopt, modify, or reverse a proposal for decision of the Michigan administrative hearing system or may remand a case to the Michigan administrative hearing system for further proceedings. (2) A party shall not directly or indirectly communicate with the superintendent of public instruction or individuals involved in the review of a proposal for decision regarding issues of fact or law except on notice and opportunity for all parties to participate, unless provided by law.

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SCHOOL PSYCHOLOGIST CERTIFICATION CODE


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 superintendent of public instruction by section 1251 of 1976 PA 451, MCL 380.1251, and Executive Reorganization Order Nos. 1996-6 and 1996-7, MCL 388.993 and MCL 388.994) R 380.206a, R 380.209, and R 380.210 of the Michigan Administrative Code are rescinded, R 380.211, R 380.212, R 380.213, and R 380.214 are added to the Code, and R 380.201, R 380.202, R 380.203, R 380.204, R 380.205, R 380.206, R 380.207, and R 380.208 of the Code are amended as follows: R 380.201 Definitions. Rule 1. As used in these rules: (a) “Approved school psychologist preparation program” means a state approved program in an institution that prepares school psychologists in accordance with the law of the state where the program is offered. (b) “Department” means the Michigan department of education unless otherwise indicated. (c) “Education-related professional learning” means an educational opportunity intended to improve a school psychologist’s practice and capacity to perform the work within the profession of education and is categorized as one or more of the following: (i) Satisfactory college semester credit hours applicable to a school psychologist position at a regionally accredited college or university, with one semester credit hour being equivalent to 25 education-related professional learning hours. (ii) State continuing education clock hours in approved professional development activities applicable to a school psychologist position. (iii) Michigan annual district provided education clock hours applicable to a school psychologist position. (d) “Institution” means a college or university that has state, regional, or national accreditation. (e) “Michigan professional teaching certificate” means a certificate issued under part 3 of the teacher certification code, R 390.1101 to R 390.1216. (f) “Preliminary school psychologist certificate” means the certificate issued to an applicant who has met the requirements of R 380.204 or R 380.205. (g) “Regionally accredited” means accredited by 1 of the regional accrediting agencies recognized and published by the council for higher education accreditation or its successor agency. (h) “Satisfactory college semester credit hours” means a grade of C or better or the equivalent.

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(i) “School district” means as defined in R 390.1101. (j) “School psychologist certificate” means a certificate that is issued to an applicant who has met the requirements of R 380.206. (k) “State board” means the Michigan state board of education. (l) “State continuing education clock hours” means hours of professional development issued through a process established and approved by the superintendent of public instruction. R 380.202 Individuals required to hold school psychologist certification. Rule 2. (1) An individual who is employed as a school psychologist by a school district or in a school district on a contract basis or who performs the functions of a school psychologist in a school district either as an employee or on a contract basis shall hold a valid certificate under these rules. (2) Only an individual who holds a valid certificate under these rules shall use the title of school psychologist. R 380.203 Role of school psychologist. Rule 3. A school psychologist may function in roles defined by standards created by Michigan stakeholders and approved by the state board. R 380.204 Preliminary school psychologist certificate; applicant trained in Michigan approved school psychologist preparation program. Rule 4. (1) An applicant for a preliminary school psychologist certificate who was trained in a Michigan approved school psychologist preparation program shall satisfy both of the following requirements: (a) Completion of a minimum of 45 graduate semester credit hours in a Michigan approved school psychologist preparation program. (b) Completion of not less than a 600-clock-hour supervised, field-based practicum with students in an approved school psychologist preparation program, a minimum of 300 clock hours of which shall be in a school setting under the supervision of an individual who holds a valid school psychologist certificate. The practicum shall begin no earlier than the second year in a school psychologist preparation program and shall involve integration and performance in the full range of school psychology roles as defined in R 380.203. The practicum shall be a culminating experience during which an individual applies skills learned in coursework and practice contexts. Upon completion of the 600 hours, the individual shall be prepared to practice the full range of school psychology functions. The 45 semester credit hours required in subdivision (a) of this subrule does not include the clock hours required under this subdivision. (2) A Michigan institution that has an approved school psychologist preparation program shall recommend to the department the issuance of a preliminary school psychologist certificate. The recommendation to issue the preliminary school psychologist certificate shall be made when an applicant has completed the requirements set forth in this rule and the applicant has applied for certification. The department shall issue a certificate based on the recommendation of the Michigan institution. (3) A preliminary school psychologist certificate expires 3 years from June 30 of the calendar year the certificate is issued. (4) An individual employed under a preliminary school psychologist certificate shall have a minimum of 2 hours per week of local supervision provided by an individual who holds a valid school psychologist certificate and has a minimum of 3 years of experience as a school psychologist. (5) A holder of a preliminary school psychologist certificate and an employer shall be familiar with the specific requirements of the preliminary school psychologist certificate. (6) Subject to subrule (7) of this rule, a preliminary school psychologist certificate may be renewed for

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one 3-year period upon completion of not less than 6 semester credit hours in an approved school psychologist preparation program. Completion of the 6 semester credit hours shall be after issuance of the preliminary school psychologist certificate. (7) A preliminary school psychologist certificate issued under this rule may be renewed for one 3-year period if the individual holds a valid out-of-state school psychologist certificate. The requirements of subrule (6) of this rule do not apply to renewal under this subrule. R 380.205 Preliminary school psychologist certificate; applicant trained in out-of-state approved school psychologist preparation program. Rule 5. (1) Subject to R 380.206(3) and (4), an individual who was trained in an out-of-state approved school psychologist preparation program and who seeks school psychologist certification in this state shall first apply for a Michigan preliminary school psychologist certificate under this rule. (2) An applicant for a preliminary school psychologist certificate who was trained in an out-of-state approved school psychologist preparation program must satisfy both of the following requirements: (a) Complete the requirements of R 380.204(1)(a) and (b). (b) Hold a valid out-of-state school psychologist certificate. (3) The department may accept credits presented for certification from an out-of-state institution. (4) An applicant for a preliminary school psychologist certificate under this rule shall apply directly to the department. (5) An individual employed under a preliminary school psychologist certificate issued under this rule shall have a minimum of 2 hours per week of local supervision provided by an individual who holds a valid school psychologist certificate and has a minimum of 3 years of experience as a school psychologist. (6) A holder of a preliminary school psychologist certificate issued under this rule and an employer shall be familiar with the specific requirements of the preliminary school psychologist certificate. (7) A preliminary school psychologist certificate issued under this rule expires 3 years from June 30 of the calendar year the certificate is issued. (8) Subject to subrule (9) of this rule, a preliminary school psychologist certificate may be renewed for one 3-year period upon completion of not less than 6 semester credit hours in an approved school psychologist preparation program. Completion of the 6 semester credit hours shall be after issuance of the preliminary school psychologist certificate. (9) A preliminary school psychologist certificate held by an individual who holds a valid out-of-state school psychologist certificate may be renewed for one 3-year period. The requirements of subrule (8) of this rule do not apply to renewal under this subrule. R 380.206 School psychologist certificate. Rule 6. (1) Subject to subrules (3) and (4) of this rule, an applicant for a school psychologist certificate must meet all of the following requirements: (a) Hold a Michigan preliminary school psychologist certificate. (b) Possess a specialist-level degree or its equivalent in school psychology with a minimum of 60 semester credit hours in school psychology from an institution with an approved school psychologist preparation program. (c) Complete not less than a 1,200-clock-hour internship with students in an approved school psychologist preparation program, a minimum of 600 clock hours of which must be in a school setting under the supervision of an individual who holds a valid school psychologist certificate. Supervision shall be for a minimum of 2 hours per week. (2) Subject to subrules (3) and (4) of this rule, a Michigan institution that has an approved school psychologist preparation program shall recommend to the department the issuance of a school

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psychologist certificate. The recommendation to issue a school psychologist certificate shall be made when an applicant has completed the requirements of this rule and applied for certification. The department shall issue a certificate based on the recommendation of the institution. (3) Upon application, the department shall issue a school psychologist certificate to an individual who holds a valid out-of-state school psychologist certificate and has satisfied the requirements of subrule (1)(b) of this rule in an out-of-state approved school psychologist preparation program and the requirements of subrule (1)(c) of this rule. Subrules (1)(a) and (2) of this rule do not apply to an individual described in this subrule. (4) Upon application, the department shall issue a school psychologist certificate to an individual who is a nationally certified school psychologist and has satisfied the requirements of subrule (1)(b) and (c) of this rule. Subrules (1)(a) and (2) of this rule do not apply to an individual described in this subrule. (5) A school psychologist certificate expires 5 years from June 30 of the calendar year the certificate is issued. (6) A holder of a school psychologist certificate and an employer shall be familiar with the specific requirements of the school psychologist certificate. (7) A school psychologist certificate may be renewed every 5 years upon application to the department and completion, since the issuance of the most recent school psychologist certificate or renewal, of any combination of education-related professional learning hours, as defined in R 380.201, totaling 150 hours. (8) The requirements of subrule (7) of this rule do not apply to renewal of a valid or expired school psychologist certificate held by either of the following individuals, who may apply directly to the department for renewal every 5 years: (a) A school psychologist who holds a valid Michigan professional teaching certificate. (b) A school psychologist who is a nationally certified school psychologist. The national certificate must be valid at the time of application. (9) An individual who holds an expired Michigan school psychologist certificate and a valid out-of-state school psychologist certificate and who has been employed within the validity of either certificate for at least 1 year in the immediately preceding 5-year period is eligible, upon application to the department, for a 1-time 5-year renewal of the Michigan school psychologist certificate. The requirements of subrule (7) of this rule do not apply to a 1-time renewal under this subrule. R 380.206a Rescinded. R 380.207 Initial program approval. Rule 7. (1) The state board shall approve standards for reviewing school psychologist preparation programs. (2) The superintendent of public instruction shall approve school psychologist preparation programs in accordance with the state board approved standards. (3) Continued approval of a school psychologist preparation program by the superintendent of public instruction requires national accreditation of the preparation program provider by an accrediting body that is recognized by the United States Department of Education or a recommendation for approval to the superintendent of public instruction from a state review process. R 380.208 School psychologist competencies. Rule 8. An individual applying for a school psychologist certificate shall demonstrate competencies defined by standards created by Michigan stakeholders and approved by the state board. R 380.209 Rescinded.

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R 380.210 Rescinded. R 380.211 Denial, suspension, or revocation of preliminary school psychologist certificate or school psychologist certificate. Rule 11. (1) The superintendent of public instruction may refuse to grant, refuse to renew, suspend, revoke, or impose reasonable conditions on a preliminary school psychologist certificate or a school psychologist certificate granted pursuant to these rules for the following reasons: (a) Fraud, material misrepresentation, or concealment or omission of fact in the application for or the use of a preliminary school psychologist certificate or a school psychologist certificate. (b) Conviction of a crime described in section 1539b of 1976 PA 451, MCL 380.1539b. (2) The superintendent of public instruction may refuse to grant or refuse to renew a preliminary school psychologist certificate or a school psychologist certificate for failure of the applicant to meet the requirements for the certificate. After notice and an opportunity to show compliance, the superintendent of public instruction may rescind, suspend, or revoke a preliminary school psychologist certificate or a school psychologist certificate for failure of the holder to meet the requirements for the certificate. R 380.212 Investigation. Rule 12. The superintendent of public instruction shall designate an employee of the department to perform the investigatory and prosecutorial functions regarding cases pertaining to preliminary school psychologist certificates or school psychologist certificates. Upon receipt of information that may serve as the basis for a refusal to grant, refusal to renew, suspend, or revoke a preliminary school psychologist certificate or a school psychologist certificate, the designee of the superintendent of public instruction shall initiate an investigation of that information. R 380.213 Notice of basis for action; notice of right to hearing; informal conference to show compliance; referral for hearing. Rule 13. Subject to summary suspension under section 1539b(2) of 1976 PA 451, MCL 380.1539b(2), all of the following apply to action taken under R 380.211(1)(a) or (b): (a) Not more than 7 calendar days after receiving notice that the applicant for or the holder of a preliminary school psychologist certificate or a school psychologist certificate has been convicted of a crime described in section 1539b of 1976 PA 451, MCL 380.1539b, the department shall request from the court a certified copy of the judgment of conviction and sentence or other document regarding disposition of the case. (b) Upon receipt of notice of a basis for action under R 380.211(1)(a), or not later than 10 business days after receiving documentation of a conviction under subdivision (a) of this rule, the department shall notify the applicant or the holder of the preliminary school psychologist certificate or the school psychologist certificate in writing of all of the following: (i) Because of the conviction or because of the identified reason under R 380.211(1)(a), the preliminary school psychologist certificate or the school psychologist certificate may be denied, suspended, or revoked. (ii) The applicant or the holder of the preliminary school psychologist certificate or the school psychologist certificate has the right to a hearing. (iii) If a hearing is not requested within 15 business days after receipt of notice of the right to a hearing, the preliminary school psychologist certificate or the school psychologist certificate will be denied or suspended. (iv) If a hearing is requested within 15 business days after receipt of the notice, there will be an informal conference to show compliance.

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(c)The notice under subdivision (b) of this rule must include a copy of applicable statutes and rules. (d) Not later than 15 business days after receipt of the notice under subdivision (b) of this rule, the applicant or the holder of a preliminary school psychologist certificate or a school psychologist certificate shall request a hearing. If the applicant or the holder does not timely request a hearing, the superintendent of public instruction shall deny the initial or renewed preliminary school psychologist certificate or school psychologist certificate or shall suspend the preliminary school psychologist certificate or school psychologist certificate. (e) If the applicant or the holder of a preliminary school psychologist certificate or school psychologist certificate timely requests a hearing under subdivision (d) of this rule, the department shall immediately notify the applicant or the holder of the date and time of an informal conference to show compliance. Unless otherwise agreed, the informal conference to show compliance shall be a telephone conference with an authorized representative of the superintendent of public instruction. (f) After the informal conference to show compliance and consideration of the evidence presented, the superintendent's designee may recommend referral of the matter to the Michigan administrative hearing system for hearing or may recommend a finding of compliance or a written settlement of the matter. The superintendent of public instruction shall approve, modify, or deny a recommended finding of compliance or written settlement. (g) If there is no finding of compliance or written settlement of the matter following the informal conference to show compliance, the department shall refer the case to the Michigan administrative hearing system for hearing. R 380.214 Action by superintendent of public instruction on proposal for decision. Rule 14. (1) The superintendent of public instruction may adopt, modify, or reverse a proposal for decision of the Michigan administrative hearing system or may remand a case to the Michigan administrative hearing system for further proceedings. (2) A party shall not directly or indirectly communicate with the superintendent of public instruction or individuals involved in the review of a proposal for decision regarding issues of fact or law except on notice and opportunity for all parties to participate, unless provided by law.

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SCHOOL ADMINISTRATOR CONTINUING EDUCATION


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 1246 of 1976 PA 451, MCL 380.1246) R 380.1201 of the Michigan Administrative Code is rescinded as follows: R 380.1201 Rescinded.

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TEACHER CERTIFICATION CODE


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 sections 1531, 1531i, 1531k, 1535a, and 1539b of 1976 PA 451, MCL 380.1531, MCL 380.1531i, MCL 380.1531k, MCL 380.1535a, and MCL 380.1539b, and Executive Reorganization Order Nos. 1996-6 and 1996-7, MCL 388.993 and 388.994) R 390.1122, R 390.1124, R 390.1126, R 390.1127, R 390.1129a, R 390.1134, R 390.1146, R 390.1147, R 390.1154, R 390.1156, R 390.1162, R 390.1198, and R 390.1199 of the Michigan Administrative Code are rescinded, R 390.1133 and R 390.1164 are added to the Code, and R 390.1101, R 390.1103, R 390.1105, R 390.1111, R 390.1115, R 390.1117, R 390.1118, R 390.1121, R 390.1122a, R 390.1123, R 390.1125, R 390.1129, R 390.1129b, R 390.1130, R 390.1132, R 390.1135, 390.1137, R 390.1138, R 390.1141, R 390.1142, R. 390.1143, R 390.1145, R 390.1151, R 390.1152, R 390.1153, R 390.1161, R 390.1163, R 390.1164a, R 390.1165, R 390.1166, R 390.1167, R 390.1201, R 390.1203, R 390.1204, and R 390.1216 of the Code are amended as follows: PART 1. GENERAL PROVISIONS R 390.1101 Definitions. Rule 1. As used in this code: (a) “Alternative route program provider” means an entity that has been approved by the superintendent of public instruction to provide teacher certification alternative route programs under section 1531i of 1976 PA 451, MCL 380.1531i. (b) “Annual CTE authorization” means an authorization issued under R 390.1165 that was previously known as an annual occupational authorization. (c) “Annual district provided professional development” means Michigan annual district provided professional development required by section 1527 of 1976 PA 451, MCL 380.1527. (d) “Certificate endorsement” means a discipline area that a teacher is authorized to teach at specific grade levels based on completion of an appropriate program and passing the appropriate state teacher discipline area examination. (e) “Course of study” means a cohesive, standards-based planned program that provides knowledge and skill for specialization in a discipline area or areas and supports the practice of teaching or the professional career development of the teacher. (f) “CTE” means career and technical education and includes vocational and occupational education.

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(g) “Department” means the Michigan department of education unless otherwise indicated. (h) “Discipline area” means a content area, a subject area, or an education field in which an individual may be certified or endorsed. (i) “Education-related professional learning” means an educational opportunity intended to improve a teacher’s practice and capacity to perform the work within the profession of education and is categorized as one or more of the following: (i) Satisfactory college semester credit hours at a regionally accredited college or university, with one semester credit hour being equivalent to 25 education-related professional learning hours. (ii) State continuing education clock hours. (iii) Annual district provided professional development hours. (j) “Elementary grade level authorization” means an authorization on a certificate to teach designated discipline areas in any grade or grade range from prekindergarten to grade 8. (k) “Field experience” means structured, supervised activity in an instructional setting in which a teacher certification candidate may gain experience in the practice of teaching. (l) “Listed offense” means as defined in section 1535a of 1976 PA 451, MCL 380.1535a. (m) “Michigan teaching certificate” means any of the following: (i) An interim teaching certificate. (ii) A standard teaching certificate. (iii) A 2-year extended standard teaching certificate. (iv) A professional teaching certificate. (v) An advanced professional teaching certificate. (vi) A standard CTE certificate. (Formerly the temporary vocational authorization and the interim occupational certificate.) (vii) A 2-year extended standard CTE certificate. (Formerly the 2-year extended interim occupational certificate.) (viii) A professional CTE certificate. (Formerly the occupational education certificate.) (ix) A temporary teacher employment authorization. (x) A professional temporary teacher employment authorization. (xi) A continuing certificate. (No longer issued.) (xii) A life certificate. (No longer issued.) (xiii) A permanent certificate. (No longer issued.) (xiv) A temporary or full vocational authorization. (No longer issued.) (n) “Nationally accredited” means accredited as a teacher preparation provider by an accrediting body with which the department has a state agreement and which is recognized by the council for higher education accreditation or the United States Department of Education. (o) “Nonpublic school” means a private, denominational, or parochial school. (p) “PK-12 grade level authorization” means an authorization on a certificate to teach designated discipline areas in any grade or grade range from prekindergarten to grade 12. (q) “Provider” means a teacher preparation institution or an agency that provides an approved alternative route program. (r) “Regionally accredited” means accredited by 1 of the regional accrediting agencies recognized and published by the council for higher education accreditation or its successor agency. (s) “Satisfactory college semester credit hours” means a grade of C or better or the equivalent. (t) “School district” means a local school district established under 1976 PA 451, an intermediate school district established under part 7 of 1976 PA 451, a public school academy established under part 6a of 1976 PA 451, an urban high school academy established under part 6c of 1976 PA 451, a school of excellence established under part 6e of 1976 PA 451, and a strict discipline academy established under sections 1311b to 1311m of 1976 PA 451, MCL 380.1311b to 380.1311m.

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(u) “Secondary grade level authorization” means an authorization on a certificate to teach designated discipline areas in any grade or grade range from grade 6 to grade 12. (v) “Standard teaching certificate” means the provisional certificate issued by the superintendent of public instruction to an individual who holds at least a bachelor’s degree, has completed a state approved teacher preparation program, and has met all requirements set forth in these rules and the revised school code, 1976 PA 451, MCL 380.1 to 380.1853. (w) “State board” means the Michigan state board of education. (x) “State board approval” means a license, certificate, approval not requiring a teaching certificate, or other evidence of qualifications to hold a particular position in a school district or nonpublic school, other than a teaching certificate, that is issued to an individual by the department. (y) “State continuing education clock hours” means hours of professional development issued through a process established and approved by the superintendent of public instruction. (z) “Teacher preparation institution” means a baccalaureate or higher degree granting institution that is state approved to recommend applicants for the several certificates and certificate endorsements under these rules. (aa) “Validity” means the time period, grade level, and discipline area for which a certificate, permit, or authorization is issued. R 390.1103 Successful teaching. Rule 3. The determination of successful teaching specified in these rules shall be according to all of the following: (a) Successful experience shall be with 1 or more employers in a teaching capacity within the validity of a teaching certificate. (b) A year of employment is a minimum of 150 instructional days and may be either an academic or a calendar year, but not more than 1 year of employment may be earned during an academic or a calendar year. A year of employment may be accumulated over a period of years. (c) An instructional day is 6 or more hours during which teachers provide instruction to or have contact with students. Two partial instructional days of not less than 3 hours each may be combined to equal 1 day. R 390.1105 Individuals required to hold certificates or permits. Rule 5. (1) Unless otherwise provided in the revised school code, 1976 PA 451, MCL 380.1 to 380.1853, an individual employed as a teacher in grades K to 12 with instructional responsibilities shall hold a certificate, permit, or CTE authorization valid for the positions to which the teacher is assigned. (2) A full-time teacher of a day school program reimbursed from CTE funds shall meet the minimum qualifications for endorsement or authorization in the particular occupational education field as specified by the superintendent of public instruction. (3) A teacher in a reimbursed program in special education shall meet the minimum qualifications for certification, endorsements, or approvals when required by law in the particular special education field, as specified by the superintendent of public instruction. (4) A teacher aide, instructional support paraprofessional, classroom assistant, secretary to instructional personnel, or other paraprofessional legally employed in a non-instructional capacity need not be certificated as a teacher. R 390.1111 Equality of opportunity. Rule 11. (1) All students in educational programs at any level shall have equal access to opportunities to maximize their full development in a democratic society. Each Michigan teacher preparation institution shall provide prospective teachers access to theoretical knowledge and practical experiences supporting

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the vision and principles for universal education and for the development of cultural competence needed to respect differences and to avert disparate treatment based on race, religion, color, national origin or ancestry, age, gender preference, physical attributes, marital status, and disability. (2) An applicant for certification who is otherwise qualified shall not be denied the right to be certified by the superintendent of public instruction, to receive training for the purpose of becoming a teacher, or to engage in supervised directed teaching in any school because the applicant is a person with a disability. A school district or nonpublic school shall not refuse to engage a teacher who is a person with a disability on such grounds if the teacher is able to carry out the duties of the position for which the teacher applies. R 390.1115 Applications; semester credit hours; examination scores. Rule 15. (1) The application for a certificate, permit, or authorization shall be directed to the superintendent of public instruction and submitted on a form supplied or approved by the superintendent of public instruction. (2) Semester credit hours toward certification shall be completed through an approved teacher preparation institution or alternative route program provider, or accepted in transfer by such an institution, and shall be acceptable toward requirements for a standard teaching certificate and a bachelor's or higher degree. The superintendent of public instruction may determine the acceptability of credit hours presented for certification from approved teacher preparation institutions located in other states. (3) For the purpose of initial certification, authorization, or endorsement, passing scores on the state teacher discipline area examinations are valid for 5 years from the date of testing. Basic skills examination scores are valid indefinitely. R 390.1117 Certificate restrictions and expiration. Rule 17. (1) A certificate has certain restrictions as to the grade level and discipline area for which the holder may be employed. The applicant and employer shall be familiar with the specific provisions regarding the validity of the certificate. (2) A certificate expires on June 30 of the expiration year indicated on the certificate, with the exception of the temporary teacher employment authorization, the professional temporary teacher employment authorization, the 2-year extended standard teaching certificate, and the 2-year extended standard CTE certificate. Permanent, continuing, and life certificates and full vocational authorizations do not expire. R 390.1118 Nullification of teaching certificate. Rule 18. (1) The holder of a Michigan teaching certificate may request the superintendent of public instruction to nullify the teaching certificate or certificate endorsement or endorsements under section 1532 of 1976 PA 451, MCL 380.1532. (2) Any nullification approved by the superintendent of public instruction shall take effect immediately. (3) A request for nullification shall be made in writing to the department. A request for nullification may be withdrawn by the applicant at any time before it is approved. (4) Any certificate, endorsement, or grade level authorization that is nullified shall not be reinstated. PART 2. STANDARD TEACHING CERTIFICATE AND INTERIM TEACHING CERTIFICATE R 390.1121 Standard teaching certificate; general provisions. Rule 21. (1) A candidate for certification must make an application for a standard teaching certificate within 5 years after certification requirements have been met. The recommendation by the teacher preparation institution is valid for 5 years.

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(2) The requirements in this part for the several certificates are minimum requirements. A teacher preparation institution may have additional requirements that exceed the requirements of these rules. (3) Individuals enrolled in teacher preparation institutions in this state shall comply with this part. R 390.1122 Rescinded. R 390.1122a Interim teaching certificate. Rule 22a. (1) The superintendent of public instruction shall grant an interim teaching certificate to an applicant who meets all of the requirements of an alternative route program under section 1531i of 1976 PA 451, MCL 380.1531i. (2) An interim teaching certificate expires 5 years from June 30 of the calendar year that the certificate is issued or upon notification by the alternative route program provider to the superintendent of public instruction that the candidate has exited the program before completion. (3) Additional endorsements shall not be added to an interim teaching certificate after the certificate is issued. (4) The superintendent of public instruction shall grant an interim teaching certificate to an individual who holds a valid Michigan teaching certificate other than an interim teaching certificate and is seeking an additional endorsement through an alternative route program under section 1531i of 1976 PA 451, MCL 380.1531i. The individual may hold the valid Michigan teaching certificate and the interim teaching certificate at the same time. (5) An interim teaching certificate is nonrenewable. R 390.1123 Initial standard teaching certificate; program requirements. Rule 23. (1) An applicant for a standard teaching certificate shall present evidence of the satisfactory completion of an approved program in teacher preparation, which includes all of the following: (a) At least 20 semester credit hours of instruction in theoretical and practical knowledge reflecting state board approved standards and related proficiencies required of entry level teachers. (b) Supervised directed teaching. All of the following apply: (i) Supervised directed teaching shall engage applicants in practical experiences that reflect and support the standards and related proficiencies for entry level teachers. (ii) Supervised directed teaching shall be for a minimum duration of 12 weeks and for a minimum of 6 semester credit hours, with 30 clock hours of classroom teaching and observation under the supervision of a teacher preparation institution being equivalent to 1 semester credit hour of supervised directed teaching. (iii) The supervised directed teaching shall be in the grade range and discipline area for which a certificate is to be granted. (iv) Up to 6 semester credit hours of supervised directed teaching may be waived for the initial standard teaching certificate upon the recommendation of the superintendent of an employing school district or nonpublic school and the teacher preparation institution if the applicant satisfies either of the following: (A) Holds a master’s or higher degree and has 3 years of successful teaching at the appropriate level. (B) Has 5 years of successful teaching at the appropriate level. (c) An approved course of study in a certificate endorsement area that includes preparation in discipline area knowledge, pedagogy, and field experiences as defined in state board approved standards and appropriate to the grade level the applicant proposes to teach. All of the following apply: (i) The approved course of study shall include early and ongoing structured field experiences with diverse student populations and in diverse instructional settings. (ii) An initial standard teaching certificate with elementary grade level authorization may be issued if all of the following are satisfied:

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(A) Completion of an approved course of study in base knowledge appropriate for elementary education as specified in state board approved standards. (B) Completion of an approved course of study in a discipline area appropriate to the elementary grade level, methods coursework appropriate to that area, and appropriate field experiences as specified in state board approved standards. (C) A minimum of 6 semester credit hours in the teaching of literacy with appropriate field experiences as specified in state board approved standards. (iii) An initial standard teaching certificate with secondary grade level authorization may be issued if both of the following are satisfied: (A) Completion of an approved course of study in a discipline area appropriate to the secondary grade level, methods coursework appropriate to that area, and appropriate field experiences as specified in state board approved standards. (B) A minimum of 3 semester credit hours in literacy instruction appropriate to the discipline area and appropriate field experiences as specified in state board approved standards. (2) Both of the following apply to an approved alternative route program under section 1531i of 1976 PA 451, MCL 380.1531i: (a) An applicant who completes an approved alternative route program is considered to have satisfied the requirements of this rule if the teaching component of the alternative route program included both of the following: (i) An initial 4 weeks of employment supported by intensive observation, mentoring or coaching, and feedback provided by an assigned mentor or coach with experience and expertise in the candidate’s certificate endorsement area or appropriate level of certification. (ii) An additional 8 weeks of continued supervision, mentoring or coaching, and evaluation. (b) For an endorsement to be eligible for recommendation by the alternative route program provider on a standard teaching certificate, the applicant must have completed a minimum of 12 weeks of teaching appropriate to the endorsement. (3) An initial standard teaching certificate issued under this rule expires 5 years from June 30 of the calendar year it is issued. (4) An initial certificate entitled “provisional certificate” is valid until 6 years from June 30 of the calendar year it was issued. R 390.1124 Rescinded. R 390.1125 Degree and recommendations. Rule 25. (1) An applicant for a standard teaching certificate shall have been granted a bachelor's degree and shall have been recommended by a Michigan teacher preparation institution or approved alternative route program provider. A Michigan teacher preparation institution may accept a degree from a regionally accredited institution if it is determined by the accepting Michigan teacher preparation institution that the degree is equivalent to that awarded by that institution. The superintendent of public instruction reserves the right to determine the acceptability of degree equivalence recommendations. (2) The teacher preparation institution or approved alternative route program shall make recommendations concerning all certificates for which the teacher preparation institution or approved alternative route program is approved. (3) Before a teacher preparation institution or approved alternative route program provider may recommend an applicant, the applicant shall present to the teacher preparation institution or alternative route program provider a valid certificate of completion of a course approved by the department in first aid and cardiopulmonary resuscitation as required by section 1531d of 1976 PA 451, MCL 380.1531d.

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R 390.1126 Rescinded. R 390.1127 Rescinded. R 390.1129 Additional endorsements. Rule 29. (1) An applicant for an initial standard teaching certificate or a holder of a valid or expired teaching certificate may qualify for another certificate endorsement by presenting evidence of completion of an additional endorsement program with a minimum of 20 semester credit hours. (2) An additional endorsement program includes preparation in theoretical and practical knowledge, discipline area knowledge, pedagogy, and field experience, as defined in state board approved standards. If, for a particular additional endorsement program, pedagogy and field experience are not specified in state board approved standards, pedagogy and field experience shall be required no later than the beginning of the fall 2019 semester. (3) Upon passing the state teacher discipline area examination if an examination is available and successfully completing credit requirements at a Michigan teacher preparation institution, a candidate may apply for the additional certificate endorsement. (4) With the approval of a Michigan teacher preparation institution, an individual who is already certified and who wishes to qualify for an additional endorsement may combine coursework to meet preparation standards in the discipline area with already earned semester credit hours to bring the total up to the minimum number of required credits as specified in this rule. When the candidate has completed the required credits and passed the state teacher discipline area examination, the teacher preparation institution shall recommend the candidate for the additional endorsement. (5) The holder of a Michigan teaching certificate except an interim teaching certificate may qualify for an additional endorsement by presenting evidence of completion of an approved Michigan alternative route program under R 390.1122a. R 390.1129a Rescinded. Rule 390.1129b Procedures at expiration of standard teaching certificate. Rule 29b. (1) An applicant with a standard teaching certificate may progress to the professional teaching certificate at any time if the applicant has met the requirements of R 390.1132 or R 390.1133. (2) Subject to subrules (4) and (5) of this rule, if the applicant does not qualify for the professional teaching certificate, a 5-year renewal of the standard teaching certificate may be granted based upon evidence that, since the issue date of the most recent certificate, the applicant has completed any combination of education-related professional learning hours, as defined in R 390.1101, totaling 150 hours. (3) A teacher may obtain additional 5-year renewals of a standard teaching certificate under subrule (2) of this rule on or after January 1 of the year in which the certificate expires. (4) A teacher who holds a standard teaching certificate may be granted one 5-year renewal of the certificate based upon submission of evidence of having earned at any time an education-related master’s or higher degree. (5) A teacher who holds an expired standard teaching certificate and holds a valid teaching certificate from another state is eligible for one 5-year renewal of the standard teaching certificate. (6) A standard teaching certificate renewal issued under this rule expires 5 years from June 30 of the calendar year it is issued. (7) For an individual who has not met the professional learning requirements of subrule (2) of this rule, R 390.1132, or R 390.1133, and who is not eligible for renewal under subrule (4) or (5) of this rule, the superintendent of public instruction may issue a 2-year extended standard teaching certificate under

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section 1531e of 1976 PA 451, MCL 380.1531e, upon the application of a Michigan school district or nonpublic school. All of the following apply: (a) The teacher is an employee of the applying school district or nonpublic school. (b) If the extension is issued on or after July 1, 2018, the teacher has, since the issuance of the initial standard teaching certificate and at the time of application, met the requirements of section 1531j of 1976 PA 451, MCL 380.1531j. (c) With the issuance of the 2-year extended standard teaching certificate, the teacher is not eligible for renewals of the standard teaching certificate and must meet all requirements to progress to the professional teaching certificate as specified in R 390.1132 or R 390.1133. (d) A 2-year extended standard teaching certificate expires 2 calendar years from the issue date of the certificate. R 390.1130 Reciprocity agreements, foreign programs, and temporary teacher employment authorizations. Rule 30. (1) The superintendent of public instruction may enter into written agreements with the states for the mutual acceptance of 1 or more types of teaching certificates issued by each state. (2) Under a reciprocity agreement described in subrule (1) of this rule, the superintendent of public instruction may issue a standard teaching certificate to an individual who meets all of the following requirements: (a) The applicant holds, or is eligible for, a standard level teaching certificate issued by the certificating authority of any other state in which requirements for certification are deemed equivalent to those in effect in this state. (b) The applicant holds valid first aid and adult and pediatric cardiopulmonary resuscitation certificates as required by section 1531d of 1976 PA 451, MCL 380.1531d. (c) The applicant has passed the Michigan basic skills examination and appropriate discipline area examinations. (3) Under a reciprocity agreement described in subrule (1) of this rule, the superintendent of public instruction may issue a professional teaching certificate to an individual who meets both of the following requirements: (a) A minimum of 6 satisfactory college semester credit hours of literacy instruction for a certificate with elementary grade level authorization or a minimum of 3 satisfactory college semester credit hours of literacy instruction as appropriate to the discipline area for a certificate with secondary or PK-12 grade level authorization. (b) All requirements set forth in section 1531(6) of 1976 PA 451, MCL 380.1531(6). (4) An applicant who has completed an alternative route program approved by an appropriate out-of-state agency may present evidence of successful completion of that program and a valid standard level teaching certificate from that state. (5) Teacher preparation programs completed in foreign countries shall be evaluated by an organization approved by the United States Department of Education and by the superintendent of public instruction in determining eligibility for certification. (6) The superintendent of public instruction may issue a nonrenewable, 1-year temporary teacher employment authorization to an individual who satisfies the requirements of section 1531(16) of 1976 PA 451, MCL 380.1531(16). Such individual shall hold a teaching certificate issued by another state, by a United States territory, or by a Canadian province that satisfies standards established by the department. (7) The superintendent of public instruction may issue a Michigan teaching certificate under section 1531(6) of 1976 PA 451, MCL 380.1531(6), to an individual holding a teaching certificate issued by another state, by a United States territory, or by a Canadian province that satisfies standards established

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by the department. If the individual satisfies all of the requirements of MCL 380.1531(6) except for the literacy instruction requirements set forth in these rules, the superintendent of public instruction may issue to the individual a nonrenewable 1-year professional temporary teacher employment authorization. PART 3. PROFESSIONAL TEACHING CERTIFICATE R 390.1132 Professional teaching certificate; before July 1, 2018. Rule 32. (1) Beginning September 1, 2013, and before July 1, 2018, a professional teaching certificate may be issued to an applicant who presents evidence of completion of all of the following: (a) At least 3 years of successful teaching as defined in R 390.1103. (b) The reading requirements of section 1531(4) of 1976 PA 451, MCL 380.1531(4). (c) A minimum of 6 satisfactory college semester credit hours of literacy instruction for a certificate with elementary grade level authorization or a minimum of 3 satisfactory college semester credit hours of literacy instruction as appropriate to the discipline area for a certificate with secondary or PK-12 grade level authorization. This course credit may have been completed at any time before application for the professional teaching certificate. (d) An education-related master’s or higher degree earned at any time or, since the issue date of the most recent standard teaching certificate or renewal, any combination of education-related professional learning hours, as defined in R 390.1101, totaling 150 hours. (2) An individual who meets the requirements of this rule may apply for the initial professional teaching certificate at any time. (3) An initial professional teaching certificate expires 5 years from June 30 of the calendar year that the certificate is issued. R 390.1133. Professional teaching certificate; beginning July 1, 2018. Rule 33. (1) Beginning July 1, 2018, a professional teaching certificate may be issued to an applicant who presents evidence at the time of the application of satisfaction of all of the following: (a) Met the successful teaching requirement as specified in section 1531j of 1976 PA 451, MCL 380.1531j, and as defined in R 390.1103. (b) Completed the reading requirements of section 1531(4) of 1976 PA 451, MCL 380.1531(4). (c) Completed a minimum of 6 satisfactory college semester credit hours of literacy instruction for a certificate with elementary grade level authorization or a minimum of 3 satisfactory college semester credit hours of literacy instruction as appropriate to the discipline area for a certificate with secondary or PK-12 grade level authorization. This course credit may have been completed at any time before application for the professional teaching certificate. (d) Earned at any time an education-related master’s or higher degree or, since the issue date of the most recent standard teaching certificate or renewal, completed any combination of education-related professional learning hours, as defined in R 390.1101, totaling 150 hours. (2) An individual who meets the requirements of this rule may apply for the initial professional teaching certificate at any time. (3) An initial professional teaching certificate expires 5 years from June 30 of the calendar year that the certificate is issued. R 390.1134 Rescinded. R 390.1135 Professional teaching certificate; renewal. Rule 35. (1) A professional teaching certificate that has expired or will expire within the calendar year of application shall be renewed upon the applicant's completion since the issue date of the most recent

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professional teaching certificate or renewal of any combination of education-related professional learning hours, as defined in R 390.1101, totaling 150 hours. (2) Additional hours beyond the 150 hours required under subrule (1) of this rule that are earned during any certificate validity shall not be applied toward any subsequent renewals. (3) Effective January 1, 2018, a teacher who holds a valid or expired Michigan professional teaching certificate and holds a valid teaching certificate from another state is eligible for one 5-year renewal of the Michigan professional teaching certificate. (4) A professional teaching certificate renewal expires 5 years from June 30 of the calendar year that it is issued. R 390.1137 Advanced professional teaching certificate. Rule 37. (1) An advanced professional teaching certificate may be issued to an applicant who satisfies all of the following: (a) Holds a professional teaching certificate or a life, continuing, or permanent certificate. (b) One of the following: (i) Holds national board certification. (ii) Has completed a teacher leader training or preparation program approved by the superintendent of public instruction, with such completion being indicated on the certificate required in subdivision (a) of this subrule. (iii) Has completed a successful term as Michigan teacher of the year as determined by the department. (c) On annual year-end evaluations under section 1249 of 1976 PA 451, MCL 380.1249, was rated as required by section 1531k of 1976 PA 451, MCL 380.1531k. (2) An initial advanced professional teaching certificate expires 5 years from June 30 of the calendar year that the certificate is issued. R 390.1138 Advanced professional teaching certificate; renewal. Rule 38. (1) An advanced professional teaching certificate that has expired or will expire within the calendar year of renewal application shall be renewed if the applicant satisfies all of the following: (a) On annual year-end evaluations under section 1249 of 1976 PA 451, MCL 380.1249, was rated as required by section 1531k of 1976 PA 451, MCL 380.1531k. (b) Since the issue date of the most recent advanced professional teaching certificate or renewal, completed any combination of education-related professional learning hours, as defined in R 390.1101, totaling 150 hours. (2) Additional hours beyond the 150 hours required under subrule (1)(b) of this rule that are earned during any certificate validity shall not be applied toward any subsequent renewals. (3) An applicant who has not been rated on annual year-end evaluations under section 1249 of 1976 PA 451, MCL 380.1249, as required in section 1531k of 1976 PA 451, MCL 380.1531k, is not eligible to renew the advanced professional teaching certificate. This does not preclude renewal of a professional teaching certificate under R 390.1135. (4) Renewal of an advanced professional teaching certificate expires 5 years from June 30 of the calendar year that the certificate is issued. PART 4. SUBSTITUTE PERMITS R 390.1141 Substitute permits; general provisions. Rule 41. (1) A school district or nonpublic school shall obtain a substitute permit for any individual or teacher who does not hold the valid and appropriate endorsement or certificate, including an individual

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employed under section 1233b, 1233c, or 1531f of 1976 PA 451, MCL 380.1233b, 380.1233c, or 380.1531f. (2) Upon approval of an application and payment of the appropriate fee, the superintendent of public instruction may issue to a school district or nonpublic school a substitute permit to employ an individual who meets the requirements of statute and this part when an appropriately certificated and endorsed teacher is not available for employment. The substitute permit shall be a full-year, daily, or expert substitute permit. (3) A full-year, daily, or expert substitute permit or renewal of a substitute permit is issued to the recommending superintendent or school administrator, who shall apply for such substitute permit or renewal on behalf of the school district or nonpublic school. The recommending superintendent or school administrator receiving the substitute permit or renewal shall hold the substitute permit or renewal for the individual. (4) The fee for an approved substitute permit must be paid prior to the first instructional day the individual is in the assignment. (5) A substitute permit is valid from the issue date to August 31 or the last day of the school district’s or nonpublic school’s academic year for which it is issued, whichever date comes first. (6) Subject to subrule (8) of this rule, the superintendent of public instruction may revoke, refuse to grant, refuse to renew, or refuse to extend a substitute permit for the school year for which it is requested pursuant to these rules for 1 of the following reasons: (a) Fraud, material misrepresentation, or concealment or omission of fact in the application for or the use of the substitute permit. (b) Conviction of the individual for a crime described in section 1535a of 1976 PA 451, MCL 380.1535a. (c) Failure to meet the requirements for the substitute permit. (7) The superintendent of public instruction may rescind a substitute permit at the request of the school district or nonpublic school. (8) The superintendent of public instruction shall revoke, refuse to grant, refuse to renew, or refuse to extend a substitute permit if the individual for whom the permit is requested was convicted of a listed offense. (9) A school district placing a noncertified, inappropriately certified, or unlicensed individual in an assignment without obtaining a permit or authorization under these rules is subject to section 163 of 1979 PA 94, MCL 388.1763. R 390.1142 Full-year substitute permit. Rule 42. (1) The superintendent of public instruction may issue a full-year substitute permit to a school district or nonpublic school if a properly certificated and endorsed teacher is unavailable for the assignment. (2) All of the following apply to a full-year substitute permit: (a) The individual for whom the full-year substitute permit is requested has completed college semester credit hours at 1 or more regionally accredited colleges or universities in accordance with section 1233(6) of 1976 PA 451, MCL 380.1233(6). (b) When the full-year substitute permit is requested for an assignment to teach a core academic discipline, as defined by the superintendent of public instruction, the school district or nonpublic school shall present evidence that the individual has completed an academic major in the discipline or obtained a passing score on the appropriate available discipline area examination approved by the superintendent of public instruction. (c) The employing school district or nonpublic school shall assign a mentor to the individual.

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(d) The employing school district or nonpublic school may apply to renew a full-year substitute permit to place the same individual in the permitted assignment area. The following requirements apply at the time of the application for renewal:

(i) For the first renewal, the individual must have had a minimum of 1 formal observation leading to a comprehensive evaluation rating of effective or highly effective and must be enrolled in an approved teacher preparation program. This program must lead to either an initial teaching certificate or an additional endorsement on an existing teaching certificate.

(ii) Within each subsequent year of renewal, the candidate must have completed a minimum of 6 additional satisfactory college semester credit hours in the approved program and must have had a minimum of 1 formal observation leading to a comprehensive evaluation rating of effective or highly effective.

(3) A school district or nonpublic school may apply for a shortage full-year substitute permit for an individual who holds a professional or advanced professional teaching certificate but who does not hold the appropriate endorsement or grade level authorization. All of the following apply to the shortage full-year substitute permit:

(a) The discipline is identified as an area of critical shortage by the superintendent of public instruction.

(b) If the discipline area is a core academic discipline as defined by the superintendent of public instruction, the individual has completed an academic major in the discipline or obtained a passing score on the appropriate available discipline area examination approved by the superintendent of public instruction.

(c) The assignment does not exceed ½ of a full-time equivalency teaching position, defined in accordance with a local bargaining agreement.

(d) Renewal requires the teacher to have had 1 formal observation leading to a comprehensive evaluation rating of effective or highly effective in the permitted discipline area and assignment during the validity of the shortage full-year substitute permit under section 1249 of 1976 PA 451, MCL 380.1249.

(4) Any substitute permit issued under this rule is valid for teaching in the grade levels and discipline areas specified on the substitute permit for the academic school year for which it is issued.

(5) Any substitute permit issued under this rule may be renewed not more than 3 times.

R 390.1143 Daily substitute permit. Rule 43. (1) The superintendent of public instruction may issue a daily substitute permit to a school district or nonpublic school for an individual who has completed college semester credit hours at 1 or more regionally accredited colleges or universities in accordance with section 1233(6) of 1976 PA 451, MCL 380.1233(6). (2) All of the following apply to a daily substitute permit: (a) A daily substitute permit is valid for teaching on a substitute basis during a given academic school year. As used in this rule, “teaching on a substitute basis” means teaching in a classroom when the certificated teacher regularly assigned to the classroom is temporarily absent.

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(b) A daily substitute permit is not valid for any regular or extended teaching assignment. As used in this rule, “regular or extended teaching assignment” means an assignment to the same classroom for more than 90 consecutive calendar days. (c) A school district or nonpublic school is not required to obtain a daily substitute permit for an individual who holds a valid Michigan teaching certificate for an assignment of not more than 90 consecutive calendar days outside the validity of the teaching certificate. (d) A daily substitute permit is not renewable. (e) If the individual does not qualify to transition to the full-year substitute permit, the school district or nonpublic school may apply to extend the daily substitute permit as follows: (i) The school district or nonpublic school may apply for 1 additional 90 consecutive calendar day period during the same school year if both of the following are satisfied before the application for extension: (A) There is a formal satisfactory observation of the individual by either an administrator or designee. (B) The employing school district or nonpublic school assigns a mentor to the individual. (ii) A school district or nonpublic school may apply for 1 emergency extension, which may be granted at the discretion of the superintendent of public instruction. R 390.1145 Expert substitute permit. Rule 45. (1) The superintendent of public instruction may issue an expert substitute permit under this rule to a school district or nonpublic school if a properly certificated and endorsed teacher is not available for the teaching assignment. (2) The assignment for which an expert substitute permit is requested shall not exceed ½ of a full-time equivalency teaching position, defined in accordance with a local bargaining agreement. (3) The individual for whom an expert substitute permit is requested shall have documented expertise in the area of the assignment or a similar area and at least 5 years of successful and documented work experience in the area of the assignment or a similar area. The work experience requirement does not apply to an individual employed to teach a world language. (4) Subject to subrule (5) of this rule, if the assignment for which an expert substitute permit is requested is in a core academic discipline as defined by the superintendent of public instruction, the individual shall hold a bachelor's or higher degree from a regionally accredited college or university and 1 of the following: (a) An academic major in the discipline area of the assignment or a related discipline area as determined by the superintendent of public instruction. (b) A passing score on the appropriate available discipline area examination approved by the superintendent of public instruction. (5) If an individual for whom an expert substitute permit is requested is employed to teach a world language, the individual shall satisfy all of the following requirements: (a) Hold a bachelor’s or higher degree from a regionally accredited college or university or equivalent. (b) Demonstrate oral language proficiency by passing an oral examination approved by the superintendent of public instruction. (c) Demonstrate written language proficiency by passing a written examination, if available, approved by the superintendent of public instruction. (6) If the assignment for which an expert substitute permit is requested is in a non-core discipline area, 1 of the following must be satisfied: (a) The individual completed college semester credit hours at 1 or more regionally accredited colleges or universities in accordance with section 1233(6) of 1976 PA 451, MCL 380.1233(6), and holds a valid business or industry license or credential in the specific discipline area of the assignment, if one is available.

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(b) The individual holds a bachelor’s or higher degree from a regionally or nationally accredited college or university. (7) An expert substitute permit is valid for 1 year and must be renewed for continued employment. (8) Upon annual application by a school district or nonpublic school, an expert substitute permit may be renewed upon verification of 1 formal observation leading to a comprehensive evaluation rating of effective or highly effective in the permitted discipline area and assignment during the validity of the expert substitute permit. If the assignment is in a non-core discipline area and the individual qualified for an initial expert substitute permit under only subrule (6)(a) of this rule, the business or industry license or credential, if available, must be valid at the time of the application for renewal unless the individual holds a bachelor’s or higher degree at the time of the application for renewal. R 390.1146 Rescinded. R 390.1147 Rescinded. PART 5. TEACHER PREPARATION PROVIDERS R 390.1151 Approved teacher preparation providers and programs. Rule 51. (1) The state board approves standards for reviewing prospective teacher preparation providers to prepare and recommend candidates for initial certification. The superintendent of public instruction shall make recommendations to the state board for the initial state approval of teacher preparation institutions based on state board approved standards. This subrule does not apply to alternative route program providers approved under section 1531i of 1976 PA 451, MCL 380.1531i. (2) The superintendent of public instruction shall approve programs offered by teacher preparation institutions in accordance with state board approved standards for teacher preparation. The superintendent of public instruction shall approve alternative route program providers as authorized in section 1531i of 1976 PA 451, MCL 380.1531i. (3) Continued approval by the superintendent of public instruction requires that a teacher preparation provider be nationally accredited or recommended for approval to the superintendent of public instruction by a state review process. (4) An approved teacher preparation provider shall submit data required by the department that is used to determine its annual teacher preparation provider performance score as approved by the superintendent of public instruction. (5) Upon request of the superintendent of public instruction, a teacher preparation provider shall present a report of its teacher preparation curricula and program offerings. The programs of an approved teacher preparation provider are subject to periodic review by the superintendent of public instruction. (6) A provider recommending candidates for teaching certificates shall establish selection techniques that ensure that only qualified candidates are admitted to the teacher preparation program and that only qualified candidates are recommended for certification or additional certificate endorsements. (7) All programs offered by an approved teacher preparation provider shall be in discipline areas pertinent to teaching at the level for which certification is to be recommended. The superintendent of public instruction may determine the criteria for accepting certification of candidates prepared by out-of-state teacher preparation providers in accordance with the law of this state. R 390.1152 Approved teacher preparation providers; equivalence credits. Rule 52. (1) An approved Michigan teacher preparation provider may award semester credit hours on an equivalence basis for previously completed coursework or previous life learning experiences in partial

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fulfillment of the requirements of the provider’s approved programs for certification or certificate endorsements. (2) Equivalence options may not be used to satisfy specific legal requirements for individuals seeking teaching certification. R 390.1153 Approved teacher preparation providers; experimental programs. Rule 53. (1) The superintendent of public instruction, at the request of an approved teacher preparation provider, may waive for a specific time particular requirements of this code for experimental teacher preparation programs. A request for such a waiver shall provide sufficient detail to allow substantial scientifically based experimentation with preparation programs. A provider shall objectively evaluate and report on the effectiveness of the experiment for the specified time period. The superintendent of public instruction may give approval to continue an experimental program when evaluation data provide evidence of value. (2) An experimental program may not waive specific statutory requirements for candidates seeking teaching certification. R 390.1154 Rescinded. R 390.1156 Rescinded. PART 6. CTE ENDORSEMENTS, CERTIFICATES, AND AUTHORIZATION R 390.1161 Standard teaching certificate and professional teaching certificate with CTE endorsement. Rule 61. (1) An applicant for CTE endorsement shall meet the requirements for a standard teaching certificate or a professional teaching certificate as described in part 2 and part 3 of these rules and shall present evidence of completing all of the following: (a) A program with a minimum of 6 semester credit hours, or equivalent, of CTE coursework at an institution approved by the state board for the preparation of CTE teachers. (b) Program requirements, as defined by the state board, for each CTE endorsement. (c) Two years of recent and relevant experience, as defined by the superintendent of public instruction, in the occupational area of the endorsement. (2) A CTE endorsement is valid for teaching in the stated occupational area in an approved CTE program. R 390.1162 Rescinded. R 390.1163 Standard CTE certificate. Rule 63. (1) A standard CTE certificate may be issued upon the recommendation of an approved CTE teacher preparation institution to an applicant presenting evidence that the applicant meets all of the following requirements: (a) Possesses a baccalaureate degree. (b) Has a major or minor in the field of specialization in which CTE certification is being requested. (c) Has a minimum of 2 years (4,000 hours) of recent and relevant experience, as defined by the superintendent of public instruction, in the occupational area. (d) Passed both the basic skills examination and appropriate discipline area examination or examinations available at the time of application. (e) Successfully completed a minimum of 6 satisfactory college semester credit hours of professional or CTE education credit.

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(2) A standard CTE certificate is valid for teaching in those courses in which instruction is limited to the occupation specified on the certificate in approved CTE programs. (3) A certificate entitled “interim occupational certificate” is valid until 6 years from June 30 of the calendar year that the certificate was issued. A standard CTE certificate issued under this rule expires 5 years from June 30 of the calendar year that the certificate is issued. (4) An applicant with a standard CTE certificate may progress to the professional CTE certificate at any time if the applicant has met the requirements of R 390.1164 or R 390.1164a. (5) Subject to subrules (7) and (8) of this rule, if the holder of a standard CTE certificate does not qualify for the professional CTE certificate at the expiration of the standard CTE certificate, a 5-year renewal of the standard CTE certificate may be granted based upon evidence that the holder has completed, since the issue date of the most recent certificate, any combination of education-related professional learning hours, as defined in R 390.1101, totaling 150 hours. (6) A teacher may obtain additional 5-year renewals of a standard CTE certificate under subrule (5) of this rule on or after January 1 of the year in which the certificate expires. (7) A teacher who holds a standard CTE certificate may be granted one 5-year renewal of the certificate upon submission of evidence of having earned at any time an education-related master’s or higher degree. (8) A teacher who holds an expired standard CTE certificate but holds a valid CTE certificate from another state is eligible for one 5-year renewal of the standard CTE certificate. (9) A standard CTE certificate renewal issued under this rule expires 5 years from June 30 of the calendar year it is issued. (10) For an individual who has not met the professional learning requirements of subrule (5) of this rule, R 390.1164, or R 390.1164a, and who is not eligible for renewal under subrule (7) or (8) of this rule, the superintendent of public instruction may issue a 2-year extended standard CTE certificate upon the application of a Michigan school district or nonpublic school. All of the following apply: (a) The teacher is an employee of the applying school district or nonpublic school. (b) If the extension is issued on or after July 1, 2018, the teacher has, since the issuance of the initial standard CTE certificate and at the time of application, met the requirements of section 1531j of 1976 PA 451, MCL 380.1531j. (c) With the issuance of the 2-year extended standard CTE certificate, the teacher is not eligible for renewals of the standard CTE certificate and must meet all requirements to progress to the professional CTE certificate as specified in R 390.1164 or R 390.1164a. (d) A 2-year extended standard CTE certificate expires 2 calendar years from the issue date of the certificate. R 390.1164 Professional CTE certificate; before July 1, 2018. Rule 64. (1) Beginning September 1, 2013, and before July 1, 2018, a professional CTE certificate may be issued to an applicant who presents evidence of completion of all of the following: (a) At least 3 years of successful teaching as defined in R 390.1103. (b) The reading requirements of section 1531(4) of 1976 PA 451, MCL 380.1531(4). (c) An education-related master’s or higher degree earned at any time or, since the issue date of the most recent standard CTE certificate or renewal, any combination of education-related professional learning hours, as defined in R 390.1101, totaling 150 hours. (2) An individual who meets the requirements of this rule may apply for the initial professional CTE certificate at any time. (3) A professional CTE certificate that has expired or will expire within the calendar year of application shall be renewed upon the applicant's completion since the issue date of the most recent professional

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CTE certificate or renewal of any combination of education-related professional learning hours, as defined in R 390.1101, totaling 150 hours. (4) Additional hours beyond the 150 hours required under subrule (3) of this rule shall not be applied toward any subsequent renewals. (5) A teacher who holds a valid or expired Michigan professional CTE certificate and a valid teaching certificate from another state or a valid CTE certificate from another state is eligible for one 5-year renewal of the Michigan professional CTE certificate. (6) A professional CTE certificate or renewal expires 5 years from June 30 of the calendar year that it is issued. R 390.1164a Professional CTE certificate; beginning July 1, 2018. Rule 64a. (1) Beginning July 1, 2018, a professional CTE certificate may be issued to an applicant who presents evidence at the time of the application that the applicant has satisfied all of the following: (a) Met the requirements of section 1531j of 1976 PA 451, MCL 380.1531j. (b) Completed the reading requirements of section 1531(4) of 1976 PA 451, MCL 380.1531(4). (c) Earned an education-related master’s or higher degree at any time or, since the issue date of the most recent standard CTE certificate or renewal, completed any combination of education-related professional learning hours, as defined in R 390.1101, totaling 150 hours. (2) An individual who meets the requirements of this rule may apply for the initial professional CTE certificate at any time. (3) A professional CTE certificate that has expired or will expire within the calendar year of application shall be renewed upon the applicant's completion since the issue date of the most recent professional CTE certificate or renewal of any combination of education-related professional learning hours, as defined in R 390.1101, totaling 150 hours. (4) Additional hours beyond the 150 hours required under subrule (3) of this rule shall not be applied toward any subsequent renewals. (5) A teacher who holds a valid or expired Michigan professional CTE certificate and a valid teaching certificate from another state or a valid CTE certificate from another state is eligible for one 5-year renewal of the Michigan professional CTE certificate. (6) A professional CTE certificate or renewal expires 5 years from June 30 of the calendar year that it is issued. R 390.1165 Annual CTE authorization. Rule 65. (1) If an individual does not meet the requirements for the standard CTE certificate, the superintendent of public instruction may issue to the employing school district or nonpublic school an initial annual CTE authorization based on an evaluation of the individual’s recent and relevant experience as defined by the superintendent of public instruction. The annual CTE authorization is restricted to grades 9 to 12 assignments. (2) The annual CTE authorization is valid for teaching those courses in approved programs in which instruction is limited to the occupation specified on the authorization. (3) Before applying for the initial annual CTE authorization, a school district or nonpublic school shall certify that an appropriately certified CTE teacher is not available for the assignment. (4) A school district or nonpublic school may apply for subsequent annual CTE authorizations for a noncertificated individual. All of the following apply to subsequent annual CTE authorizations: (a) The noncertificated teacher was employed under an annual CTE authorization the previous school year.

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(b) A second annual CTE authorization may be issued for a noncertificated teacher who had a minimum of 1 formal observation leading to a comprehensive evaluation rating of effective or highly effective during the previous school year. (c) A third or subsequent annual CTE authorization may be issued for a noncertificated teacher who satisfies both of the following: (i) The noncertificated teacher had a minimum of 1 formal observation leading to a comprehensive evaluation rating of effective or highly effective during the previous school year. (ii) The noncertificated teacher satisfies 1 of the following: (A) During the previous school year, the noncertificated teacher was enrolled and earned credit in an approved CTE teacher preparation program leading to appropriate CTE certification. This option is available for an individual for no more than 8 consecutive school years unless, at the discretion of the superintendent of public instruction, additional time is granted. (B) The noncertificated teacher has recent and relevant experience as defined by the superintendent of public instruction. (5) Subject to subrule (7) of this rule, the superintendent of public instruction may refuse to grant or may rescind or revoke an annual CTE authorization for 1 of the following reasons: (a) Fraud, material misrepresentation, or concealment or omission of fact in the application for or the use of the annual CTE authorization. (b) Conviction of the individual for a crime described in section 1535a of 1976 PA 451, MCL 380.1535a. (c) Failure to meet the requirements of this rule. (6) The superintendent of public instruction may rescind an annual CTE authorization at the request of the school district or nonpublic school. (7) The superintendent of public instruction shall refuse to grant or shall revoke an annual CTE authorization if the individual for whom the authorization is requested was convicted of a listed offense. (8) A school district placing a noncertified, inappropriately certified, or unlicensed individual in an assignment without obtaining a permit or an authorization under these rules is subject to section 163 of 1979 PA 94, MCL 388.1763. R 390.1166 Credit from institutions not designated for preparation of CTE teachers. Rule 66. Candidates for CTE endorsement or authorization who present semester credit hours from a teacher preparation institution not approved by the state board for the preparation of CTE teachers may validate the semester credit hours by satisfying 1 of the following criteria: (a) Admission to a college or university approved for CTE teacher preparation. (b) Completion of 6 semester credit hours in an approved CTE teacher preparation program. (c) Meeting the requirements specified by the superintendent of public instruction. R 390.1167 State or federal license. Rule 67. An individual who will be assigned instructional responsibility in a field for which a state or federal license is required shall hold the appropriate license before a CTE certificate or CTE endorsement may be issued to, or before a CTE authorization may be issued for, the individual under these rules. R 390.1198 Rescinded. R 390.1199 Rescinded.

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PART 10. DENIAL, SUSPENSION, AND REVOCATION OF TEACHING CERTIFICATES AND STATE BOARD APPROVALS R 390.1201 Denial, suspension, or revocation of certificate or state board approval. Rule 101. (1) The superintendent of public instruction may refuse to grant, refuse to renew, suspend, revoke, or impose reasonable conditions on a teaching certificate or state board approval for the following reasons: (a) Fraud, material misrepresentation, or concealment or omission of fact in the application for or the use of a teaching certificate or state board approval. (b) Conviction of a crime described in section 1535a or 1539b of 1976 PA 451, MCL 380.1535a or 380.1539b. (2) The superintendent of public instruction may refuse to grant or renew a teaching certificate or state board approval for failure of the applicant to meet the requirements for the teaching certificate or state board approval. After notice and an opportunity to show compliance, the superintendent of public instruction may rescind, suspend, or revoke a teaching certificate or a state board approval for failure of the holder to meet the requirements for the teaching certificate or state board approval. R 390.1203 Investigation. Rule 103. The superintendent of public instruction shall designate an employee of the department to perform the investigatory and prosecutorial functions regarding contested cases pertaining to teacher certification or state board approval. Upon receipt of information that may serve as the basis for a refusal to grant, refusal to renew, suspension of, or revocation of a teaching certificate or state board approval, the designee of the superintendent of public instruction shall initiate an investigation of that information. R 390.1204 Notice of basis for action; notice of right to hearing; informal conference to show compliance; referral for hearing. Rule 104. Subject to summary suspension under section 1535a(2) or 1539b(2) of 1976 PA 451, MCL 380.1535a(2) or 380.1539b(2), all of the following apply to action taken under R 390.1201(1)(a) or (b): (a) Not more than 7 calendar days after receiving notice that the applicant for or the holder of a teaching certificate or state board approval has been convicted of a crime described in section 1535a or 1539b of 1976 PA 451, MCL 380.1535a or 380.1539b, the department shall request from the court a certified copy of the judgment of conviction and sentence or other document regarding disposition of the case. (b) Upon receipt of notice of a basis for action under R 390.1201(1)(a), or not later than 10 business days after receiving documentation of a conviction under subdivision (a) of this rule, the department shall notify the applicant or the holder of the certificate or state board approval in writing of all of the following: (i) Because of the conviction or because of the identified reason under R 390.1201(1)(a), the teaching certificate or state board approval may be denied, suspended, or revoked. (ii) The applicant or the holder of the teaching certificate or state board approval has the right to a hearing. (iii) If a hearing is not requested within 15 business days after receipt of notice of the right to a hearing, the teaching certificate or state board approval will be denied or suspended. (iv) If a hearing is requested within 15 business days after receipt of the notice, there will be an informal conference to show compliance. (c) The notice under subdivision (b) of this rule shall include a copy of applicable statutes and rules. (d) Not later than 15 business days after receipt of the notice under subdivision (b) of this rule, the applicant or the holder of a teaching certificate or state board approval shall request a hearing. If the

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applicant or the holder does not timely request a hearing, the superintendent of public instruction shall deny the initial or renewed teaching certificate or state board approval or shall suspend the teaching certificate or state board approval. (e) If the applicant or the holder of a teaching certificate or state board approval timely requests a hearing under subdivision (d) of this rule, the department shall immediately notify the applicant or the holder of the date and time of an informal conference to show compliance. Unless otherwise agreed, the informal conference to show compliance shall be a telephone conference with an authorized representative of the superintendent of public instruction. (f) After the informal conference to show compliance and consideration of the evidence presented, the superintendent's designee may recommend referral of the matter to the Michigan administrative hearing system for hearing or may recommend a finding of compliance or a written settlement of the matter. The superintendent of public instruction shall approve, modify, or deny a recommended finding of compliance or written settlement. (g) If there is no finding of compliance or written settlement of the matter following the informal conference to show compliance, the department shall refer the case to the Michigan administrative hearing system for hearing. R 390.1216 Action by superintendent of public instruction on proposal for decision. Rule 116. (1) The superintendent of public instruction may adopt, modify, or reverse a proposal for decision of the Michigan administrative hearing system or may remand a case to the Michigan administrative hearing system for further proceedings. (2) A party shall not directly or indirectly communicate with the superintendent of public instruction or individuals involved in the review of a proposal for decision regarding issues of fact or law except on notice and opportunity for all parties to participate, unless provided by law.

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CERTIFICATION AND LICENSURE OF SCHOOL COUNSELORS


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 1233 and section 1531 of 1976 PA 451, MCL 380.1233 and MCL 380.1531) R 390.1301, R 390.1302, R 390.1303, R 390.1303a, R 390.1304, R 390.1305, R 390.1306, R 390.1307, and R 390.1308 of the Michigan Administrative Code are amended and R 390.1309, R 390.1310, R 390.1311, R 390.1312, and R 390.1313 are added to the Code as follows: R 390.1301 Definitions. Rule 1. As used in these rules: (a) “Approved school counselor preparation program” means a state approved program in a college or university that has regional accreditation and that prepares school counselors in accordance with these rules. (b) “Department” means the Michigan department of education. (c) “Education-related professional learning hours” means an educational opportunity intended to improve a school counselor’s practice and capacity to perform the work within the profession of education and is categorized as 1 or more of the following: (i) Satisfactory college semester credit hours applicable to school counseling at a regionally accredited college or university, with 1 semester credit hour being equivalent to 25 education-related professional learning hours. (ii) State continuing education clock hours applicable to school counseling. (iii) Michigan annual district provided professional development hours applicable to school counseling. (d) “Elementary level” means grades prekindergarten to 8. (e) “Nonpublic school” means a private, denominational, or parochial school. (f) “Regionally accredited” means accredited by 1 of the regional accrediting agencies recognized and published by the council for higher education accreditation or its successor agency. (g) “Satisfactory college semester credit hours” means an average grade of C or better or the equivalent. (h) “School counselor” means an individual who has successfully completed an approved school counselor preparation program and performs a counseling role. (i) “School counselor credential” means 1 of the following: (i) School counselor endorsement on a valid Michigan teaching certificate. (ii) Preliminary employment authorization to work as a school counselor. (iii) Temporary school counselor authorization.

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(iv) School counselor license. (j) “School counselor educator” means an individual who is employed as a faculty member to teach in an approved school counselor preparation program. (k) “School counselor endorsement” means an endorsement that is issued under R 390.1303 or R 390.1303a and that is valid for the grade level of the holder’s existing teaching certificate. (l) “School district” means as defined in R 390.1101. (m) “Secondary level” means grades 6 to 12. (n) “Sponsoring institution” means an institution of higher education that is approved for teacher or counselor preparation by the state board and that makes recommendations for applicants under R 390.1101 to R 390.1216. (o) “State board” means the Michigan state board of education. (p) “State continuing education clock hours” means hours of professional development issued through a process established and approved by the superintendent of public instruction. (q) “Valid Michigan teaching certificate” means a Michigan teaching certificate as defined in R 390.1101 that is valid for the school year for which the holder seeks a school counselor endorsement. R 390.1302 School counselor; credentials and role. Rule 2. (1) An individual who is employed in the role of a school counselor by a school district or nonpublic school must meet all requirements in these rules for obtaining a school counselor credential. (2) The sponsoring institution shall recommend or approve an individual for a school counselor endorsement, preliminary employment authorization to work as a school counselor, or school counselor license at the appropriate level or levels, elementary and secondary, for which the individual qualifies. (3) “Role of a school counselor” means the following roles in which school counselors serve and which require a Michigan school counseling credential: (a) Provide individual and group counseling services to assist students. (b) Collaborate with staff in planning educational interventions, curriculum, behavioral management plans, and teaching strategies. (c) Consult and collaborate with students, families, school personnel, and appropriate professionals and agency personnel regarding behavioral and educational concerns. (d) Provide guidance to students utilizing technology, career development theory, educational information, and occupational information. (e) Assess students by using assessment, statistics and research methodology, follow-up evaluations, and measurement methods. (f) Assess school counseling programs using assessment, statistics and research methodology, follow-up evaluations, and measurement methods. (g) Design, implement, and evaluate guidance and counseling programs focusing on the career, academic, personal, social, emotional, and developmental needs of all students using, but not limited to, the following functions: (i) Advising. (ii) Placement. (iii) Planning. (iv) Assessment. (v) Counseling. (vi) Coordinating. (vii) Instructing. (viii) Referring. (ix) Programming.

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R 390.1303 School counselor endorsement; applicant trained in Michigan approved school counselor preparation program. Rule 3. An applicant for a school counselor endorsement who was trained in a Michigan approved school counselor preparation program must meet all of the following requirements: (a) Hold a valid Michigan teaching certificate. (b) Complete an approved school counselor preparation program that includes both of the following: (i) Not less than 30 semester credit hours in school counseling, including an internship, at the undergraduate or graduate level. (ii) Not less than a 600-clock-hour internship with students under the supervision of a credentialed school counselor or a school counselor educator in an approved school counselor preparation program. At least 300 of the 600 clock hours must be in a school setting. (c) Successfully complete the department's school counselor examination. (d) Be recommended or approved by an approved school counselor preparation program to provide services as a school counselor. Both of the following apply to the recommendation or approval: (i) The recommendation or approval shall be made in a manner designated by the department. (ii) The recommendation or approval shall be made when an applicant has completed the other requirements set forth in this rule. R 390.1303a School counselor endorsement; applicant trained in out-of-state school counselor preparation program. Rule 3a. (1) An applicant for a school counselor endorsement who was trained in an out-of-state school counselor preparation program approved by the appropriate out-of-state agency shall meet all of the following requirements: (a) Hold a valid out-of-state teaching certificate with a school counselor endorsement. (b) Complete a school counselor preparation program approved by the appropriate out-of-state agency that includes both of the following: (i) Not less than 30 semester credit hours in school counseling, including an internship, at the undergraduate or graduate level. (ii) Not less than a 600-clock-hour internship with students under the supervision of a credentialed school counselor or a school counselor educator in a school counselor preparation program that is approved by the appropriate out-of-state agency. At least 300 of the 600 clock hours must be in a school setting. (c) Successfully complete the department's school counselor examination. This subdivision does not apply to an individual who satisfies the requirements set forth in section 1531(6) of 1976 PA 451, MCL 380.1531(6). (2) An applicant for a school counselor endorsement under this rule shall apply directly to the department. R 390.1304 Preliminary employment authorization to work as a school counselor. Rule 4. (1) An applicant for a school counselor endorsement or school counselor license who is being trained in a Michigan approved school counselor preparation program may be recommended for a preliminary employment authorization to work as a school counselor upon completion of both of the following: (a) A minimum of 30 semester credit hours in school counseling in an approved school counselor preparation program. (b) Successful completion of the department’s school counselor examination. (2) A preliminary employment authorization to work as a school counselor is valid for 3 years and is nonrenewable.

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(3) A sponsoring institution shall recommend or approve an applicant for a preliminary employment authorization in a manner designated by the department. The recommendation or approval shall identify appropriate grade levels, including elementary, secondary, or prekindergarten to grade 12, for which the applicant qualifies. R 390.1305 School counselor license; applicant trained in Michigan approved school counselor preparation program. Rule 5. (1) An applicant for a school counselor license who was trained in a Michigan approved school counselor preparation program shall meet all of the following requirements: (a) Completion of the requirements set forth in section 1233(2)(b)(i) of 1976 PA 451, MCL 380.1233(2)(b)(i). (b) Successful completion of the department's school counselor examination. (c) Recommendation or approval by an approved school counselor preparation program to provide services as a school counselor. The recommendation or approval for the issuance of a school counselor license shall be made in a manner designated by the department. (d) Completion of not less than 30 graduate level semester credit hours in school counseling, including an internship. Correspondence credit shall not be used to satisfy this requirement. Online and distance learning credit may be used to satisfy this requirement if it is earned at a sponsoring institution with an approved school counselor preparation program. (e) Completion of not less than a 600-clock-hour internship with students under the supervision of a school counselor educator in an approved school counselor preparation program. At least 300 of the 600 clock hours must be in a school setting. (2) A school counselor license expires 5 years from June 30 of the calendar year the certificate is issued. (3) A school counselor license shall be renewed for 5 years upon application in the manner designated by the department and completion, since the issuance of the most recent school counselor license or renewal, of any combination of education-related professional learning hours, as defined in R 390.1301, totaling 150 hours. (4) Correspondence credit does not meet the requirements for renewal of a school counselor license. (5) Online and distance learning semester credit hours shall meet the requirements for renewal of a school counselor license if earned at a sponsoring institution with an approved school counselor preparation program or a regionally accredited college or university. (6) An individual who holds an expired Michigan school counselor license and a valid out-of-state school counselor license and who has been employed within the validity of either license for at least 1 year in the immediately preceding 5-year period is eligible for one 5-year renewal of the Michigan school counselor license. The requirements of subrule (3) of this rule do not apply to a 1-time renewal under this subrule. R 390.1306 School counselor license; applicant trained in out-of-state school counselor preparation program. Rule 6. (1) An applicant for a school counselor license who was trained in an out-of-state school counselor preparation program approved by the appropriate out-of-state agency shall meet all of the following requirements: (a) Apply directly to the department. (b) Successfully complete the department's school counselor examination. (c) Meet at least 1 of the following: (i) Hold a master's degree or higher from a regionally accredited institution in a school counselor preparation program that is approved by the appropriate out-of-state agency and that includes the skills and content areas described in section 1233(2)(b)(i) of 1976 PA 451, MCL 380.1233(2)(b)(i).

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(ii) Satisfy all of the following: (A) Complete at least 5 years of successful experience serving in a school counseling role in another state, while licensed as a school counselor in that state, within the immediately preceding 7-year period. (B) Hold a bachelor of science or a bachelor of arts degree from a regionally accredited institution in a school counselor preparation program approved by the appropriate out-of-state agency. (C) Provide written documentation of the out-of-state credential and the approval document required by that state to serve in the school counseling role. (2) A school counselor license issued under this rule expires 5 years from June 30 of the calendar year the certificate is issued. (3) Renewal of a school counselor license issued under this rule is subject to the requirements set forth in R 390.1305(3) to (5). R 390.1307 Temporary school counselor authorization; applicant trained in out-of-state school counselor preparation program. Rule 7. An applicant for a school counselor license who was trained in an out-of-state school counselor preparation program approved by the appropriate out-of-state agency and who satisfies all requirements except successful completion of the department’s school counselor examination may be issued a 1-year nonrenewable temporary school counselor authorization. The authorization allows the individual to be employed as a school counselor in this state during the validity period of the authorization. R 390.1308 School counselor credential restrictions and expiration dates. Rule 8. (1) School counselor credentials issued under these rules have certain restrictions as to the nature of teaching or serving as a school counselor for which the holders may be employed. Applicants and employers shall be familiar with the specific provisions regarding the validity of school counselor credentials. (2) A certificate or license issued under these rules expires 5 years from June 30 of the calendar year it is issued. (3) A preliminary employment authorization to work as a school counselor expires 3 years from the date of issuance. (4) A temporary school counselor authorization expires 1 year from the date of issuance. R 390.1309 Initial program approval. Rule 9. (1) The state board shall approve standards for reviewing school counselor preparation programs. (2) The superintendent of public instruction shall approve school counselor preparation programs in accordance with the state board approved standards. (3) Continued approval of a school counselor preparation program by the superintendent of public instruction requires national accreditation of the preparation program provider by an accrediting body that is recognized by the United States Department of Education or a recommendation for approval to the superintendent of public instruction from a state review process. R 390.1310 Denial, suspension, or revocation of school counselor credential. Rule 10. (1) The superintendent of public instruction may refuse to grant, refuse to renew, suspend, revoke, or impose reasonable conditions on a school counselor credential for the following reasons: (a) Fraud, material misrepresentation, or concealment or omission of fact in the application for or the use of a school counselor credential. (b) Conviction of a crime described in section 1539b of 1976 PA 451, MCL 380.1539b.

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(2) The superintendent of public instruction may refuse to grant or refuse to renew a school counselor credential for failure of the applicant to meet the requirements for the school counselor credential. After notice and an opportunity to show compliance, the superintendent of public instruction may rescind, suspend, or revoke a school counselor credential for failure of the holder to meet the requirements for the credential. R 390.1311 Investigation. Rule 11. The superintendent of public instruction shall designate an employee of the department to perform the investigatory and prosecutorial functions regarding cases pertaining to school counselor credentials. Upon receipt of information that may serve as the basis for a refusal to grant, refusal to renew, suspension of, or revocation of a school counselor credential, the designee of the superintendent of public instruction shall initiate an investigation of that information. R 390.1312 Notice of basis for action; notice of right to hearing; informal conference to show compliance; referral for hearing. Rule 12. Subject to summary suspension under section 1539b(2) of 1976 PA 451, MCL 380.1539b(2), all of the following apply to action taken under R 390.1310(1)(a) or (b): (a) Not more than 7 calendar days after receiving notice that the applicant for or the holder of a school counselor credential has been convicted of a crime described in section 1539b of 1976 PA 451, MCL 380.1539b, the department shall request from the court a certified copy of the judgment of conviction and sentence or other document regarding disposition of the case. (b) Upon receipt of notice of a basis for action under R 390.1310(1)(a), or not later than 10 business days after receiving documentation of a conviction under subdivision (a) of this rule, the department shall notify the applicant or the holder of the school counselor credential in writing of all of the following: (i) Because of the conviction or because of the identified reason under R 390.1310(1)(a), the school counselor credential may be denied, suspended, or revoked. (ii) The applicant or the holder of the school counselor credential has the right to a hearing. (iii) If a hearing is not requested within 15 business days after receipt of notice of the right to a hearing, the school counselor credential will be denied or suspended. (iv) If a hearing is requested within 15 business days after receipt of the notice, there will be an informal conference to show compliance. (c)The notice under subdivision (b) of this rule must include a copy of applicable statutes and rules. (d) Not later than 15 business days after receipt of the notice under subdivision (b) of this rule, the applicant or the holder of a school counselor credential shall request a hearing. If the applicant or the holder does not timely request a hearing, the superintendent of public instruction shall deny the initial or renewed school counselor credential or shall suspend the school counselor credential. (e) If the applicant or the holder of a school counselor credential timely requests a hearing under subdivision (d) of this rule, the department shall immediately notify the applicant or the holder of the date and time of an informal conference to show compliance. Unless otherwise agreed, the informal conference to show compliance shall be a telephone conference with an authorized representative of the superintendent of public instruction. (f) After the informal conference to show compliance and consideration of the evidence presented, the superintendent's designee may recommend referral of the matter to the Michigan administrative hearing system for hearing or may recommend a finding of compliance or a written settlement of the matter. The superintendent of public instruction shall approve, modify, or deny a recommended finding of compliance or written settlement.

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(g) If there is no finding of compliance or written settlement of the matter following the informal conference to show compliance, the department shall refer the case to the Michigan administrative hearing system for hearing. R 390.1313 Action by superintendent of public instruction on proposal for decision. Rule 13. (1) The superintendent of public instruction may adopt, modify, or reverse a proposal for decision of the Michigan administrative hearing system or may remand a case to the Michigan administrative hearing system for further proceedings. (2) A party shall not directly or indirectly communicate with the superintendent of public instruction or individuals involved in the review of a proposal for decision regarding issues of fact or law except on notice and opportunity for all parties to participate, unless provided by law.

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DEPARTMENT OF NATURAL RESOURCES

MACKINAC ISLAND STATE PARK COMMISSION

GENERAL RULES


These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, 45a(6), or 48 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 Mackinac Island state park commission by sections 76504, 76901, and 77702 of 1994 PA 451, MCL 324.76504, 324.76901, and 324.77702)

R 318.111, R 318.145c, and R 318.146 of the Michigan Administrative Code are amended as follows: R 318.111 Definitions. Rule 1. As used in these rules: (a) "Carrying passengers for hire" means the acts of any person transporting passengers to any point or points on the road or roads for a specified monetary consideration or acts of accepting gratuities for transporting passengers to any point or points on the road or roads. (b) "Commercial operations" means any activity that involves, directly or indirectly, the buying or selling of goods or services, or the exchange or attempt or offer to exchange goods or services for money, barter, by accepting gratuities, or for anything of value. (c) "Commission" means the Mackinac Island state park commission. (d) "Director" means the director of the Mackinac Island state park commission. (e) "Drays" means any horse-drawn vehicle used for the transportation of property, goods, or merchandise, either belonging to the owner of the dray or to others, with or without charge, whether the charge is a single fee or is established by contract. (f) "Drive yourself carriage" means any horse-drawn vehicle for hire that is rented to another person or persons without the services of a driver being employed, engaged, provided, or suggested by the owner or operator of the carriage. (g) “Unmanned aircraft” means an aircraft remotely operated without the possibility of direct human intervention from within or on the aircraft, whether used for recreational, commercial, academic, or governmental purposes. (h) "Fort Mackinac bus" means any horse-drawn vehicle used for the transportation of passengers only from the downtown area directly to Fort Mackinac and return. (i) "Hotel bus" means a horse-drawn vehicle which is licensed to a specific hotel, which operates over the roads of the Mackinac Island state park, and which does all of the following: (i) Carries hotel passengers or their guests for a charge as approved by the Mackinac Island state park commission. (ii) Operates on a fixed route or routes as designated by the Mackinac Island state park commission.

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(iii) Makes infrequent deviations from the designated route or routes for the convenience of hotel guests or their party. (j) "Livery carriage" means any horse-drawn vehicle for hire transporting passengers for scenic drives charging on a time basis; that is, by the hour or fractions or multiples thereof, and not at a fixed price per passenger. (k) "Motor vehicle" means any device that is self-propelled, or partially self-propelled, by which a person or property may be transported or drawn. Motor vehicle does not include personal assistive mobility devices. (l) "Person" means an individual, partnership, corporation, association, governmental entity, or other legal entity. (m) “Rental bicycle” means a bicycle or tricycle furnished to a visitor or a resident to use in Mackinac Island state park for a rental fee, whether that fee is separately identified or included in other charges, such as room rentals, either explicitly or implicitly. (n) "Road" means any thoroughfare, roadway, riding trail, or driving trail that is situated on lands that are under the jurisdiction of the commission. (o) "Saddle horse" means a riding horse furnished to a visitor or resident, for a period of time less than 1 week, for use in Mackinac Island State Park at a rental fee, whether that fee is separately identified or included in other charges, such as room rentals, either explicitly or implicitly. (p) "Sight-seeing carriage" means any horse-drawn vehicle that carries passengers for hire over prescribed routes established by the commission. (q) "Snowmobile" means a motor-driven vehicle designed for travel primarily on snow or ice of a type that utilizes sled-type runners or skis, or an endless belt tread, or any combination of these or other similar means of contact with the surface upon which it is operated. Snowmobile is not a vehicle that must be registered under 1949 PA 300, MCL 257.1 to 257.923. (r) “Sky lantern” means an unmanned hot air balloon made of paper or other lightweight material that is launched into the atmosphere and has a flame inside the balloon. (s) "State license identification plate" means a metallic plate issued by the commission that bears the license type, the year for which the plate is valid, a unique number, and any other information as determined by the commission. (t) "Taxicab" means any horse-drawn vehicle carrying passengers for hire from one point on the island to another. (u) “Personal Assistive Mobility Device” (PAMD) means any battery powered mobility device that is used by a person with a mobility impairment for ambulation. Personal assistive mobility device does not include gasoline powered devices, golf carts, riding lawn mowers, motorized bicycles, motorcycles, motorized skateboards, or other similar motorized vehicles. (v) “Marquette Park” is that portion of Mackinac Island state park bounded on the south by Main Street, on the west by Fort Street, on the east by the leasehold commonly known as Anne’s Cottage, and on the north by the bluff below Fort Mackinac. (w) “Waterborne Candle Lantern” means an unmanned container that floats on water and contains a flame. R 318.145c Rental bicycle licenses. Rule 45c. (1) The commission, upon receipt of completed application, may issue annual licenses for a number of rental bicycles for use in Mackinac Island state park as the commission determines are needed in the interest of public safety and proper service to the public. (2) Licenses are nontransferable and must be surrendered to the issuing authority upon demand if any transfer is attempted or if ownership of the licensed business or its location is changed or altered in any way.

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(3) The commission shall establish the license fees, terms, and conditions under which rental bicycles may be supplied for use in the state park. Licenses are subject to revocation if their terms or conditions are violated. R 318.146 Miscellaneous unlawful acts. Rule 46. On lands under the jurisdiction of the commission, it is unlawful for a person or persons to do any of the following: (a) Use the lands for commercial operations without proper permission. In considering whether to grant permission, the commission shall consider all of the following factors: (i) Interference with the safety, health, and welfare of the public. (ii) Need for the service. (iii) Whether the service is a duplication of available services. (b) Use a loudspeaker or public address system without proper permission. The commission shall not grant permission if the system is capable of interfering with horse-drawn traffic by having the effect of frightening horses, thereby endangering the safety of passengers in the vehicles, pedestrians, bicycle riders, and others. (c) Store or leave a boat, fish shanty, camping equipment, or other property without proper permission. (d) Enter those buildings or areas to which an admission fee is established without payment of the fee, or without permission given by the commission, a commissioner, the director, or deputy director under order of the commission. Permission normally is to be given only to persons on business with the commission, any member of the commission, or any duly authorized staff member. (e) For any lessee, licensee, or concessionaire to use, construct, or occupy any building within the park which is not furnished with an approved dry chemical fire extinguisher. (f) For any lessee, licensee, or concessionaire to exercise his or her privileges within the park without procuring and keeping in effect such public liability and property damage insurance as the commission may deem adequate. (g) For any person to furnish a saddle horse to another person for use in the Mackinac Island state park, unless a current license has been issued by the commission for the use of the saddle horse in the Mackinac Island state park. (h) Engage in any violent, abusive, loud, boisterous, wanton, obscene, or otherwise disorderly conduct creating a breach of the peace; loiter, sit, or lie upon walks, passages, steps, or porches thereby obstructing the free passage of others; or remove, damage, or steal the property of another. (i) Hold or participate in any type of road race or speed contest without proper permission. (j) Conduct excavations, diggings, or surveys without proper permission. (k) Carry or possess a metal detector without proper permission. (l) Remove any archeological materials or artifacts without proper permission. (m) Possess or consume alcoholic beverages in Marquette Park between the hours of 10:00 p.m. and 8:00 a.m. (n) Launch or use a sky lantern or waterborne candle lantern. (o) Use or operate an unmanned aircraft without proper written permission. (p) Do any of the following without proper permission: (i) Carry or possess a firearm unless unloaded in both barrel and magazine. Persons with valid Michigan Concealed Pistol licenses are not subject to this rule. (ii) Shoot an air rifle, air pistol, paintball-emitting device of any kind, or slingshot. (iii) Shoot a bow and arrow or crossbow.

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DEPARTMENT OF STATE POLICE

FORENSIC SCIENCE DIVISION

ALCOHOL AND DRUG TESTING OF BIOLOGICAL AND NONBIOLOGICAL SPECIMENS


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 department of state police by section 190 of 1945 PA 327, MCL 259.190, section 625a of 1949 PA 300, MCL 257.625a) R 325.2671 and R 325.2673 of the Michigan Administrative Code are amended as follows: R 325.2671 "Control sample" defined. Rule 1. "Control sample" means a sample of known concentration, and/or identity, that is used to evaluate the performance of a given analytical method. R 325.2673 Acceptable analytical methods. Rule 3. The following are acceptable analytical methods for determining the presence or concentration, or both, of alcohol and other drugs in blood, urine, or other various matrices or media. (a) Liquid chromatography/mass spectrometry method using a High Performance Liquid Chromatograph/Ultra High Performance Liquid Chromatograph (HPLC/UHPLC) and mass analyzer system including, but not limited to, a quadrupole mass spectrometer, ion trap, time of flight mass spectrometer, magnetic or electromagnetic analyzer, or any hybrid combination thereof, demonstrating satisfactory accuracy, precision, sensitivity, and a suitable column for the identification or quantitation, or both, of drugs or compounds other than ethanol. (b) Gas chromatograph method using a gas chromatograph that has satisfactory accuracy, precision, sensitivity, and a suitable column for direct injection or head-space gas chromatography for ethyl alcohol and other volatiles. (c) Gas chromatography/mass spectrometry method using a gas chromatograph and mass spectrometer that have satisfactory accuracy, precision, sensitivity, and a suitable column for direct injection or head-space gas chromatography for identification or quantitation, or both, of drugs or compounds other than ethanol. (d) Spectrophotometric methods as follows: (i) Williams, Louis A. Manual of Analytical Toxicology, I. Sunshine ed., CRC Press, Cleveland, OH, 1971, pp. 309-312. (ii) Freireich A. et al. Methodology for Analytical Toxicology, I. Sunshine ed., CRC Press, Cleveland, OH, 1975, pp. 67-69. (e) Enzymatic and immunological methods as follows: (i) "Stiles, et al.," Am J Clin Path., 46:608, 1966.

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(ii) "Bonnichsen and Lundgren," J Acta Pharmacol Toxicol., 13:256, 1957. (f) Analyzers as follows: (i) Abbott Diagnostics AxSym Autoanalyzer and reagent systems. (ii) Randox Evidence Biochip Array Analyzer and reagent systems. (g) Analyzers or kits employing indicator-labeled immunoassays in which an indicator is attached to an antigen or antibody to demonstrate that antigen-antibody binding has occurred, thereby allowing measurement of a drug or other compound in a sample. These include the following: (i) Enzyme immunoassay (EIA), in which an enzyme is used to label an antibody or antigen. (ii) Enzyme-linked immunosorbent assay (ELISA), in which an enzyme-labeled antibody or antigen competes in binding with an unknown substance. (iii) Enzyme-multiplied immunoassay technique (EMIT), which is a form of EIA used frequently for assays of drugs and hormones, as well as for viral antigens. (iv) Fluorescence immunoassay (FIA), in which a fluorescent label is used in a competitive-binding assay. (v) Fluorescence polarization immunoassay (FPIA), which employs fluorescent indicators that produce or detect the polarization of light. (vi) Radioimmunoassay (RIA), which employs a radiolabeled antigen or antibody. (vii) Chemiluminescence, in which analyte binding to an antibody is coupled to the chemical production or reduction of light output. (viii) Any assay that uses a combination of the techniques in paragraphs (i) to (vii) of this subdivision.

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DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR’S OFFICE

PODIATRIC MEDICINE AND SURGERY – 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 16145, 16148, and 18001 of 1978 PA 368, MCL 333.16145, MCL 333.16148, and 333.18001and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, and 2011-4, MCL 330.3101, 445.2001, 445.2011, and 445.2030) R 338.8103, R 338.8109, R 338.8110, R 338.8111, R 338.8113, R 338.8126, R 338.8127, and R 338.8128 of the Michigan Administrative Code are amended, and R 338.8108, R 338.8114, R 338.8129, and R 338.8130 of the Code are rescinded, as follows: PART 1. GENERAL PROVISIONS R 338.8103 Licensure by examination; requirements. Rule 103. An applicant for licensure by examination 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 pursuant to the code, an applicant shall satisfy all of the following requirements: (a) Have graduated from a school of podiatric medicine approved by the board. (b) Have achieved a score of pass on parts I, II, and III of the examination developed and scored by the National Board of Podiatric Medical Examiners (NBPME). (c) Have achieved a converted score of not less than 75 on the podiatric jurisprudence examination administered by the department or an entity approved by the department. (i) The jurisprudence examination shall assess an applicant’s knowledge of the laws and administrative rules governing the practice of podiatric medicine and surgery in this state. (ii) An applicant who fails to achieve a passing score on the jurisprudence examination may repeat the examination without limitation. (d) Have satisfactorily completed either of the following: (i) One year of a postgraduate residency program approved by the board. Certification of completion of postgraduate education shall be accepted by the board not more than 30 days before completion of the training. (ii) Until 2 years after the date of this amendatory rule, 1 year of a preceptorship program approved by the board. Certification of completion of postgraduate education shall be accepted by the board not more than 30 days before completion of the training.

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R 338.8108 Rescinded. R 338.8109 Educational limited licenses. Rule 109. (1) An educational limited license authorizes the holder of the license to engage in the practice of podiatric medicine and surgery as part of a postgraduate education program. (2) An applicant for an educational limited license 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 pursuant to the code, an applicant shall satisfy all of the following requirements: (a) Have graduated from a school of podiatric medicine approved by the board. (b) Pass parts I and II of the examination developed and scored by the National Board of Podiatric Medical Examiners. (c) Either of the following: (i) Have been appointed to a residency program that is approved by the board. (ii) Until 2 years after the date of this amendatory rule, have been appointed to a 1-year preceptorship program that is approved by the board. R 338.8110 Requirements for relicensure; license lapsed for less than 3 years; continuing education. Rule 110. (1) An applicant whose license has been lapsed within 3 years preceding the date of application for relicensure may be relicensed under section 16201(3), MCL 333.16201(3), of the code, if the applicant satisfies the following requirements: (a) Submits a completed application on a form provided by the department, together with the requisite fee. (b) Establishes that he or she is of good moral character. (c) Submits proof to the department of having completed within the 3-year period immediately preceding the date of application, 150 hours of continuing podiatric medical education credit that complies with R 338.8127. (d) Takes and achieves a converted score of not less than 75 on the podiatric jurisprudence examination administered by the department or an entity approved by the department. (2) In addition to meeting the requirements of subrule (1) of this rule, an applicant’s license shall be verified, on a form provided by the department, by the licensing agency of any state of the United States in which the applicant holds a current license or ever held a license as a podiatrist. This includes, but is not limited to, showing proof of any disciplinary action taken or pending disciplinary action imposed on the applicant. R 338.8111 Requirements for relicensure; license lapsed for 3 years or more; continuing education; examination. Rule 111. (1) An applicant whose license has been lapsed for 3 or more years preceding the date of application for relicensure and who holds a current license as a podiatrist in another state of the United States, under the provisions of section 16201(4), MCL 333.16201(4) of the code, may be relicensed by complying with all of the following requirements: (a) Submits a completed application on a form provided by the department, together with the requisite fee. (b) Establishes that he or she is of good moral character.

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(c) Submits fingerprints as set forth in section 16174(3) of the code, MCL 333.16174(3). (d) Submits proof of having completed within the 3-year period immediately preceding the date of application 150 hours of continuing podiatric medical education credit that complies with R 338.8127. (e) Takes and achieves a converted score of not less than 75 on the podiatric jurisprudence examination administered by the department or an entity approved by the department. (2) An applicant for relicensure whose license has been lapsed for 3 or more years preceding the date of application and who does not hold a current license as a podiatrist in any state of the United States, under the provisions of section 16201(4), MCL 333.16201(4) of the code may be relicensed by complying with all of the following requirements: (a) Submits a completed application on a form provided by the department, together with the requisite fee. (b) Establishes that he or she is of good moral character. (c) Submits fingerprints as set forth in section 161743(3) of the code, MCL 333.16174(3). (d) Takes and achieves a score of pass on part III of the examination developed and scored by the National Board of Podiatric Medical Examiners. (e) Takes and achieves a converted score of not less than 75 on the podiatric jurisprudence examination administered by the department or an entity approved by the department. (3) In addition to meeting the requirements of either subrule (1) or (2) of this rule, an applicant’s license shall be verified, on a form provided by the department, by the licensing agency of any state of the United States in which the applicant has ever held a license as a podiatrist. This includes, but is not limited to, showing proof of any disciplinary action taken or pending disciplinary action imposed on the applicant. R 338.8113 Accreditation standards for approval of schools of podiatric medicine and residency programs; institutions of higher education; adoption of standards by reference. Rule 113. (1) The board approves and adopts by reference the standards for accrediting colleges of podiatric medicine developed and adopted by the Council on Podiatric Medical Education (CPME) of the American Podiatric Medical Association and entitled “Standards and Requirements for Accrediting Colleges of Podiatric Medicine,” CPME 120, October 2014. A copy of the standards and requirements is available at no cost from the council’s website at www.cpme.org. A copy of the standards and requirements also is available for inspection and distribution at cost from the Board of Podiatric Medicine and Surgery, Michigan Department of Licensing and Regulatory Affairs, 611 West Ottawa, Lansing, MI 48909. The board considers any school of podiatric medicine accredited by the Council on Podiatric Medical Education of the American Podiatric Medical Association as a school of podiatric medicine approved by the board. (2) The board approves and adopts by reference the standards for approval of residency programs developed and adopted by the Council on Podiatric Medical Education (CPME) of the American Podiatric Medical Association entitled “Standards and Requirements for Approval of Podiatric Medicine and Surgery Residencies,” CPME 320, July 2015. A copy of the standards and requirements is available at no cost from the council’s website at www.cpme.org. A copy of the standards and requirements also is available for inspection and distribution at cost from the Board of Podiatric Medicine and Surgery, Michigan Department of Licensing and Regulatory Affairs, 611 West Ottawa, Lansing, MI 48909. The board considers any residency program approved by the Council on Podiatric Medical Education of the American Podiatric Medical Association as a school of podiatric medicine approved by the board. (3) 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

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reference the 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, C.F.R. 34 §§ 602.10 to 602.38. Copies of the standards and criteria of the Council for Higher Education Accreditation and the United States Department of Education are available for inspection and distribution at cost from the Board of Podiatric Medicine and Surgery, Bureau of Professional Licensing, Department of Licensing and Regulatory Affairs, 611 West Ottawa, P.O. Box 30670, Lansing, MI 48909. The CHEA recognition standards also may be obtained at no cost from the council’s website at http://www.chea.org. The federal recognition criteria also may be obtained at no cost from the department’s website at http://www.ed.gov/about/offices/list/OPE/index.html. R 338.8114 Rescinded. PART 2. CONTINUING EDUCATION R 338.8126 License renewal; requirements; applicability. Rule 126. (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 during the 3 years immediately preceding an application for renewal not less than 150 hours of continuing podiatric medical education in activities approved by the board under R 338.8128. (2) Submission of an application for renewal constitutes the applicant’s certification of compliance with the requirements of this rule. The board may require a licensee to submit evidence to demonstrate compliance with this rule. A licensee shall retain documentation of meeting the requirements of this rule for a period of 4 years from the date of applying for license renewal. Failure to comply with this rule is a violation of section 16221(h), MCL 333.16221(h), of the code. (3) A request for a waiver under section 16205 of the code, MCL 333.16205, must be received by the department prior to the expiration date of the license. (4) The requirements of this rule do not apply to a licensee during his or her initial licensure cycle. R 338.8127 Acceptable continuing education; requirements; limitations. Rule 127. (1) The 150 hours of continuing education required pursuant to R 338.8126(1) for the renewal of a license shall comply with the following, as applicable: (a) Not more than 12 credit hours shall be earned during one 24-hour period. (b) A licensee may 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 renewal period. (c) An applicant for license renewal shall complete at least 5 continuing podiatric medical education hours in pain and symptom management in each renewal period pursuant to section 16204(2), MCL 333.16204(2), of the code. Courses in pain and symptom management may include, but are not limited to, courses in behavior management, pharmacology, behavior modification, stress management, clinical applications, and drug interventions as they relate to professional practice. (2) Pursuant to 2005 PA 70, MCL 338.3703, at least ½ of the 150 hours of continuing podiatric medical education credit in board-approved courses or programs that are required for the renewal of a

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license may be earned through online or electronic media, such as videotapes, internet web-based seminars, video conferences, online continuing education programs, and online journal articles. (3) The board will consider the following as acceptable continuing education:

Activity Code

Acceptable Continuing Education Activities and Proof of Completion

Number of Continuing Education Hours Granted/Permitted for Each Activity

A Attendance at or participation in a continuing education program or activity related to the practice of podiatry, or any non-clinical subject relevant to podiatry practice, education, administration, management, or science, which includes, but is not limited to, live and in-person programs; interactive or monitored teleconference or audio-conference programs; online programs; and, journal articles or other self-study programs offered by a sponsor accredited or approved by the Council on Podiatric Medical Education (CPME). 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 on which the program was held or activity completed.

The number of continuing education hours for a specific program or activity is the number of hours approved by the sponsor or the approving organization. A minimum of 75 hours must be earned in each renewal period, unless all 150 hours are earned in Category N.

B Attendance at or participation in a continuing education program or activity related to the practice of podiatry, or any non-clinical subject relevant to podiatry practice, education, administration, management, or science, which includes, but is not limited to, live and in-person programs; interactive or monitored teleconference or audio-conference programs; online programs; and, journal articles or other self-study programs approved by

The number of continuing education hours for a specific program or activity is the number of hours approved by the sponsor or the approving organization. If the activity was not approved for a set number of hours, then 1 credit hour for each 50-60 minutes of participation may be earned. A maximum of 75 hours may be earned for this category in each

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either of the following: The Michigan Board of Podiatric Medicine and Surgery, pursuant to R 338.8128. Another state or provincial board of podiatric medicine and surgery. 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 on which the program was held or activity completed.

renewal period.

C Attendance at or participation in a continuing education program or activity related to the practice of podiatry, or any non-clinical subject relevant to podiatry practice, education, administration, management, or science, which includes, but is not limited to, live and in-person programs; interactive or monitored teleconference or audio-conference programs; online programs; and, journal articles or other self-study programs accredited, approved, or offered by either of the following: The Accreditation council for Continuing Medical Education. The American Medical Association. The American Osteopathic Association. 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 on which the program was held or

The number of continuing education hours for a specific program or activity is the number of hours approved by the sponsor or the approving organization. A maximum of 40 hours may be earned in this category in each renewal period.

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activity completed.

D Obtaining specialty board certification from 1 of the following: American Board of Podiatric Medicine (ABPM). American Board of Foot and Ankle Surgery. American Board of Multiple Specialties in Podiatry. American Board of Lower Extremity Surgery. American Board of Wound Management. If audited, a licensee shall submit proof of certification or recertification.

Fifty hours of continuing education may be earned in the year the applicant is advised of passing the certification examination.

E Obtaining specialty board recertification by 1 of the following: American Board of Podiatric Medicine (ABPM). American Board of Foot and Ankle Surgery. American Board of Multiple Specialties in Podiatry. American Board of Lower Extremity Surgery. American Board of Wound Management. If audited, a licensee shall submit proof of recertification.

Thirty hours of continuing education may be earned in the year the applicant is advised of passing the recertification examination.

F Serving as an instructor of podiatric medical students, house staff, other physicians, or allied health professionals in a hospital or institution which offers a postgraduate training program that is approved by the board pursuant to R 338.8113, if the hospital or institution has approved the instruction. If audited, a licensee shall submit a letter from the program director verifying the licensee’s role.

Two hours of continuing education is granted for each 50 to 60 minutes spent as an instructor. A maximum of 50 hours of continuing education may be earned in this category each renewal period.

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G Serving as an instructor of podiatric students at an accredited podiatric medical institution under a rotating externship program recognized and approved by the medical institution in accordance with R 338.8113. If audited, a licensee shall submit a letter from the sponsoring podiatric institution verifying the licensee’s role.

Two hours of continuing education is granted for each 50 to 60 minutes spent as an instructor. A maximum of 50 hours may be earned in this category in each renewal period.

H Initial publication of an article related to the practice of podiatric medicine and surgery in a peer-reviewed journal. If audited, a licensee shall submit a copy of the publication that identifies the licensee as the author or a publication acceptance letter.

Twenty-five hours of continuing education is granted per publication. A maximum of 75 hours may be earned in this category in each renewal period.

I Initial publication of a chapter related to the practice of podiatric medicine and surgery in either of the following: A professional or health care textbook. A peer-reviewed textbook. If audited, a licensee shall submit a copy of the publication that identifies the licensee as the author or a publication acceptance letter.

Fifty hours of continuing education is granted per publication. A maximum of 50 hours may be earned in this category in each renewal period.

J Initial presentation of a scientific exhibit, a formal original scientific paper, or both, at a professional meeting. If audited, a licensee shall submit a copy of the document presented with evidence of presentation and a log indicating time spent in preparation or a letter from the program sponsor verifying the length and date of the presentation and a log indicating time spent in preparation.

Two hours of continuing education is granted for each 50 to 60 minutes of presentation and preparation. A maximum of 30 hours may be earned in this category each renewal period.

K Independent study is the independent reading of peer-reviewed professional journals or medical textbooks.

One hour of continuing education is granted for each 50 to 60 minutes of participation.

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If audited, a licensee shall submit an affidavit attesting to the number of hours the licensee spent participating in these activities.

A maximum of 30 hours may be earned in this category in each renewal period.

L Completion of a multi-media program that requires a licensee to complete a self-assessment component, including, but not limited to, videotapes, internet web-based seminars, video conferences, on-line continuing education programs, and journal articles. This does not include multi-media programs that satisfy the requirements of activity codes a, b, or c. A self-assessment component shall include, but not be limited to, a post-test or other evaluation instrument that assesses the knowledge an individual gained after completing an activity. If audited, a licensee shall submit an affidavit attesting to the number of hours the licensee spent participating in these activities.

One hour of continuing education is granted for each 50 to 60 minutes of participation. A maximum of 30 hours may be earned in this category each renewal period.

M Participation on a hospital staff committee dealing with quality patient care or utilization review, or both. If audited, a licensee shall submit a letter from an organization official verifying the licensee’s participation and the number of hours the licensee spent participating on the committee.

One hour of continuing education isgranted for each 50 to 60 minutes of participation. A maximum of 30 hours may be earned in this category each renewal period.

N Full-time enrollment in a postgraduate clinical training program related to the practice of podiatric medicine and surgery in a hospital or institution that is approved by the board pursuant to R 338.8113. If audited, a licensee shall submit a letter from the program director verifying the licensee participated in the program.

A minimum of 5 months participation per year is required. Fifty hours of continuing education is granted for each year of full-time enrollment. A maximum of 150 hours may be earned in this category each renewal period.

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R 338.8128 Continuing education programs; adoption of standards by reference; methods of approval. Rule 128. (1) The board approves and adopts by reference the standards for approving sponsors of continuing education developed and adopted by the Council on Podiatric Medical Education of the American Podiatric Medical Association entitled, “Standards, Requirements, and Guidelines for Approval of Sponsors of Continuing Education in Podiatric Medicine,” CPME 720, January 2015. A copy of the standards and requirements is available at no cost from the council’s website at www.cpme.org. A copy of the standards and requirements is also available for inspection and distribution at cost from the Board of Podiatric Medicine and Surgery, Michigan Department of Licensing and Regulatory Affairs, 611 West Ottawa, Lansing, MI 48909. (2) The board or authorized committee shall consider requests for approval of individual continuing education programs. A sponsor shall submit an application and information regarding the program or activity to the department at least 60 days before the program or activity is held. For purposes of this rule, 1 credit of continuing education is defined as 50 to 60 minutes of program attendance or participation in an activity. (3) The board or authorized committee shall evaluate applications for approval based upon all of the following: (a) The content of a program or activity shall enhance the skills, knowledge, and practice of podiatric medicine and surgery. (b) The sponsor shall provide an outline of the program or activity that includes a statement of educational goals or measurable behavioral objectives, or both. (c) The program or activity shall be presented, if applicable, by instructors who are qualified and competent in the subject matter as demonstrated by their education, training, and experience. (d) Licensee attendance at the program or activity shall be monitored by the sponsor, if applicable. (e) The sponsor shall maintain, for a period of 3 years from the date of each program, records of program attendance or completion of an activity that show all of the following, as applicable: (i) The date a program was held or an activity completed. (ii) The location of a program. (iii) The credentials of the individuals who presented a program. (iv) Rosters of individuals who were in attendance at a program or completed an activity. (v) The continuing education credits awarded to each attendee or participant. (f) The sponsor shall award a certificate or written evidence of attendance at a program or completion of an activity that includes the following, as applicable: (i) The participant’s name. (ii) The date and location of the program. (iii) The sponsor or program approval number. (iv) The number of continuing education credits earned. (4) The board or authorized committee may deny approval of programs or activities offered by institutions and organizations if the board or authorized committee determines that the programs or activities offered by those institutions or organizations fail to demonstrate compliance with the legislative intent to further educate licensees on subjects related to the practice of podiatric medicine and surgery. R 338.8129 Rescinded. R 338.8130 Rescinded.

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DIRECTOR’S OFFICE

BOARD OF PHARMACY – GENERAL RULES


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 director of the department of licensing and regulatory affairs by sections 16145 and 16148 of 1978 PA 368, MCL 333.16145 and MCL 333.16148 and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1 and 2011-4, MCL 330.3101, 445.2001, 445.2011, and 445.2030) R 338.471b is added to the Michigan Administrative Code to read as follows: R 338.471b Training standards for identifying victims of human trafficking; requirements. Rule 1b. (1) Pursuant to section 16148 of the code, MCL 333.16148, an individual seeking licensure or who is licensed 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 the United States. (ii) Identifying victims of human trafficking in health care settings. (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 subdivision (a) of this subrule 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:

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(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 for license or registration renewals beginning with the first renewal cycle after the promulgation of this rule and for initial licenses issued 5 or more years after the promulgation of this rule.

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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

DEPARTMENT OF TREASURY STATE TREASURER

TAXPAYER BILL OF RIGHTS 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 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 Department of Treasury by sections 3, 4, 23, and 24 of 1941 PA 122, MCL 205.3, MCL 205.4, MCL 205.23, and MCL 205.24 of the Michigan Compiled Laws) R 205.1001, R 205.1002, R 205.1003, R 205.1004, R 205.1007, R 205.1008, R 205.1009, R 205.1010, and R 205.1011 are amended, R 205.1006 is rescinded, and R 205.1006a, R 205.1006b, R 205.1006c, and R 205.1006d are added to the Michigan Administrative Code as follows:

PART 1. GENERAL PROVISIONS R 205.1001 Definitions. Rule 1. As used in these rules: (a) "Act" means Act No. 122 of the Public Acts of 1941 PA 122, as amended, being § MCL 205.1 to 205.31. et seq. of the Michigan Compiled Laws. (b) "Commissioner" means the state commissioner of revenue as appointed by the state treasurer and described in the act. (c) (b)"Confidential information" means information and facts that are treated in a confidential manner under section 28 of the act. (d) (c) “Department" means the department of treasury and includes those employees and officers of the State of Michigan this state, or their agents, who implement or carry out the functions described in the act. (d) “Department representative” means a contractor, consultant, agent, or other person acting in a representative capacity for or on behalf of the department. (e) "Informal conference" means a meeting involving a taxpayer and a department representative before a referee to review and, where appropriate, to resolve a tax dispute pursuant to section 21 of the act. (f) “Notice of audit refund” means the notice the department must provide pursuant to section 21(3) of the act. (g) “Notice of denial of refund” means the notice of adjustment or other written communication from the department indicating that a request for refund is rejected in whole or in part, or that a credit forward sought by a taxpayer will not be allowed in whole or in part. (f) (h)"Notice of final assessment" means the notice which that advises the taxpayer that an assessment issued under section 21 of the act is final and subject to appeal. (g) (i) "Notice of intent to assess" means the notice that advises the taxpayer of the department's intent to assess the tax and provides the amount of the tax the department believes the taxpayer owes, the reason for the deficiency, and a statement that advises the taxpayer of all of the following: (i) The right to an informal conference.

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(ii) The requirement of a written request by the taxpayer for the informal conference, including the taxpayer's statement of the contested amounts and an explanation of the dispute. (iii)The 30-60-day time limit for the request. (h) (j)"Person" means any of the following entities: (i) An individual. (ii) A firm. (iii) A bank. (iv) A financial institution. (v) A limited partnership. (vi) A copartnership. (vii) A partnership. (viii) A limited liability company. (ix) A joint venture. (x) An association. (xi) A corporation. (xii) A receiver. (xiii) An estate. (xiv) A trust. (xv) Any other group or combination acting as a unit. (i) (k) "Referee" means an individual who is authorized by the commissioner treasurer to conduct an informal conference pursuant to section 21 of the act. (j) (l) “Tax" means any tax that is administered and collected under the act. Tax includes any tax, penalty, and interest. (k) (m) "Taxpayer representative" means a person who is authorized by the taxpayer to represent the taxpayer before the department. (l) (n) "Third party" means any of the following entities: (i) A relative, except for a husband or wife when a joint return is filed. However, if a joint return has not been filed and a spouse has been claimed as an exemption on a return, that spouse may not receive information without written permission from the taxpayer. If a joint return has been filed and the parties are separated or divorced, current information, such as the current address, employment information, or collection information, about one 1 party shall not be disclosed to the other party. (ii) A friend of the taxpayer. (iii) Any elected official acting in his or her official capacity, including a member of the United States Congress or the state legislature. (iv) Any professional, such as an accountant or attorney, who does not act is not authorized as the taxpayer’s representative. For example, a return preparer who has prepared and signed a return is not entitled to receive the return upon request without express written authorization from the taxpayer. (v) Any person, other than the taxpayer, who is not authorized by the act or these rules to obtain confidential information. (o) “Treasurer” means the treasurer of this state or his or her designee.

PART 2. DEPARTMENT EMPLOYEE, DEPARTMENT REPRESENTATIVE CONDUCT

R 205.1002 Standards for treatment of public by department employees and representatives. Rule 2. (1) The department, department employees, and department representatives shall treat the public in a fair and courteous manner. A department employee, or department representative, that has

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direct contact with the public in the course of his or her duties shall perform his or her duties in a businesslike manner. (2) A department employee, or department representative, shall not engage in improper conduct in interactions with the public and shall strive to avoid the appearance of impropriety. The following are examples of improper conduct: (a) The use, or appearance of use, of one’s position or knowledge of department procedures or access to confidential information to intentionally harass or personally benefit from another person or grant privileges to another person. (b) Conduct, the natural consequence of which is to oppress or abuse another person. (c) The use, or threat of use, of violence or other criminal means to harm a person’s physical integrity, reputation, or property. (d) The use of profane or offensive language. (e) Name-calling of a derogatory nature. (f) Soliciting raffle tickets during work hours for a charity. (g) The acceptance of, or an agreement to accept, a gift or anything of value from a person that could reasonably be expected to influence the manner in which an employee or department representative performs work or makes decisions. (h) The making of false statements or statements with false implications in the course of collecting debts, such as falsely implying that the employee or department representative is an attorney, using a false name, or falsely implying that the taxpayer has committed a crime. (i) An employee’s, or department representative’s, participation in any business transaction or private arrangement for direct or indirect financial gain or deferment or discount of payment that accrues from or is based upon the employee’s, or department representative’s, official position or on confidential information gained by reason of the employee’s, or department representative’s, position. (j) An employee’s, or department representative’s, failure to report to the employee’s, or department representative’s, supervisor or the supervisor’s supervisor appearances of a possible conflict of interest in relation to taxpayers with whom the employee or department representative may have direct or indirect involvement. (k) The employee’s, or department representative’s, failure to report to the employee’s, or department representative’s, supervisor or the supervisor’s supervisor a taxpayer’s complaint about the employee, or another employee, or department representative, or the employee’s, or department representative’s, failure to report to the employee’s or department representative’s, supervisor or the supervisor’s supervisor a possible interference in a taxpayer’s attempts to discuss matters with a management person. (l) The falsification of reports or other records of contacts or attempts to contact or personally serve taxpayers with any notice or the falsification of other work activities. (m) Other conduct that may be subject to disciplinary action. (3) An employee, or department representative, shall perform his or her duties at the following times and places: (a) For collection purposes, the department, and its representatives, shall observe the following rules with respect to taxpayers, but not third parties: (i) Taxpayers may be contacted only during the day after 8 a.m. and before 9 p.m., local time, except with prior supervisory approvals follows based upon the following: (A) The taxpayer has noncustomary working hours and has expressed to the department, or its representative, that he or she wishes to be contacted at a different time of the day. (B) On a case-by-case basis for activities authorized under the act, such as those related to jeopardy assessment accounts, seizures that require earlier contact to make personal service, or similar activities.

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(ii) Except as provided in subparagraphs (A) to (C) of this paragraph by the following and unless otherwise agreed to by the department, or its representative, and the taxpayer, in the absence of knowledge of circumstances to the contrary, the department, or its representative, shall presume that a convenient place for communicating with the taxpayer is the location of the taxpayer or, if the taxpayer is represented and the department, or its representative, has been properly notified of the representation, the location of the taxpayer representative, for example, the address of record: (A) The department, or its representative, shall not communicate with the taxpayer regarding the collection of a debt at any time or place known, or which should be known, to be inconvenient to the taxpayer. (B) A department employee, or department representative, shall not contact a taxpayer at his or her place of employment if the employee, or department representative, knows or has reason to know that the taxpayer’s employer prohibits the taxpayer from receiving the communication. (C) If a taxpayer representative does not respond to a communication from the department, or its representative, then a department employee, or department representative, shall refer the matter to his or her immediate supervisor and shall refrain from contacting the taxpayer representative until further instructions are provided. (b) For audit purposes, the department, and its representatives, shall observe the following rules with respect to taxpayers: (i) Auditors shall keep the work hours as established by the taxpayer, shall limit lunchtime to not more than an hour, and shall leave the taxpayer at the established time. (ii) Auditors shall respect the taxpayer’s property, rules, business practices, and hours and shall obtain permission to use the taxpayer’s equipment, such as the telephone or copying machine. (c) For all other purposes, the department, and its representative, shall contact taxpayers during regular working hours unless otherwise agreed to by the taxpayer. (4) The department, and its representatives, shall have a system for monitoring compliance with the standards of fair and courteous treatment of the public. The system shall provide for aggrieved persons to complain to the immediate supervisor of the employee, or department representative, who acts improperly, or to the supervisor’s supervisor; for the department, or its representative, to discipline the employee, or department representative, who acts improperly; and for a taxpayer advocate to respond to complaints from the public. The system for monitoring compliance shall include, but not be limited to, all of the following: (a) Each supervisor shall monitor the behavior of employees and department representatives on the telephone and review outgoing correspondence for compliance. (b) The audit confirmation letter that the department, or its representative, sends to the taxpayer to confirm the scheduled audit shall identify by name and telephone number the auditor, the audit supervisor, and the audit manager. (c) The department, or its representative, shall enclose with the audit confirmation letter information about the audit process, which shall also instruct the taxpayer how to contact the department’s taxpayer advocate office. (5) The department, and its representatives, shall not use collection goals or quotas during the conduct of an audit for a tax administered under the act. (6) The department, and its representatives, in carrying out the department’s responsibilities under the act, shall fairly and consistently apply all applicable statutes and rules to all taxpayers. (7) Department employees, and department representatives, shall satisfactorily complete relevant departmental training before performing collection or auditing procedures.

PART 3. DISCLOSURE OF CONFIDENTIAL INFORMATION

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R 205.1003 Confidentiality of information. Rule 3. (1) Except as otherwise provided by law, the commissioner of revenue, treasurer, any employee or authorized representative or former employee or former authorized representative, or anyone connected with the department shall not disclose to any person, except the taxpayer or his or her or its authorized representative, any facts or information obtained in connection with the administration of a tax or information or parameters that would enable a person to ascertain the audit selection or processing criteria for a tax administered by the department or collection or assessment parameters or collection information. (2) Access to confidential information shall be restricted to department employees who have a need to access the information to perform their duties. A department employee shall not disclose confidential information to another department employee, except as needed to perform duties. For example, if an employee reviews a taxpayer's individual return and discovers a letter concerning the taxpayer's business tax liability, the employee shall refer the correspondence to the business tax division for further action and shall identify the source of the correspondence. (3) A department employee shall not disclose Cconfidential information shall not be disclosed by a department employee to confirm information made public by another party or source or which is part of any public record. For example, if an unauthorized third party wants to know if a tax lien has been filed against a certain business, a department employee shall not release that information. A tax lien becomes part of the public record upon filing, but still retains its identity as tax return information and may not be released to unauthorized parties. (4) An employee or authorized representative of another agency of the federal, state, or local government who handles confidential information pursuant to an agreement or subpoena shall be is subject to the same restrictions as department employees or authorized representatives and shall not disclose the confidential information. (5) A department employee shall not disclose Cconfidential information obtained about a taxpayer shall not be disclosed without proper authorization. (6) The commissioner of revenue or a designated representative department shall keep records of persons who are not department employees or authorized representatives of the commissioner department and are granted access to, or given copies of, returns or return information. The records shall must contain all of the following information: (a) The name and address of the person who has been granted access to, or given copies of, returns. (b) The representative capacity of the person specified in subdivision (a) of this subrule if not the taxpayer. (c) The date of disclosure. (d) The name of the taxpayer or taxpayers. (e) The type of returns. (f) The taxable periods involved. R 205.1004 Confidentiality of information; exceptions to disclosure prohibition. Rule 4. (1) Subject to the same restrictions as department employees on the treatment of confidential information, a private contractor or its employees are strictly prohibited from shall not discloseing taxpayer information to a third party. The prohibition against disclosure does not bar an employee of a private contractor that processes tax returns or payments pursuant to the act from having access to confidential information that is reasonably required for the processing or collection of amounts due this state.

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(2) The department may use a taxpayer's name, address, and social security number or employer identification number to the extent necessary in connection with the processing and mailing of forms for any report or return required in the administration of any tax administered under the act. (3) The department may disclose confidential information in any of the following circumstances: (a) If the disclosure is required for the proper administration of a tax law administered under the act. (b) If the disclosure is required by judicial order sought by an agency charged with the duty of enforcing or investigating support obligations pursuant to an order of a court in a domestic relations matter as that term is defined in section 31 of 1982 PA 294, Act No. 294 of the Public Acts of 1982, as amended, being § MCL 552.531. of the Michigan Compiled Laws. (c) If the disclosure is required pursuant to a judicial order, including a subpoena, search warrant, or other court order, sought by an agency of the federal, state, or local government charged with the responsibility for the administration or enforcement of criminal law for purposes of investigating or prosecuting criminal matters or for federal or state grand jury proceedings. (d) If the disclosure is required by judicial order where the taxpayer's liability for a tax administered under the act is to be adjudicated by the court that issued the judicial order. (e) If the disclosure is required by a reciprocal agreement between the department and other departments of state government, the United States Ddepartment of Ttreasury, local governmental units within this state, or taxing officials of other states. (f) If the disclosure is upon the written request of a head of an institution, agency, or department of state government when it is required for the effective administration or enforcement of the laws of this state, is upon the written request of a proper officer of the United States Ddepartment of Ttreasury, or is upon the written request of a proper officer of another state reciprocating in this privilege. (g) For all of the types of disclosure specified in this subrule, the request for information, subpoena, or other judicial order shall be directed to the Disclosure Officer disclosure officer Michigan Department department of Treasury treasury, Treasury Austin Building building, Lansing, Michigan 48922. (4) The department may disclose records and information that are not confidential, for example, that the department is not barred from disclosing under the act, pursuant to a request filed under 1976 PA 442, Act No. 442 of the Public Acts of 1976, as amended, being § MCL 15.231 to 15.246. et seq. of the Michigan Compiled Laws. Requests shall be addressed to the Director of the Bureau of Management Services FOIA coordinator, Michigan Department department of Treasury treasury, Treasury Austin Building, Lansing, Michigan 48922. R 205.1006 Written authorization for disclosure of confidential information to third parties or taxpayer representatives; use of facsimile equipment. Rescinded. Rule 6. (1) Before a department officer or employee may disclose confidential information to a third party, the third party shall furnish the appropriate authorization from the taxpayer. (2) For telephone or in-person requests, the department shall determine the identity of the requesting party before giving out confidential information. (3) When determining the identity of the third party, whether the request is by telephone or in person, the department shall obtain the following information about the taxpayer and the subject matter from the requesting party: (a) The taxpayer's name, address of record, taxpayer's identification number, and any other information necessary to identify the requesting party. (b) For a refund inquiry, the approximate amount of expected refund, unless that amount is computed by the department, and the manner in which the return was filed, for example, an individual separate or a joint return.

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(4) A telephone conference call which is initiated by the taxpayer and which includes the taxpayer, the taxpayer representative, and the department may be utilized to discuss confidential information concerning the taxpayer without written authorization, unless it is preferable to mail the requested return information to the taxpayer's address of record. (5) The written authorization of the taxpayer shall include the following information: (a) The taxpayer's name, address, and account number. (b) The time period for which the authorization is effective. (c) The name, address, and telephone number of the taxpayer representative. (d) The type of return, tax type, and period to be disclosed. (e) The taxpayer's signature and the date of signature. (f) A designation as to whether the taxpayer representative is given general authorization or limited authorization to act on the taxpayer's behalf. General authorization to act on the taxpayer's behalf includes authorization to do any of the following: (i) Inspect or receive confidential tax information for all tax years and all tax matters. (ii) Represent the taxpayer and make oral or written presentations of fact and argument for all tax matters and years. (iii) Sign returns and enter into agreements for all tax matters and years. Limited authorization for specific tax matters includes authorization as to a specific type of tax, return, or year or period. (6) A taxpayer's written authorization may be provided by filing any of the following completed documents: (a) The original Michigan form C-1029 entitled "Power of Attorney/Authorization." The form may be obtained without cost from the Michigan Department of Treasury, Treasury Building, Lansing, Michigan 48922, or by calling 1-800-FORM-2-ME (1-800-367-6263). (b) A copy of federal form 2848 entitled "Power of Attorney and Declaration of Representative." The form may be obtained at the nearest internal revenue service office. (c) An original or a copy of any other appropriate power of attorney or other taxpayer authorization. (7) If the written authorization does not identify the effective date and expiration date, the department shall presume that the effective date is the same date as the date of the written authorization. If the written authorization is not dated, the department shall presume that the effective date is the date the department receives the written authorization. The department shall presume that there is no expiration date for the matters specified. If a written authorization is otherwise incomplete, the department may request the taxpayer to supply missing or clarifying information. (8) The taxpayer may name only 1 taxpayer representative for a single tax dispute or matter. The department will contact the taxpayer representative when a valid authorization or power of attorney has been properly filed with the department and the taxpayer makes a written request that copies of letters and notices be sent to the taxpayer representative. If a taxpayer representative is an organization and not an individual, the taxpayer shall designate a contact person within the organization. (9) A taxpayer shall have only 1 authorization or power of attorney for each taxpayer representative on file with the department for a particular matter. An authorization, once filed with the department and associated with a return or tax matter, shall be presumed to be valid unless the department receives notice that the authorization is no longer valid. By executing and filing a new written authorization, a taxpayer shall revoke a previously filed authorization that relates to the same tax dispute that is covered by the newly filed authorization. An authorization ordinarily will be requested regarding a specific matter only upon the first appearance of the representative before the department. (10) The department may accept tax information that is voluntarily offered by third parties, but, in the absence of appropriate authorization, may not disclose information to the third party. For example, a

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third party may provide canceled check information to initiate a payment tracer on a bill, but the department may not disclose the balance due or the nature of the assessment to the third party in the absence of appropriate authorization from the taxpayer. The department may discuss only general information relative to the meaning of a bill or a notice or information that is provided by the third party. (11) A taxpayer's conduct may constitute either express or implied authorization to the department to disclose confidential information. For example, if a taxpayer brings a friend to an informal conference or other face-to-face meeting with department personnel and invites the friend to sit in, the taxpayer's conduct will be considered to have given implied consent to the disclosure of confidential tax information about the taxpayer. If a taxpayer does not authorize the department to disclose confidential tax information to the friend, then the friend shall leave the informal conference. For example, the conduct of a deaf individual who seeks translation from the department may constitute implied consent to the translator to relay or receive confidential information on the individual's behalf if the deaf individual is a party to the conversation with the department. (12) The department will accept either the original written authorization or, with indicia of reliability and trustworthiness, a copy of a power of attorney received by facsimile transmission (FAX). R 205.1006a Implied authorization for disclosure of confidential information to third parties. Rule 6a. (1) Before a department officer or employee may disclose confidential information to a third party, the department shall confirm that the third party is authorized by the taxpayer to receive the confidential information. (2) Before giving out confidential information, whether the request is by telephone or in person, the department shall obtain information about the taxpayer and the subject matter as it determines to be necessary to identify the requesting party. (3) For a refund inquiry, the department shall obtain the approximate amount of the expected refund, unless that amount is computed by the department, and the manner in which the return was filed; for example, an individual, separate, or a joint return. (4) A telephone conference call that is initiated by the taxpayer and includes the taxpayer, a third party, and the department may be used to discuss confidential information concerning the taxpayer without written authorization. However, the department, if it is unable to verify the identity of the caller to its satisfaction, may mail, or otherwise transmit electronically, requested confidential information to the taxpayer at the taxpayer's address of record rather than discussing it in a telephone conference call. (5) A taxpayer's conduct may constitute either express or implied authorization to the department to disclose confidential information to a third party. For example, if a taxpayer brings a friend to an informal conference or other face-to-face meeting with department personnel and invites the friend to sit in, the taxpayer, by that conduct, has given implied consent to the department to disclose the taxpayer’s confidential tax information to the friend. If the taxpayer does not authorize the department to disclose confidential tax information to the friend, then the friend must leave the informal conference or other face-to-face meeting. As an additional example, the conduct of a deaf individual seeking translation services from the department constitutes implied consent to the translator to relay or receive confidential information on the individual's behalf if the deaf individual is a party to the conversation with the department. (6) The department may accept tax information that is voluntarily offered by a third party, but, in the absence of express or implied authorization from the taxpayer consistent with these rules, shall not disclose information to the third party. For example, a third party may provide canceled check information to initiate a payment tracer on a bill, but the department shall not disclose the balance due or the nature of the assessment to the third party in the absence of express or implied

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authorization from the taxpayer consistent with these rules. Absent express or implied authorization from the taxpayer consistent with these rules, the department may discuss with a third party only general information concerning the meaning of a bill or a notice or information provided by the third party. R 205.1006b Written authorization by taxpayer for representative to represent taxpayer in communications with department. Rule 6b. (1) Michigan Department of Treasury Form 151, entitled “Authorized Representative Declaration (Power of Attorney),” shall incorporate separate parts or sections in order to accommodate both of the following: (a) A taxpayer’s designation of an authorized representative to act on its behalf and represent the taxpayer in communications with the department. (b) A taxpayer’s written request to the department that copies of future letters and notices regarding a single, specified tax type and tax period or periods for that tax type be sent to the taxpayer’s official representative, as provided in MCL 205.8. Michigan Department of Treasury Form 151 shall be used by a taxpayer for either purpose, or for both purposes. (2) A taxpayer may provide written authorization for a representative to act on its behalf and represent the taxpayer in communications with the department. The written authorization shall be provided by the taxpayer on 1 of the following: (a) Michigan Department of Treasury Form 151. (b) Another written document that meets all the requirements set forth in subrule (3) of this rule. (c) Another document that provides clear legal authority for a representative to act on the taxpayer’s behalf and to represent the taxpayer in communications with the department, such as a court approved guardianship or conservatorship or other court order. (3) In order to be valid, the written authorization must include, at a minimum, all of the following information: (a) The taxpayer's name, address, telephone number, and account or identification number. (b) The name, address, and telephone number of the taxpayer’s representative and, if the representative is an entity, such as a law firm rather than an individual, the name of a contact person. If the taxpayer’s representative is an entity, the written authorization permits the department to disclose confidential information to any member of the named entity. The specification of a contact person is only to ensure that information sent to the entity is directed to the individual overseeing the representation. (c) The time period for which the authorization is effective. If no start date is specified, the authorization is effective as of the date that it is signed by the taxpayer. If no expiration date is indicated, the authorization is effective until revoked. (d) The type of authority granted to the representative, and any restrictions on that authority, such as tax type and/or tax period. (e) The signature of the taxpayer or, if the taxpayer is not an individual, for example, a corporation, the signature of a person authorized to sign on behalf of the taxpayer; the printed name of the person signing; the title of the person signing if the taxpayer is not an individual; and the date of signing. (4) A taxpayer's written authorization should be provided by filing a properly completed Michigan Department of Treasury Form 151, except as provided in subrules (2)(b) or (c) or (7) of this rule. Form 151 is available on the department’s website or may be requested by contacting

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the department. Directions for returning the completed form shall be included in the instruction page, and the taxpayer shall return the completed form in accordance with the instructions. (5) Except as provided under subrule (2)(c) of this rule, a written authorization is properly completed only if the requirements of subrule (3) of this rule are met, and as to Michigan Department of Treasury Form 151, in addition to any requirements specified by the department on Form 151 and instructions to this form. (6) If a written authorization submitted by a taxpayer is incomplete, has been filled out incorrectly, or fails to meet all the requirements under subrule (3) of this rule, the authorization is not effective, and the department shall notify the taxpayer, identify the information needed, and request that the taxpayer submit to the department a new, properly completed Michigan Department of Treasury Form 151. (7) Only 1 taxpayer representative, either an individual or an entity, may be named on a single written authorization. A written authorization filed with the department is presumed to be valid until it expires according to its terms, or until the taxpayer specifically revokes the representative’s authority. A taxpayer may revoke a representative’s authority in whole or in part by completing the indicated portions of Michigan Department of Treasury Form 151 or by providing another written document that clearly revokes that prior representative’s authority. Directions for revoking a representative’s authority by Michigan Department of Treasury Form 151 must be included in the form’s instructions page. Filing a new written authorization through a Michigan Department of Treasury Form 151, without completing the revocation section of the form, does not automatically revoke a previously filed written authorization. (8) If circumstances exist that make it impossible for the taxpayer to provide a written authorization as specified in subrule (2) of this rule, for example, the taxpayer is incapacitated, the party purporting to represent the taxpayer shall contact the department so that special arrangements can be made. (9) A written authorization granting authority to a representative to act on the taxpayer’s behalf and represent the taxpayer in communications with the department does not constitute a written request to the department that copies of future letters and notices regarding a single, specified tax type and tax period or periods for that tax type be sent to the taxpayer’s official representative, as provided in MCL 205.8, unless that authorization is provided in accordance with R 205.1006c. R 205.1006c Requesting copies of letters and notices with respect to tax dispute. Rule 6c. (1) Michigan Department of Treasury Form 151, entitled “Authorized Representative Declaration (Power of Attorney),” shall incorporate separate parts or sections in order to accommodate both of the following: (a) A taxpayer’s designation of an authorized representative to act on its behalf and represent the taxpayer in communications with the department. (b) A taxpayer’s written request to the department that copies of future letters and notices regarding a single, specified tax type and tax period or periods for that tax type be sent to the taxpayer’s official representative, as provided in MCL 205.8. Except as provided under Rule 6b(2), Michigan Department of Treasury Form 151 shall be used by a taxpayer for purposes of subdivision (a) of this subrule, or for purposes of subdivision (a) of this subrule and this subdivision. (2) A taxpayer may file a written request with the department that copies of future letters and notices regarding a dispute be sent to the taxpayer’s official representative, as provided in MCL 205.8.

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(3) For purposes of this rule and MCL 205.8, the taxpayer’s identification of a single, specified tax type and tax period or periods for which the taxpayer is requesting copies of future letters and notices is considered a dispute. (4) Letters and notices that are subject to the authorization under this rule and MCL 205.8 shall be any written correspondence from the department with content that relates to the audit, assessment, and/or collection of the respective tax type or that involves the appeal rights of the taxpayer under MCL 205.22, and may include additional written correspondence as systems capabilities of the department can accommodate. Letters and notices regarding a dispute under this subrule may be sent by the department by mail or, if systems capabilities of the department can accommodate, to a secure, encrypted electronic mailbox designated by the department that was authorized by the taxpayer. (5) A taxpayer shall make a written request under subrule (2) of this rule only by filing a properly completed Michigan Department of Treasury Form 151. This form is available on the department’s website, or may be requested by contacting the department. The taxpayer shall return the completed form as provided for in the form and its instructions. (6) The taxpayer shall identify on the appropriate line or lines of Michigan Department of Treasury Form 151 the specific tax type or types and the tax period or periods for each respective tax type. (7) If a taxpayer has more than 1 dispute with the department and wants its named official representative to also receive copies of future letters and notices with respect to those additional disputes, the taxpayer shall complete and submit 1 or more Michigan Department of Treasury Form 151, as prescribed by the department in the form and instructions, for the respective tax type and tax period desired by taxpayer. (8) Only 1 official representative authorized under this rule and MCL 205.8 may receive copies of future letters and notices regarding a single, specified tax type and tax period or periods for that tax type. If the named official representative is an entity, the department shall send copies of future letters and notices regarding the single, specified tax type and tax period or periods for that tax type to the individual named as the contact person. (9) If a taxpayer’s written request for copies of letters and notices as submitted to the department is incomplete or the relevant portions of Michigan Department of Treasury Form 151 have been filled out incorrectly, the written request for copies of letters and notices will not be effective, and the department shall notify the taxpayer, identify the information needed, and request that the taxpayer submit to the department a new, properly completed Michigan Department of Treasury Form 151. (10) Once filed with the department, a taxpayer’s written request authorizing its official representative to receive copies of future letters and notices regarding a dispute shall be presumed to be valid until the matter in dispute is concluded, or until the taxpayer specifically revokes the official representative’s authority. A taxpayer may revoke an official representative’s authority to receive copies of letters and notices regarding a dispute by completing the indicated portions of Michigan Department of Treasury Form 151, directions for which are included on the form and instructions. (11) A taxpayer’s written request that copies of future letters and notices regarding a dispute with that taxpayer be sent to the taxpayer’s official representative does not give the official representative authority to act on the taxpayer’s behalf or to represent the taxpayer in communications with the department. (12) If a taxpayer files a written request with the department that copies of future letters and notices regarding a dispute with that taxpayer be sent to the taxpayer’s official representative in

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accordance with the requirements under this rule, but the department fails to provide the taxpayer’s representative with a copy of a letter or notice regarding the respective tax type and tax period or periods that gives rise to appeal rights to the taxpayer, the department shall do the following, as applicable: (a) If the department sent subsequent letters or notices regarding the dispute only to the taxpayer and not also to the taxpayer’s official representative, the department shall deem the time period in which to request an informal conference under MCL 205.21(2), or to otherwise appeal to the Michigan Court of Claims or the Tax Tribunal under MCL 205.22(1), to commence when a copy of the pertinent letter or notice is subsequently furnished to the taxpayer’s official representative. The copy of the pertinent letter or notice sent to the taxpayer’s official representative must be accompanied by a letter from the department stating the appeal period. (b) If the taxpayer has been denied appeal rights by the department, the Court of Claims or the Tax Tribunal because of an untimely appeal arising from the department’s failure to provide the taxpayer’s official representative with a required copy of a pertinent letter or notice, the department shall reinstate the taxpayer’s applicable appeal rights upon the taxpayer’s written request to the department for an informal conference. The taxpayer’s written request must include the taxpayer’s name, federal employer identification number or other identification number, the tax type and tax period or periods, and any relevant assessment number. In the case of a denied or reduced refund, the taxpayer shall provide the tax type and tax period or periods, or other identifying information. All of the following apply: (i) The taxpayer’s written request must include a copy of the taxpayer’s original letter or other document that had requested copies of future letters and notices be sent to the taxpayer’s official representative. (ii) If decided adversely to the taxpayer, the informal conference must result in a decision, order, or assessment by the department that may be appealed to the Court of Claims or the Tax Tribunal under MCL 205.22(1). (iii) If the matter had been to informal conference, and the denial of appeal rights is based upon a Final Bill for Taxes Due (Final Assessment), the taxpayer shall contact the department’s office of the taxpayer advocate, which shall issue the taxpayer’s official representative a copy of the pertinent letter or notice and which must be accompanied by a letter stating the new appeal period. (c) If the taxpayer has been denied appeal rights by the department, the Court of Claims, or the Tax Tribunal because of an untimely appeal arising from the department’s receipt of a written request not in accordance with this rule and the department failed under subrule (7) of this rule to advise the taxpayer that the written request was not in accordance with this rule, the department shall reinstate the taxpayer’s applicable appeal rights that were denied because of the department’s failure to advise the taxpayer. The taxpayer’s written request must include the taxpayer’s name, federal employer identification number or other identification number, the tax type and tax period(s), and any relevant assessment number. In the case of a denied or reduced refund, the taxpayer shall provide the tax type and tax period or periods, or other identifying information. All of the following apply: (i) The taxpayer’s written request must include a copy of the taxpayer’s original letter or other document that had requested copies of future letters and notices be sent to the taxpayer’s official representative. (ii) If decided adversely to the taxpayer, the informal conference must result in a decision, order, or assessment by the department that may be appealed to the Court of Claims or the Tax Tribunal under MCL 205.22(1).

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(iii) If the matter had been to informal conference, and the denial of appeal rights is based upon a Final Bill for Taxes Due (Final Assessment), the taxpayer shall contact the department’s office of the taxpayer advocate, which shall issue the taxpayer’s official representative a copy of the pertinent letter or notice and which must be accompanied by a letter stating the new appeal period. (13) If a taxpayer’s appeal rights were denied by the Court of Claims or the Tax Tribunal and the related opinion or order denying relief to the taxpayer addresses the merits of any notice issues arising under MCL 205.8, then the relief provided under subrule (12) of this rule shall not be provided. R 205.1006d Discussing return information with preparer of return Rule 6d. (1) A taxpayer may authorize the department to discuss the taxpayer’s return with the preparer of the return by checking the designated box on the return and providing information regarding the authorized preparer as specified on the return or instructions. (2) The checked box on the return authorizes the department to contact the preparer of the return concerning the contents of the return. In addition, it authorizes the preparer of the return to do all of the following: (a) Provide the department with information missing from the return. (b) Contact the department to obtain information about processing or the status of refunds and payments related to the return. (c) Request copies of any correspondence related to matters concerning the return, such as math errors, return preparation, and any adjustments to the return. (d) Respond to any such correspondence related to matters concerning the return. (3) The checked box on the return does not authorize the department to discuss with the preparer any other tax return or to provide the preparer any information regarding audit, assessment, or collection activities on the taxpayer’s account. In addition, the checked box on the return does not authorize the preparer to take any action on behalf of the taxpayer, such as requesting an informal conference or undertaking an appeal of any assessment, decision, or order of the department, receive a refund check, or otherwise represent the taxpayer before the department. The taxpayer shall execute a Michigan Department of Treasury Form 151 under Rule 6b, or other written authorization as permitted under R 205.1006b(2), designating the preparer as its representative in order for the preparer to discuss with the department any matters outside the scope of those referenced in subrules (1) and (2) of this rule, or to take action on behalf of the taxpayer. R 205.1007 Disclosure officer; delegation of authority. Rule 7. (1) The authority to disclose state tax information is delegated to the disclosure officer and to certain other positions within the department. The disclosure officer serves as a contact person for all governmental and nongovernmental agencies that seek confidential information. The disclosure officer shall determine that a request for confidential information meets the requirements of the act and these rules. (2) Specific responsibilities are delegated to Tthe following positions within the department to shall ensure the confidentiality of tax information and to coordinate requests for authorized disclosure of tax information within the department: (a) The disclosure officer is responsible for the shall development of security directives and the periodic review of security procedures within the department. For those agencies that the department

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discloses information to, a report of all findings is furnished to the commissioner of revenue treasurer for action as deemed appropriate. The disclosure officer is responsible for the shall development of information sharing agreements with appropriate federal and state agencies. The disclosure officer serves as the liaison with federal and state agencies and their appropriate administrators concerning the exchange of information. The disclosure officer reviews all requests from local jurisdictions seeking confidential information. (b) Division administrators who have primary custody or control of returns or tax return information will shall determine that the necessary safeguards are in place to prevent the unauthorized use or disclosure of state or federal tax information. The department shall issue appropriate written instructions to employees and shall adopt measures to ensure that employees remain thoroughly familiar with, and strictly adhere to, the rules and procedures governing confidentiality and the disclosure of tax information. (3) All new department employees shall be required to review the policies, procedures, and bulletins governing confidentiality and the authorized disclosure of confidential information and to certify that they are familiar with the documents as the documents relate to the employee’s specific duties. Periodically, department employees shall be required to review the policies, procedures, and bulletins associated with confidential information in the performance of their duties. The disclosure officer shall annually remind department employees of the confidentiality requirements.

PART 4. INFORMAL CONFERENCE R 205.1008 Right to informal conference; request requirements for informal conference; acknowledgment. Rule 8. (1) If a notice of intent to assess, a notice of denial of refund, or a notice of audit refund is sent to a taxpayer, the notice shall include all of the following: (a) A statement of the taxpayer's right to an informal conference, the need for a written request by a taxpayer for the informal conference, which includes the taxpayer’s statement of the contested amounts and an explanation of the dispute, and the 30-day time limit for the request. provided the taxpayer sends a written request to the address specified in the notice requesting an informal conference within 60 days after the taxpayer receives a notice of intent to assess or within 60 days of the date of issuance of a notice of denial of refund or a notice of audit refund. (b) A statement that the written request seeking an informal conference must include the taxpayer’s statement of the contested amounts and an explanation of the dispute. (2) The taxpayer shall be entitled to an informal conference with respect to a notice of intent to assess, a notice of denial of refund, or a notice of audit refund if a taxpayer or taxpayer representative does all of the following: (a) Serves written notice upon the department, to the address specified in the notice, of intent to assess, within 30 60 days after the taxpayer receives a the notice of intent to assess or within 60 days of the date of issuance of the notice of denial of refund, or notice of audit refund. The department will accept a United States postmarked certified or registered mail receipt as proof of service if the certified mail receipt number is listed on the written notice of appeal. (b) Remits the uncontested portion of the liability, if any, indicated in the notice in cash, by check payable to the "State of Michigan," or other means of payment. as otherwise indicated in the notice of intent to assess. (c) Provides a statement of the contested amounts and an explanation of the dispute. (3) If a taxpayer pays on the intent to assess in full before the scheduled informal conference is held in order to stop the accrual of interest, the taxpayer may preserve the right to dispute the assessment and raise whatever issues would have been raised had the assessment remained unpaid. At such time that a

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taxpayer requests an informal conference or at any time thereafter before the issuance of a decision and order by the department, a taxpayer who is contesting an intent to assess may by written notice sent to the hearings division, Austin Building, 430 West Allegan, Lansing, MI 48922, accompanied by payment of the contested amount, convert his or her contest to a claim for refund. The taxpayer preserves the right to address the issues raised in the intent to assess as if it remained unpaid and to have the matter resolved as a contested denial of refund. (4) A taxpayer who has made a timely request for an informal conference by complying with subrule (2) of this rule may, at any time before the issuance of a decision and order in the matter, withdraw the request by filing written notice to the hearings division, Austin Building, 430 West Allegan, Lansing, MI 48922. Upon receipt of the request for withdrawal, the department shall issue a decision and order and, where appropriate, a final assessment from which the taxpayer may seek appeal. (4) (5) If the taxpayer complies with the provisions of subrule (2) of this rule, the department shall respond, in writing, by acknowledging the request. If a taxpayer does not satisfy all of the conditions specified in subrule (2) of this rule, the department shall inform the taxpayer, in writing, of that fact and shall advise the taxpayer that the taxpayer is not entitled to an informal conference. R 205.1009 Time and place of informal conference; requests to change time and place. Rule 9. (1) The department shall set the informal conference at a mutually convenient or reasonable time and place. This rule establishes general principles for the department to apply in determining whether a particular time and place for an informal conference are mutually convenient or reasonable. The department shall exercise sound judgment in applying the principles. (2) It is reasonable for the time of an informal conference to be set during the regular business hours of the department and during regular working days of the department. The regular business hours of the department are 8 a.m. to 5 p.m., Monday through Friday, except legal holidays or other days that the department is closed. (3) It is reasonable for the department to schedule informal conferences throughout the year without regard to seasonal fluctuations in the businesses of particular taxpayers or taxpayer representatives. However, the department will shall work with taxpayers or taxpayer representatives to try to minimize any adverse effects that may arise in scheduling an informal conference. (4) It is reasonable for the The department to shall schedule the place of an informal conference at a location that is available to the department and that has adequate resources for the safe, proper, and efficient handling of an informal conference. The department’s shall make an initial determination of the place for an informal conference is based upon all of the following considerations: the requirements of fair and efficient tax administration and the availability of conducting the informal conference by telecommunications. (a) The location of the taxpayer or taxpayer representative. (b) The location of department employees. (c) The distance that either a taxpayer or department employee would have to travel to attend. (d) The requirements of fair and efficient tax administration. (5) The department shall resolve a A request by a taxpayer or taxpayer representative to change the place or date of an informal conference will be resolved on a case-by-case basis taking into consideration all of the following factors: (a) The location of the taxpayer. (b) The location of the taxpayer representative, if applicable. (c) The location at which the department can conduct the informal conference most efficiently. (d) The department's resources available at the location to which the taxpayer has requested a transfer.

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(e) (a) The availability of conducting the informal conference by telecommunications. (f) (b) Whether this is the first request to change the time and place of an informal conference. (g) (c) The reasonableness of the reasons offered. (h) (d) Factors which that indicate that holding the informal conference could pose an undue inconvenience to the taxpayer. (i) (e) Factors that indicate that holding the informal conference would fulfill the requirements of fair and efficient tax administration. (6) Nothing in this rule shall be interpreted as precluding the department from initiating the transfer of rescheduling an informal conference if the transfer it would promote the effective and efficient conduct of the informal conference. If a taxpayer requests that the informal conference not be rescheduled, a transfer not be made, then the department will shall consider the request according to the provisions of subrule (5) of this rule. (7) If a request to change the time and place of a scheduled informal conference is denied, then the informal conference shall be at the time and place as established by the department. R 205.1010 Informal conference generally. Rule 10. (1) The purpose of the informal conference is to informally discuss the positions of the parties, more thoroughly narrow the issues that may not be capable of resolution at this level, and present arguments to the referee in support of the parties' positions, to permit the referee to make a recommendation to the commissioner treasurer. (2) The informal conference is not a contested case proceeding and is not subject to the provisions of the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. Act No. 306 of the Public Acts of 1969, as amended, being § 24.201 et seq. of the Michigan Compiled Laws. The provisions of the open meetings act, 1976 PA 267, MCL 15.261 to 15.275 Act No. 267 of the Public Acts of 1976, being § 15.261 et seq. of the Michigan Compiled Laws do not apply. (3) The department will shall provide the taxpayer or taxpayer representative a written notice of the assignment of the informal conference to a referee. (4) The department shall provide written notice of the time and place of the informal conference by certified mail. The department shall provide tThe notice shall be provided not less than 20 days before the informal conference. The notice shall specify whether the conference will address a notice of intent to assess, a notice of denial of refund, or a notice of audit refund, the type of tax, and the tax year period that is the subject of the informal conference. The department shall explain the nature of the informal conference and advise that the final determination will be made by the commissioner treasurer. (5) At the beginning of the informal conference, the referee shall ascertain whether any portion of the tax dispute has been resolved. If the parties resolve any portion of the tax dispute at any time after the tax dispute has been assigned to a referee, but before the commissioner treasurer has issued a decision and order, the parties shall notify the commissioner or an authorized representative of the commissioner referee assigned to conduct the informal conference. (6) The referee shall conduct the informal conference in an informal manner that facilitates the exchange of information needed to review and, where applicable, to resolve the tax dispute. The referee shall hear and receive testimony. Generally, testimony is not taken under oath, although matters alleged as fact may be submitted in the form of affidavits or may be declared to be true under penalties of perjury. The department shall provide the reasons and authority for the proposed assessment. The parties shall discuss their respective positions with a view to narrowing the issues and shall present arguments based upon the law in support of their respective positions.

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(7) Instead of attending the informal conference, the parties have the option to may have the dispute reviewed and resolved based upon a written statement that contains the facts, a discussion of the law, and the legal arguments that the parties would have presented had they attended the informal conference. A party that chooses to have a dispute reviewed in this manner shall so advise the referee as early as possible in advance of the scheduled informal conference. (8) A taxpayer may request that an informal conference be conducted by telecommunications. The commissioner department may require an informal conference by telecommunication, if required for fair and efficient tax administration. (9) If an informal conference is conducted by telecommunications, the referee shall identify all persons, by name and title, and shall ask whether any participant is recording the informal conference and whether any participant objects to the recording of the informal conference. (10) If a taxpayer or taxpayer representative fails to appear at a scheduled informal conference without permission to change the time and place, then the referee shall proceed in the absence of that party and the referee shall prepare a recommendation based upon the information available. (11) A formal record of the informal conference is not made. A taxpayer at whose request the informal conference is being held or the department may make a sound recording of the informal conference at the recording party's expense. The taxpayer or department employee who makes the sound recording shall give advance written notice of not less than 7 days to the opposing party and to the referee. The authorization to make a sound recording of the informal conference does not include authorization to make a video recording. R 205.1011 Informal conference; referee recommendation; decision and order of commissioner treasurer following informal conference. Rule 11. (1) After reviewing the testimony, evidence, comments, and, if applicable, written submissions at an informal conference, the referee will shall prepare a written recommendation to the commissioner treasurer. (2) The commissioner treasurer or an authorized representative of the commissioner treasurer shall review the recommendation and shall issue a written decision and order of determination. In the written decision and order of determination, the commissioner treasurer, or an authorized representative of the treasurer, shall do either of the following: (a) Accept the recommendation of the referee. (b) Reject the recommendation of the referee, in whole or part, with a written rebuttal explanation of the reasons for rejecting the recommendation of the referee. (3) The decision and order of determination shall contain a statement of the reasons and authority for the decision and shall assess the tax, interest, and penalty found to be due and payable. The decision and order of determination shall be limited to the subject of the informal conference. Neither the taxpayer nor the department representative shall be provided an opportunity to review the recommendation of the referee and to file objections to the recommendation in advance of the issuance of the decision and order of determination by the commissioner treasurer or an authorized representative of the treasurer. There shall not be a rehearing of a decision and order of determination. (4) The department shall send, to the taxpayer, by certified mail if the taxpayer is not represented, or by first-class mail if the taxpayer is represented in the dispute, a copy of the recommendation, the decision and order of determination, and, if applicable, the rebuttal explanation. If a taxpayer is represented in the informal conference, the department shall send, by certified mail, to the taxpayer representative, a copy of the recommendation, the decision and order of determination, and, if applicable, the rebuttal explanation.

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(5) If the decision and order of determination affirms an intent to assess in whole or in part, the decision and order of determination must state that a notice of final assessment will be issued. The notice of final assessment must include a statement advising the taxpayer of the right to appeal. After the decision and order have been issued, a notice of final assessment shall be sent to the taxpayer. The notice of final assessment shall include a statement advising the taxpayer of the right to appeal. If the decision and order of determination confirms the denial of a refund, in whole or in part, the decision and order of determination must include a statement advising the taxpayer of the right to appeal. A decision and order of determination addressing audit refunds must include a statement advising the taxpayer of the right to appeal.

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NOTICE OF PUBLIC HEARING

MICHIGAN DEPARTMENT OF TREASURY

STATE TREASURER NOTICE OF PUBLIC HEARING

TAXPAYER BILL OF RIGHTS RULES

ADMINISTRATIVE RULES 2014-075 TY The Michigan Department of Treasury Bureau of Tax Policy will hold a public hearing at the following time and place to receive comments by interested persons on proposed amendments to the Taxpayer Bill of Rights Rules: Date: December 21, 2017 Time: 9:00 a.m. – Noon Location: State Treasurer’s Board Room, First Floor Richard H. Austin Building 430 West Allegan Street Lansing, Michigan 48922 The proposed amendments to the rules incorporate changes in the enabling statute (Revenue Act, MCL 205.1 et seq.) and provide guidance on designating authorized representatives and the disclosure of taxpayer information to third parties, including authorized representatives. The proposed amendments also provide guidance on designating a representative under MCL 205.8. The proposed amendments also contain standards a Department representative must follow when performing collection or audit procedures, e.g., shall not use collection goals or quotas during the conduct of an audit and shall fairly and consistently apply all statutes and rules to all taxpayers. These rules are promulgated by authority conferred on the Department of Treasury by sections 3, 4, 23, and 24 of 1941 PA 122, MCL 205.3, MCL 205.4, MCL 205.23, and MCL 205.24. These rules will become effective immediately upon filing with the Secretary of State. Interested parties may also submit written comments on the rules to the Department of Treasury, Bureau of Tax Policy, Tax Policy Division, Attn: Stewart Binke, 430 West Allegan St., Lansing, Michigan 48922, or by facsimile to 517-241-4267, or electronically to [email protected] by no later than 5:00 p.m. on December 21, 2017. The rules are published on the Michigan Government website at http://www.michigan.gov/orr and will be in the December 1, 2017 issue of the Michigan Register. Copies of the draft rules may also be obtained by mail or electronic request at the addresses above. Persons with disabilities requiring accommodation for effective participation in the hearing should telephone Stewart Binke at 517-373-9600 at least one week before the hearing.

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DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD STANDARDS

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 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 16 and 21 of 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-2, 2003-18 2003-1, 2008-4, and 2011-4, MCL 408.1016, 408.1021, 445.2001, 445.2011, 445.2025, and 445.2030) 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 408.18601, R 408.18602, and R 408.18605 of the Michigan Administrative Code are amended, and R 408.18610 is added, as follows:

PART 86. ELECTRIC POWER GENERATION, TRANSMISSION, AND DISTRIBUTION R 408.18601 Scope. Rule 8601. This standard establishes These rules establish the work practices to be used during the operation and maintenance of electrical power generation, transmission, and distribution facilities. These rules apply to all of the following: (a) Enclosed spaces. (b) Hazardous energy control. (c) Working near energized parts. (d) Grounding for employee protection. (e) Underground and overhead installations. (f) Line clearance tree trimming. (g) Substations and generating plants. (h) Other conditions and equipment unique to the generation, transmission, and distribution of electric energy. R 408.18602 Adoption of a federal standard. Rule 8602. (1) The federal Occupational Safety and Health Administration (OSHA) regulation provisions of 29 C.F.R. §1910.269, “Electric Power Generation, Transmission, and Distribution” and appendices, as amended October 5, 2015, except as amended in this rule, are adopted by reference in these rules. (2) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan Occupational Safety and Health Act, 1974 PA 154, MCL 408.1001 to 408.1094. A

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reference to C.F.R. §1910.5 “Applicability of standards,” means Michigan Occupational Safety and Health Act (MIOSHA) 1974 PA 154, MCL 408.1001 to 408.1094 (3) The availability information for the OSHA standard adopted in these rules is in R 408.18605 and MIOSHA standards referenced in these rules are in R 408.18610. A reference to C.F.R. §1910.12 “Construction work,” means Michigan Occupational Safety and Health Act (MIOSHA) 1974 PA 154, MCL 408.1001 to 408.1094. (4) The OSHA standards referenced in 1910.269 are listed in Table 1 with the equivalent MIOSHA standard. See Table 1. A reference to C.F.R. §1910.25 “Portable wood ladders,” means General Industry Safety Standard Part 4 “Portable Ladders,” as referenced in R 408.18605.

TABLE 1

OSHA REFERENCED STANDARDS MEANS THE FOLLOWING MIOSHA STANDARDS

1910.5 Applicability of standards MIOSHA 1974 PA 154, MCL 408.1001 to 408.1094

1910.12 Construction work MIOSHA 1974 PA 154, MCL 408.1001 to 408.1094.

1910.25 Stairways GISH 2 Walking-Working Surfaces

1910.26 Dockboards GISH 2 Walking-Working Surfaces

1910.97 Nonionizing radiation OH 382 Nonionizing Radiation,

1910.132 PPE, General requirements GISH 33 Personal Protective Equipment

1910.135 Head protection GISH 33 Personal Protective Equipment

1910.141 Sanitation OH 474 Sanitation

1910.145 Specifications for accident prevention signs and tags

GI 37 Accident Prevention Signs and Tags

1910.146 Permit-required confined space

GI 90 Permit-Required Confined Spaces

1910.147 Control of hazardous energy - lockout

GI 85 The Control of Hazardous Energy Sources

1910.151 Medical services and first aid

OH 472 Medical Services and First Aid

1910.243 Guarding of portable powered tools

GI 38 Hand and Portable Powered Tools

1910.266 Logging operations GI 51 Logging

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TABLE 1


1910.268 Telecommunications GISH 50 Telecommunications for General Industry

1910.302 Electric utilization systems GI 39 Design Safety Standards for Electrical Systems

1910.303 Electrical, General GI 39 Design Safety Standards for Electrical Systems

1910.304 Wiring design and protection

GI 39 Design Safety Standards for Electrical Systems

1910.305 Wiring methods, components, and equipment for general use


1910.306 Specific purpose equipment and installations


1910.307 Hazardous (classified) locations


1910.308 Special systems GI 39 Design Safety Standards for Electrical Systems

1910.331 Electrical, Scope GI 40 Electrical Safety-Related Work Practices

1910.332 Electrical, Training GI 40 Electrical Safety-Related Work Practices

1910.333 Selection and use of work practices

GI 40 Electrical Safety-Related Work Practices

1910.334 Use of equipment GI 40 Electrical Safety-Related Work Practices

1910.335 Safeguards for personnel protection


1910.1200 Hazard Communication GI 92 Hazard Communication

1910 Subpart D, Walking – Working Surfaces GISH 2 Walking-Working Surfaces

1910 Subpart I, Personal Protective Equipment

GISH 33 Personal Protective Equipment

1910 Subpart G, Occupational Health and Environmental Control

OH 380 Occupational Noise Exposure in General Industry

OH 382 Nonionizing Radiation OH 520 Ventilation Control

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TABLE 1


1910 Subpart N, Materials Handling and Storage means

GISH 1 General Provisions GI 13 Derricks GISH 18 Overhead and Gantry

Cranes GI 19 Crawler, Locomotive and

Truck Cranes GI 20 Underhung Cranes and

Monorail Systems GISH 21 Powered Industrial Trucks GI 49 Slings GI 59 Helicopters GI 72 Automotive Service Operation

1910 Subpart S, Electrical



1910 Subpart Z Toxic and Hazardous Substances

OH 301 Air Contaminants for General Industry

1926.54 Nonionizing radiation OH 681 Radiation of Construction: Ionizing and Nonionizing

1926.100 Head protection CS 6 Personal Protective Equipment

1926.200 Accident prevention signs and tags

CS 22 Signals, Signs, Tags, and Barricades

1926.950 Electric Power Transmission and distribution, General

CS 16 Power Transmission and Distribution

1926 Subpart P Excavations CS 9 Excavation, Trenching, and Shoring

1926 Subpart W Rollover Protective Structures; Overhead Protection

CS 13 Mobile Equipment

GI – means General Industry Safety Standard GISH – means General Industry Safety and Health Standard CS – means Construction Safety Standard OH – means Occupational Health Standard

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(5) A reference to C.F.R. §1910.26 “Portable metal ladders,” means General Industry Safety Standard Part 4 “Portable Ladders,” as referenced in R 408.18605. (6) A reference to C.F.R. §1910.67 “Vehicle-mounted elevating and rotating work platforms,” means General Industry Safety Standard Part 58 “Aerial Work Platforms,” as referenced in R 408.18605. (7) A reference to C.F.R. §1910.97 “Nonionizing radiation,” means Occupational Health Standard Part 382 “Nonionizing Radiation,” as referenced in R 408.18605. (8) A reference to C.F.R. §1910.135 “Head protection,” means General Industry Safety Standard Part 33 “Personal Protective Equipment,” as referenced in R 408.18605. (9) A reference to C.F.R. §1910.141 “Sanitation,” means Occupational Health Standard Part 474 “Sanitation,” as referenced in R 408.18605. (10) A reference to C.F.R. §1910.145 “Specifications for accident prevention signs and tags,” means General Industry Safety Standard Part 37 “Accident Prevention Signs and Tags,” as referenced in R 408.18605. (11) A reference to C.F.R. §1910.146 “Permit-required confined space,” means General Industry Safety Standard Part 90 “Permit-Required Confined Spaces,” as referenced in R 408.18605. (12) A reference to C.F.R. §1910.147 “Control of hazardous energy - lockout,” means General Industry Safety Standard Part 85 “The Control of Hazardous Energy Sources,” as referenced in R 408.18605. (13) A reference to C.F.R. §1910.151 “Medical services and first aid,” means Occupational Health Standard Part 472 “Medical Services and First Aid,” as referenced in R 408.18605. (14) A reference to C.F.R. §1910.243 “Guarding of portable powered tools,” means General Industry Safety Standard Part 38 “Hand and Portable Powered Tools,” as referenced in R 408.18605. (15) A reference to C.F.R. §1910.266 “Logging operations,” means General Industry Safety Standard Part 51 “Logging,” as referenced in R 408.18605. (16) A reference to C.F.R. §1910.302 “Electric utilization systems,” means General Industry Safety Standard Part 39 “Design Safety Standards for Electrical Systems,” as referenced in R 408.18605. (17) A reference to C.F.R. §1910.303 “General,” means General Industry Safety Standard Part 39 “Design Safety Standards for Electrical Systems,” as referenced in R 408.18605. (18) A reference to C.F.R. §1910.304 “Wiring design and protection,” means General Industry Safety Standard Part 39 “Design Safety Standards for Electrical Systems,” as referenced in R 408.18605. (19) A reference to C.F.R. §1910.305 “Wiring methods, components, and equipment for general use,” means General Industry Safety Standard Part 39 “Design Safety Standards for Electrical Systems,” as referenced in R 408.18605. (20) A reference to C.F.R. §1910.306 “Specific purpose equipment and installations,” means General Industry Safety Standard Part 39 “Design Safety Standards for Electrical Systems,” as referenced in R 408.18605. (21) A reference to C.F.R. §1910.307 “Hazardous (classified) locations,” means General Industry Safety Standard Part 39 “Design Safety Standards for Electrical Systems,” as referenced in R 408.18605. (22) A reference to C.F.R. §1910.308 “Special systems,” means General Industry Safety Standard Part 39 “Design Safety Standards for Electrical Systems,” as referenced in R 408.18605. (23) A reference to C.F.R. §1910.331 “Scope,” means General Industry Safety Standard Part 40 “Electrical Safety-Related Work Practices,” as referenced in R 408.18605. (24) A reference to C.F.R. §1910.332 “Training,” means General Industry Safety Standard Part 40 “Electrical Safety-Related Work Practices,” as referenced in R 408.18605. (25) A reference to C.F.R. §1910.333 “Selection and use of work practices,” means General Industry Safety Standard Part 40 “Electrical Safety-Related Work Practices,” as referenced in R 408.18605. (26) A reference to C.F.R. §1910.334 “Use of equipment,” means General Industry Safety Standard Part 40 “Electrical Safety-Related Work Practices,” as referenced in R 408.18605.

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(27) A reference to C.F.R. §1910.335 “Safeguards for personnel protection,” means General Industry Safety Standard Part 40 “Electrical Safety-Related Work Practices,” as referenced in R 408.18605. (28) A reference to C.F.R. §1910.1200 “Hazard Communication,” means General Industry Safety Standard Part 92 “Hazard Communication,” and Occupational Health Standard Part 430 “Hazard Communication,” as referenced in R 408.18605. (29) A reference to C.F.R. Part 1910 Subpart D, “Walking – Working Surfaces,” means all of the following MIOSHA standards: (a) General Industry Safety Standard Part 2 “Floor and Wall Openings, Stairways, and Skylights,” as referenced in R 408.18605. (b) General Industry Safety Standard Part 3 “Fixed Ladders,” as referenced in R 408.18605. (c) General Industry Safety Standard Part 4 “Portable Ladders,” as referenced in R 408.18605. (d) General Industry Safety Standard Part 5 “Scaffolding,” as referenced in R 408.18605. (30) A reference to C.F.R. Part 1910 Subpart I, “Personal Protective Equipment,” means General Industry Safety Standard Part 33 “Personal Protective Equipment,” as referenced in R 408.18605. (31) A reference to C.F.R. Part 1910 Subpart G, “Occupational Health and Environmental Control,” means all of the following MIOSHA standards: (a) Occupational Health Standard Part 380 “Occupational Noise Exposure in General Industry,” as referenced in R 408.18605. (b) Occupational Health Standard Part 382 “Nonionizing Radiation,” as referenced in R 408.18605. (c) Occupational Health Standard Part 520 “Ventilation Control,” as referenced in R 408.18605. (32) A reference to C.F.R. Part 1910 Subpart N, “Materials Handling and Storage,” means all of the following MIOSHA standards: (a) General Industry Safety Standard Part 1 “General Provisions,” as referenced in R 408.18605. (b) General Industry Safety Standard Part 13 “Derricks,” as referenced in R 408.18605. (c) General Industry Safety Standard Part 18 “Overhead and Gantry Cranes,” as referenced in R 408.18605. (d) General Industry Safety Standard Part 19 “Crawler, Locomotive and Truck Cranes,” as referenced in R 408.18605. (e) General Industry Safety Standard Part 20 “Underhung Cranes and Monorail Systems,” as referenced in R 408.18605. (f) General Industry Safety Standard Part 21 “Powered Industrial Trucks,” as referenced in R 408.18605. (g) General Industry Safety Standard Part 49 “Slings,” as referenced in R 408.18605. (h) General Industry Safety Standard Part 59 “Helicopters,” as referenced in R 408.18605. (i) General Industry Safety Standard Part 72 “Automotive Service Operations,” as referenced in R 408.18605. (33) A reference to C.F.R. Part 1910 Subpart S, “Electrical,” means both of the following MIOSHA standards: (a) General Industry Safety Standard Part 39 “Design Safety Standards for Electrical Systems,” as referenced in R 408.18605. (b) General Industry Safety Standard Part 40 “Electrical Safety-Related Work Practices,” as referenced in R 408.18605.

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(34) A reference to C.F.R. Part 1910 Subpart Z “Toxic and Hazardous Substances,” means Occupational Health Standard Part 301 “Air Contaminants for General Industry,” as referenced in R 408.18605. (35) A reference to C.F.R. §1926.54 “Nonionizing radiation,” means Occupational Health Standard Part 681 “Radiation of Construction: Ionizing and Nonionizing,” as referenced in R 408.18605. (36) A reference to C.F.R. §1926.100 “Head protection,” means Construction Safety Standard Part 6 “Personal Protective Equipment,” as referenced in R 408.18605. (37) A reference to C.F.R. §1926.200 “Accident prevention signs and tags,” means Construction Safety Standard Part 22 “Signals, Signs, Tags, and Barricades,” as referenced in R 408.18605. (38) A reference to C.F.R. §1926.502 “Fall protection systems criteria and practices,” means Construction Safety Standard Part 45 “Fall Protection,” as referenced in R 408.18605. (39) A reference to C.F.R. §1926.960 “Definitions applicable to Subpart V Power Transmission and Distribution,” means Construction Safety Standard Part 16 “Power Transmission and Distribution,” as referenced in R 408.18605. (40) A reference to C.F.R. Part 1926 Subpart M “Fall Protection,” means Construction Safety Standard Part 45 “Fall Protection,” as referenced in R 408.18605. (41) A reference to C.F.R. Part 1926 Subpart P “Excavations,” means Construction Safety Standard Part 9 “Excavation, Trenching, and Shoring,” as referenced in R 408.18605. (42) A reference to C.F.R. Part 1926 Subpart W “Rollover Protective Structures; Overhead Protection,” means Construction Safety Standard Part 13 “Mobile Equipment,” as referenced in R 408.18605. R 408.18605 Availability of OSHA adopted standard. Adopted and referenced standards. Rule 8605. (1) The standard adopted in these rules provisions of 29 C.F.R. §1910.269 “Electric Power Generation, Transmission, and Distribution” as revised April 11, 2014, are adopted by reference in these rules, except as noted in R 408.18602. This standard is available from the United States Department of Labor, Occupational Safety and Health Administration website: www.osha.gov, at no charge, as of the time of adoption of these rules. (2) The standard adopted in these rules is available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, 7150 Harris Drive, Lansing, Michigan, 48909-8143. (3) Copies of the The standard adopted in these rules may be obtained from the publisher or may be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling. (4) The Michigan occupational safety and health standards (MIOSHA) referenced in these rules are available at up to 5 copies of these standards at no charge from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 7150 Harris Drive, P.O. Box 30643, Lansing, MI, 48909-8143 or via the internet at website: www.michigan.gov/miohastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page. (5) The following MIOSHA construction safety standards (CS) are referenced in these rules: (a) CS Part 6 “Personal Protective Equipment,” R 408.40601 to R 408.40641. (b) CS Part 9 “Excavation, Trenching, and Shoring,” R 408.40901 to R 408.40953. (c) CS Part 13 “Mobile Equipment,” R 408.41301. (d) CS Part 16 “Power Transmission and Distribution,” R 408.41601 to R 408.41658. (e) CS Part 22 “Signals, Signs, Tags, and Barricades,” R 408.42201 to R 408.42243. (f) CS Part 45 “Fall Protection,” R 408.44501 to R 408.44502.

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(6) The following MIOSHA general industry safety standards (GI) are referenced in these rules: (a) GI Part 1 “General Provisions,” R 408.10001 to R 408.10098. (b) GI Part 2 “Floor and Wall Openings Stairways and Skylights,” R 408.10201 to R 408.10241. (c) GI Part 3 “Fixed Ladders,” R 408.10301 to R 408.10372. (d) GI Part 4 “Portable Ladders,” R 408.10401 to R 408.10456. (e) GI Part 5 “Scaffolding,” R 408.10501 to R 408.10592. (f) GI Part 13 “Derricks,” R 408.11301. (g) GI Part 18 “Overhead and Gantry Cranes,” R 408.11801 to R 408.11875. (h) GI Part 19 “Crawler, Locomotive and Truck Cranes,” R 408.11901 to R 408.11972. (i) GI Part 20 “Underhung Cranes and Monorail Systems,” R 408.12001 to R 408.12045. (j) GI Part 21 “Powered Industrial Trucks,” R 408.12101 to R 408.12193. (k) GI Part 33 “Personal Protective Equipment,” R 408.13301 to R 408.13398. (l) GI Part 37 “Accident Prevention Signs and Tags,” R 408.13701 to R 408.13736. (m) GI Part 38 “Hand and Portable Powered Tools,” R 408.13801 to R 408.13882. (n) GI Part 39 “Design Safety Standards for Electrical Systems,” R 408.13901 to R 408.13902. (o) GI Part 40 “Electrical Safety-Related Work Practices,” R 408.14001 to R 408.14009. (p) GI Part 49 “Slings,” R 408.14901 to R 408.14965. (q) GI Part 51 “Logging,” R 408.15101 to R 408.15181. (r) GI Part 58 “Aerial Work Platforms,” R 408.15801 to R 408.15842. (s) GI Part 59 “Helicopters,” R 408.15901 to R 408.15931. (t) GI Part 72 “Automotive Service Operations,” R 408.17201 to R 408.17253. (u) GI Part 85 “The Control of Hazardous Energy Sources,” R 408.18501 to R 408.18599. (v) GI Part 90 “Permit-Required Confined Spaces,” R 408.19001 to R 408.19002. (w) GI Part 92 “Hazard Communication,” R 408.19201 to R 408.19204. (7) The following MIOSHA occupational health standards (OH) are referenced in these rules: (a) OH Part 301 “Air Contaminants for General Industry,” R 325.51101 to R 325.51108. (b) OH Part 380 “Occupational Noise Exposure in General Industry,” R 325.60101 to R 325.60128. (c) OH Part 382 “Nonionizing Radiation,” R 325.60701 to R 325.60704. (d) OH Part 430 “Hazard Communication,” R 325.77001 to R 325.77004. (e) OH Part 472 “Medical Services and First Aid,” R 325.47201. (f) OH Part 474 “Sanitation,” R 325.47401 to R 325.47427. (g) OH Part 520 “Ventilation Control,” R 325.52001 to R 325.52012. (h) OH Part 681 “Radiation of Construction: Ionizing and Nonionizing,” R 325.68101 to R 325.68102. (4) (8) The appendices to these rules are informational only and are not intended to create any additional obligations or requirements not otherwise imposed by these rules or to detract from any established obligations or requirements. R 408.18610 Availability of MIOSHA referenced standards. Rule 8610. (1) The Michigan Occupational Safety and Health Administration (MIOSHA) standards referenced in these rules are available at up to 5 copies of these standards at no charge from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page. (2) The following MIOSHA Construction Safety Standards (CS) are referenced in these rules: (a) CS Part 6 “Personal Protective Equipment,” R 408.40601 to R 408.40641.

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(b) CS Part 9 “Excavation, Trenching, and Shoring,” R 408.40901 to R 408.40953. (c) CS Part 13 “Mobile Equipment,” R 408.41301. (d) CS Part 16 “Power Transmission and Distribution,” R 408.41601 to R 408.41658. (e) CS Part 22 “Signals, Signs, Tags, and Barricades,” R 408.42201 to R 408.42243. (3) The following MIOSHA General Industry Safety Standards (GI) are referenced in these rules: (a) GI Part 13 “Derricks,” R 408.11301. (b) GI Part 19 “Crawler, Locomotive and Truck Cranes,” R 408.11901 to R 408.11972. (c) GI Part 20 “Underhung Cranes and Monorail Systems,” R 408.12001 to R 408.12045. (d) GI Part 37 “Accident Prevention Signs and Tags,” R 408.13701 to R 408.13736. (e) GI Part 38 “Hand and Portable Powered Tools,” R 408.13801 to R 408.13882. (f) GI Part 39 “Design Safety Standards for Electrical Systems,” R 408.13901 to R 408.13902. (g) GI Part 40 “Electrical Safety-Related Work Practices,” R 408.14001 to R 408.14009. (h) GI Part 49 “Slings,” R 408.14901 to R 408.14965. (i) GI Part 51 “Logging,” R 408.15101 to R 408.15181. (j) GI Part 59 “Helicopters,” R 408.15901 to R 408.15931. (k) GI Part 72 “Automotive Service Operations,” R 408.17201 to R 408.17253. (l) GI Part 85 “The Control of Hazardous Energy Sources,” R 408.18501 to R 408.18599. (m) GI Part 90 “Permit-Required Confined Spaces,” R 408.19001 to R 408.19002. (n) GI Part 92 “Hazard Communication,” R 408.19201 to R 408.19204. (4) The following MIOSHA General Industry Safety and Health Standards (GISH) are referenced in these rules: (a) GISH Part 1 “General Provisions,” R 408.10001 to R 408.10098. (b) GISH Part 2 “Walking-Working Surfaces,” R 408.10201 to R 408.10241. (c) GISH Part 18 “Overhead and Gantry Cranes,” R 408.11801 to R 408.11875. (d) GISH Part 21 “Powered Industrial Trucks,” R 408.12101 to R 408.12193. (e) GISH Part 33 “Personal Protective Equipment,” R 408.13301 to R 408.13398. (f) GISH Part 50 “Telecommunications for General Industry,” R 408.15001 to R 408.15004. (5) The following MIOSHA Occupational Health Standards (OH) are referenced in these rules: (a) OH Part 301 “Air Contaminants for General Industry,” R 325.51101 to R 325.51108. (b) OH Part 380 “Occupational Noise Exposure in General Industry,” R 325.60101 to R 325.60128. (c) OH Part 382 “Nonionizing Radiation,” R 325.60701 to R 325.60704. (d) OH Part 472 “Medical Services and First Aid,” R 325.47201. (e) OH Part 474 “Sanitation,” R 325.47401 to R 325.47427. (f) OH Part 520 “Ventilation Control,” R 325.52001 to R 325.52012. (g) OH Part 681 “Radiation of Construction: Ionizing and Nonionizing,” R 325.68101 to R 325.68102.

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DIRECTOR'S OFFICE

GENERAL INDUSTRY SAFETY AND HEALTH STANDARD STANDARDS

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 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 16 and 21 of 1974 PA 154, MCL 408.1016 and 408.1021, 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 408.10501, R 408.10502, R 408.10503, R 408.10504, R 408.10505, R 408.10506, R 408.10507, R 408.10508, R 408.10509, R 408.10561, R 408.10564, R 408.10565, R 408.10568, R 408.10571, R 408.10573, R 408.10575a, R 408.10575b, R 408.10575c, R 408.10575e, R 408.10582, and R 408.10592 of the Michigan Administrative Code are amended, R 408.10518 and Appendix D are added, and R 408.10511, R 408.10512, R 408.10513, R 408.10521, R 408.10522, R 408.10523, R 408.10524, R 408.10525, R 408.10526, R 408.10527, R 408.10528, R 408.10529, R 408.10530, R 408.10531, R 408.10532, R 408.10533, R 408.10534, R 408.10535, R 408.10541, R 408.10542, R 408.10543, R 408.10544, R 408.10545, R 408.10546, R 408.10548, R 408.10549, and R 408.10550 are rescinded, as follows: Compiler’s Note: R 408.10561, R 408.10564, and R 408.10571 are not being revised. These rules are included in the proposed rule set to show the placement of subparts as they appear in the current rule set. These subparts are being deleted.

PART 5. POWERED PLATFORMS FOR BUILDING MAINTENANCE SCAFFOLDINGGENERAL PROVISIONS

GENERAL PROVISIONS

R 408.10501 Scope. Rule 501. (1) This standard covers powered platform installations permanently dedicated to interior or exterior building maintenance of a specific structure or group of structures. Building maintenance includes, but is not limited to, such tasks as window cleaning, caulking, metal polishing and re-glazing. This standard applies to scaffolds and the use of material and equipment in conjunction with scaffolding around or about places of employment. (2) This standard does not apply to suspended scaffolds or swinging scaffolds used to service buildings on a temporary basis and covered under General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” nor to suspended scaffolds used for construction work and

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covered under Construction Safety Standard Part 12 “Scaffolds and Scaffold Platforms,” and Construction Safety Standard Part 32 “Aerial Work Platforms,” as referenced in R 408.10509. (3) (2) Powered and manual mobile elevating platforms and self-propelled vehicle mounted elevating and rotating platforms are not included in these rules but are provided for in General Industry Safety and Health Standard Part 58 “Aerial Work Platforms,” as referenced in R 408.10509. (4) Scaffolds are not included in these rules but are provided for in General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” as referenced in R 408.10509. R 408.10502 Applicability for powered platforms. Rule 502. (1) Permanent installations in existence and or completed before July 23, 1990 shall comply with R 408.10574(2), R 408.10578 to R 408.10582, R 408.10585 to R 408.10592 and Appendix C of General Industry Safety and Health Standard Part 33 “Personal Protective Equipment,” as referenced in R 408.10509. (2) (1) These rules apply to all new permanent installations for powered platforms and modifications to existing buildings that affect the structural integrity of the building exterior, tie-in guides and attachments, and the supporting structure for the powered platforms. (3) (2) Employers shall ensure compliance with these rules for any powered platform that is powered by a source other than electricity except for those rules that govern the electrical power source. The alternative power source shall be outfitted with protective devices that are equivalent to the protection that is provided by rules pertaining to an electrical power source. (3) Scaffolds that are not covered by this standard shall be as safe or safer for employees as scaffolds that are regulated by these rules. (4) Permanent installations shall be in compliance with the provisions of Appendix D “Existing Installations – Mandatory.” (5) The following standards are referenced in Appendix D and adopted in R 408.40509. (a) ANSI A120.1 "Safety Requirements for Powered Platforms for Exterior Building Maintenance” 1970 edition. (b) Subpart S means General Industry Safety Standard Part 39 “Design Safety Standards for Electrical Systems." (c) ANSI A12.1 "Safety Requirements for Floor and Wall Openings, Railings and Toeboard” 1967 edition. R 408.10503 Definitions; A to D. Rule 503. (1) "Anemometer" means an instrument for measuring wind velocity. (2) "Angulated roping" means a suspension method where the upper point of suspension is inboard from the attachments on the suspended unit, thus causing the suspended unit to bear against the face of the building. (3) "Bearer," sometimes called a "putlog," means a bearing cross member that supports the floor of a scaffold. (4) "Boatswain's chair" means a seat that is supported by slings which are attached to a suspended rope. (5) "Bricklayer's square scaffold" means a scaffold that is composed of framed wood squares which support a platform. (3) (6) "Building face roller" means a rotating cylindrical member that is designed to ride on the face of the building wall to prevent the platform from abrading the face of the building and to assist in stabilizing the platform. (4) “Building maintenance” means operations such as window cleaning, caulking, metal polishing, re-glazing, and general maintenance on building surfaces.

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(5) “Cable” means a conductor, or group of conductors, enclosed in a weatherproof sheath, that may be used to supply electrical power or control current, or both, for equipment or to provide voice communication circuits. (6) “Carriage” means a wheeled vehicle used for the horizontal movement and support of other equipment. (7) “Certification” means a written, signed, and dated statement confirming the performance of a requirement of this standard. "Carpenter's bracket scaffold" means a scaffold which is triangular in shape and which is made of wood or metal brackets that are secured to a structure to hold a platform. (8) “Combination cable” means a cable having both steel structural members capable of supporting the platform, and copper or other electrical conductors insulated from each other and the structural members by nonconductive barriers. "Coupler" means a device which is made of drop-forged steel, malleable iron, structural grade aluminum, or a material of equivalent strength and which is used to lock or join component parts of a tubular scaffold. (9) “Competent person” means a person who, because of training and experience, is capable of identifying hazardous or dangerous conditions in powered platform installations and of training employees to identify such conditions. "Crawling board" means a plank which has cleats that are spaced and secured at equal intervals for use on roofs, but which is not designed to hold or carry material. (10) “Continuous pressure” means the need for constant manual actuation for a control to function. (11) “Control” means a mechanism used to regulate or guide the operation of the equipment. (12) (10) "Davit" means a device that which is used singly or in pairs and that which is for suspending a powered platform from work, storage, or rigging locations on the building being serviced. Unlike outriggers, a davit reacts its operating load into a single roof socket or carriage attachment. R 408.10504 Definitions; E F to L. Rule 504. (1) “Equivalent” means alternative designs, materials, or methods that the employer can demonstrate will provide an equal or greater degree of safety for employees than the methods, materials, or designs specified in the standard. "Fall prevention device" means a mechanism attached to a lifeline which will stop uncontrolled descent if an employee falls from an elevated position. (2) “Ground rigging” means a method of suspending a working platform starting from a safe surface to a point of suspension above the safe surface. "Heavy duty scaffold" means a scaffold designed and constructed to carry a uniformly distributed load of 75 pounds per square foot. (3) “Ground rigged davit” means a davit that cannot be used to raise a suspended working platform above the building face being serviced. "Horse scaffold" means a scaffold in which the platform or floor is supported by saw horses. (4) “Guide button” means a building face anchor designed to engage a guide track mounted on a platform. "Independent pole scaffold" means a scaffold having a platform supported by ledgers attached at both ends to solid uprights independent of other support. (5) “Guide roller” means a rotating cylindrical member, operating separately or as part of a guide assembly, designed to provide continuous engagement between the platform and the building guides or guideways. "Interior hung scaffold" means a scaffold suspended inside a building from the ceiling or roof structure. (6) “Guide shoe” means a device attached to the platform designed to provide a sliding contact between the platform and the building guides. "Ladder jack scaffold" means a platform supported by metal brackets attached to the rungs or rails of a ladder.

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(7) “Hoisting machine” means a device intended to raise and lower a suspended or supported unit. "Ledger" means a horizontal support extending from post to post at right angles to the bearer and supports the bearer. (8) “Hoist rated load” means the hoist manufacturer's maximum allowable operating load. "Light duty scaffold" means a scaffold designed and constructed to carry a uniformly distributed load of 25 pounds per square foot. (9) “Installation” means all the equipment and all affected parts of a building that are associated with the performance of building maintenance using powered platforms. (10) “Interlock” means a device designed to ensure that operations or motions occur in proper sequence. (11) “Intermittent stabilization” means a method of platform stabilization in which the angulated suspension wire rope or ropes are secured to regularly spaced building anchors. (12) “Lanyard” means a flexible line of rope, wire rope, or strap that is used to secure the body belt or body harness to a deceleration device, lifeline, or anchorage. (13) “Lifeline” means a component consisting of a flexible line for connection to an anchorage at 1 end to hang vertically, vertical lifeline, or for connection to anchorages at both ends to stretch horizontally, horizontal lifeline, and which serves as a means for connecting other components of a personal fall arrest system to the anchorage. (14) “Live load” means the total static weight of workers, tools, parts, and supplies that the equipment is designed to support. R 408.10505 Definitions; M, O. M to O. Rule 505. (1) "Maximum intended load" means the total weight of the employees, materials, equipment, and scaffold. (2) "Medium duty scaffold" means a scaffold designed and constructed to carry a uniformly distributed load of 50 pounds per square foot. (1) (3) "Mobile elevating platform" means a type of freestanding scaffolding that which can be manually moved horizontally from 1 area to another and raised or lowered manually or with power to predetermined heights. (2) “Obstruction detector” means a control that will stop the suspended or supported unit in the direction of travel if an obstruction is encountered, and will allow the unit to move only in a direction away from the obstruction. (3) “Operating control” means a mechanism regulating or guiding the operation of equipment that ensures a specific operating mode. (4) “Operating device” means a device actuated manually to activate a control. "Mobile scaffold" means a tube and coupler or welded frame type scaffold mounted on castors or wheels. (5) “Outrigger” means a device, used singly or in pairs, for suspending a working platform from work, storage, and rigging locations on the building being serviced. Unlike davits, an outrigger reacts its operating moment load as at least 2 opposing vertical components acting into 2 or more distinct roof points and or attachments. "Needle beam scaffold" means a platform which rests on 2 beams which are supported at the end by ropes. (6) "Nominal" means dressed sizes of lumber. (7) "Outrigger scaffold" means a scaffold supported by beams extending from a building and fastened to the framework or floor inside a building. R 408.10506 Definitions; P, R.

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Rule 506. (1) “Platform rated load” means the combined weight of workers, tools, equipment, and other material which is permitted to be carried by the working platform at the installation, as stated on the load rating plate. "Pick" means a scaffold platform that is manufactured, assembled, and sold as a ready-to-use item. (2) “Poured socket” means the method of providing wire rope terminations in which the ends of the rope are held in a tapered socket by means of poured spelter or resins. "Pinch point" means a point at which it is possible to be caught between the moving parts of a machine or between moving and stationary parts of a machine. (3) "Plank" means a piece of lumber, as prescribed in R 408.10512, which is sold by a lumber dealer and which does not have stringers or cross braces when purchased. (4) "Powered hoisting machine" means a mechanical, electrical, hydraulic, or pneumatically operated device that is used to raise or lower a swing or suspension scaffold or a mobile elevating platform. (3) (5) "Powered platform" means scaffolding equipment that consists of a permanently installed, power-operated working platform and a roof car or other suspension means. (4) “Primary brake” means a brake designed to be applied automatically whenever power to the prime mover is interrupted or discontinued. (5) “Prime mover” means the source of mechanical power for a machine. (6) “Rated load” means the manufacturer's recommended maximum load. (7) “Rated strength” means the strength of wire rope, as designated by its manufacturer or vendor, based on standard testing procedures or acceptable engineering design practices. (8) “Rated working load” means the combined static weight of persons, materials, and suspended or supported equipment. (9) (6) "Registered professional engineer" means a person who has been duly and currently registered and who is licensed by an authority within the United States or its territories to practice the profession of engineering. (7) "Roof bracket" means a bracket which is used on a slope roof to support a plank and which can be fastened to the roof or secured by ropes over the ridge to a fixed object. (10) (8) "Roof car" means a structure that which is for suspending a working platform and that which provides for the platform's horizontal movement to work positions. (11) “Roof powered platform” means a working platform where the hoist or hoists used to raise or lower the platform is located on the roof. (12) “Roof rigged davit” means a davit used to raise the suspended working platform above the building face being serviced. This type of davit can also be used to raise a suspended working platform that has been ground-rigged. (13) “Rope” means the equipment used to suspend a component of an equipment installation, such as wire rope. R 408.10507 Definitions; S. Rule 507. (1) “Safe surface” means a horizontal surface intended to be occupied by personnel, which is so protected by a fall protection system that it can be reasonably assured that said occupants will be protected against falls. (2) (1) "Safety factor" means a ratio of the breaking strength of a piece of material or object to the maximum designed load or stress that is applied when in use. (3) (2) "Scaffold" means an elevated work platform that which is for supporting both employees and materials and that which is temporary in nature. (3) "Scaffold ladder" means a type of ladder that is attached to scaffolding for access to the platform.

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(4) “Secondary brake” means a brake designed to arrest the descent of the suspended or supported equipment in the event of an overspeed condition. "Single-pole scaffold" means a scaffold that has a platform which is supported by ledgers attached to a row of solid uprights at 1 end and a wall or building at the other end. (5) “Self-powered platform” means a working platform where the hoist or hoists used to raise or lower the platform is mounted on the platform. "Stability factor" means the ratio of the stabilizing moment to the overturning moment. (6) “Speed reducer” means a positive type speed reducing machine. Stabilizer tie" means a flexible line that connects the building anchor and the suspension wire rope which supports the platform. (7) “Stability factor” means the ratio of the stabilizing moment to the overturning moment. . "Suspension scaffold" means a platform that is supported by bearers with each bearer supported at 2 or more points by wire rope from thrustouts that are arranged and operated to permit the raising and lowering of the platform. (8) “Stabilizer tie” means a flexible line connecting the building anchor and the suspension wire rope supporting the platform. "Swing scaffold" means a platform which is supported by hangers at not more than 2 points and which is suspended from overhead supports to permit the raising and lowering of the platform. (9) “Supported equipment” means building maintenance equipment that is held or moved to its working position by means of attachment directly to the building or extensions of the building being maintained (10) “Suspended equipment” means building maintenance equipment that is suspended and raised or lowered to its working position by means of ropes or combination cables attached to some anchorage above the equipment. (11) “Suspended scaffold”, also known as swinging scaffold, means a scaffold supported on wire or other ropes, used for work on, or for providing access to, vertical sides of structures on a temporary basis. Such scaffold is not designed for use on a specific structure or group of structures. R 408.10508 Definitions; T to W. T, W. Rule 508. (1) “Tail line” means the non-supporting end of the wire rope used to suspend the platform. "Thrustout," sometimes called an "outrigger," means a beam that extends out from a building to support a scaffolding platform. (2) "Tie-in guides" means the portion of a building that provides continuous positive engagement between the building and a suspended or supported unit during its vertical travel on the face of the building. (3) “Traction hoist” means a type of hoisting machine that does not accumulate the suspension wire rope on the hoisting drum or sheave, and is designed to raise and lower a suspended load by the application of friction forces between the suspension wire rope and the drum or sheave. "Tube and coupler-type scaffold" means an assembly of tubing that serves as posts, bearers, ledgers, braces, and special couplers which serve to connect the various parts. (4) “Transportable outriggers” means outriggers designed to be moved from 1 work location to another. "Welded frame-type scaffold" means a sectional or frame scaffold that is built up of prefabricated welded sections which consists of posts and intermediate members connected by braces. (5) “Trolley carriage” means a carriage suspended from an overhead track structure. "Window jack scaffold" means a platform which extends through a window opening and which is secured to the structure and supported by braces.

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(6) “Verified” means accepted by design, evaluation, or inspection by a registered professional engineer. "Wire rope scaffold" means a scaffold that consists of 2 lengths of wire rope strung between building structural members upon which a plank with a standard barrier is supported for special usage in servicing unlimited areas where the use of a conventional scaffold is not practical. (7) “Weatherproof” means so constructed that exposure to adverse weather conditions will not affect or interfere with the proper use or functions of the equipment or component. "Working load" means the total weight of employees, materials, and equipment. (8) “Winding drum hoist” means a type of hoisting machine that accumulates the suspension wire rope on the hoisting drum (9) (8) "Working platform" means suspended or supported equipment intended to provide access to the face of a building and manned by persons engaged in building maintenance. a suspended structure which is used for vertical travel and which either may be powered from a roof car or have its own raising and lowering powered mechanism. (10) “Wrap” means 1 complete turn of the suspension wire rope around the surface of a hoist drum. R 408.10509 Adopted and referenced standards. Rule 509. (1) The following standards standard, American National Society Institute (ANSI) Standard ANSI A120.1 ‘Safety Requirement for Powered Platforms for Exterior Building Maintenance,’ 1970 edition, also known as American Society of Mechanical Engineers (ASME) Standard ASME A120.1 ‘Safety Requirements Powered Platforms and Traveling Ladders and Gantries for Building Maintenance,’ 1970 edition is are adopted by reference in these rules and is are available from IHS Global, 15 Inverness Way East, Englewood, Colorado, 80112, USA, telephone number: 1-800-854-7179 or via the internet at website: www.global.ihs.com, at a cost at of the time of adoption of these rules of $20.00. rules, as stated in this subrule: (a) American National Society Institute (ANSI) Standard ANSI A120.1 ‘Safety Requirement for Powered Platforms for Exterior Building Maintenance,’ 1970 edition, also known as American Society of Mechanical Engineers (ASME) Standard ASME A120.1 ‘Safety Requirements Powered Platforms and Traveling Ladders and Gantries for Building Maintenance,’ 1970 edition. Cost $20.00. (b) ANSI A12.1 ‘Safety Requirements for Floor and Wall Openings, Railings and Toeboard,’ 1967 edition. Cost $20.00. (2) The standard standards adopted in these rules is are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143. (3) Copies of the standards The standard adopted in these rules may be obtained from the publisher or may be obtained from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling. (4) The following Michigan Occupational Safety and Health Administration occupational safety and health standards (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, services section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, at the time of adoption of these rules, is 4 cents per page. (a) General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” Standard Part 2 “Floor and Wall Openings, Stairways, and Skylights,” R 408.10201 to R 408.10241.

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(b) General Industry Safety Standard Part 3 “Fixed Ladders,” R 408.10301 to R 408.10372. (c) General Industry Safety Standard Part 4 “Portable Ladders,” R 408.10401 to R 408.10456. (b) (d) General Industry Safety Standard Part 7 “Guards for Power Transmission,” R 408.10701 to R 408.10765. (c) (e) General Industry Safety Standard Part 8 “Portable Fire Extinguishers,” R 408.10801 to R 408.10839. (f) General Industry Safety Standard Part 21 “Powered Industrial Trucks,” R 408.12101 to R 408.12193. (d) (g) General Industry Safety and Health Standard Part 33 “Personal Protective Equipment,” R 408.13301 to R 408.13398. (e) (h) General Industry Safety Standard Part 39 “Design Safety Standards for Electrical Systems,” R 408.13901 to R 408.13902. (f) (i) General Industry Safety and Health Standard Part 58 “Aerial Work Platforms,” R 408.15801 to R 408.15842. (g) Construction Safety Standard Part 12 “Scaffolds and Scaffold Platforms,” R 408.41201 to R 408.41264. (h) Construction Safety Standard Part 32 “Aerial Work Platforms,” R 408.43201 to R 408.43220. R 408.10518 Assurance. Rule 518. Building owners of all installations, new and existing, shall inform the employer in writing that the installation has been inspected, tested, and maintained in compliance with the requirements of R 408.10574(2), R 408.10578 to R 408.10582, and R 408.10585 to R 408.10589, and that all anchorages meet the requirements of R 408.13395a(14) of General Industry Safety and Health Standard Part 33 “Personal Protective Equipment" as referenced in R 408.10509. R 408.10511 General requirements. Rescinded. Rule 511. (1) When required by this part, a safety harness, lanyard, and lifeline shall be provided to employees and used as prescribed in General Industry Safety Standard Part 33 “Personal Protective Equipment," as referenced in R 408.10509. (2) Except where a ladder, as prescribed in General Industry Safety Standard Part 4 “Portable Ladders,” as referenced in R 408.10509, or a self-propelled vehicle mounted elevating platform is furnished, an employee engaged in work that cannot be done safely from the ground or from solid construction shall be provided a scaffold from which to work or shall wear a safety harness and lifeline. (3) A scaffold, part, or material used in scaffolding shall not be furnished or used if it has a defect that would create a hazard to an employee. A scaffold damaged or weakened from any cause shall be repaired before use. (4) A scaffold shall not be loaded to more than the designed working load. (5) Materials being hoisted to a scaffold shall have a tag line when necessary to control the load. (6) Tools, materials, and debris shall not be permitted to accumulate in a quantity to cause a hazard. (7) Precautions shall be taken to protect scaffold members, including suspension ropes, when using a heat producing process. (8) A lifeline and safety harness shall be used where an employee is required to crawl out on a thrust out or projecting beam. (9) An employer shall not permit an employee to work on a scaffold outdoors during a storm or high wind, or on a scaffold covered with ice or snow, except when performing emergency service. When performing emergency service, safeguards such as, but not limited to, lanyards and safety harnesses shall be used by the employee.

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(10) Scaffolding endangered by a truck or other moving equipment shall be protected by a warning device, or barrier, or both. (11) A scaffold shall not be altered or moved horizontally while it is in use or is being occupied unless the scaffold is specifically designed for occupied horizontal travel. (12) Fiber rope used for or near any work involving the use of corrosive substances or chemicals shall be treated or protected against deterioration. R 408.10512 Planking. Rescinded. Rule 512. (1) Planking shall be scaffold grade and capable of supporting the intended load. The maximum span for a 2- by 10-inch or wider plank shall be as prescribed in table 1. (2) Planking shall comply with all of the following: (a) Extend over the end bearer not less than 6 inches, but not more than 12 inches. (b) Be cleated or otherwise fastened to prevent shifting and be uniform in thickness, except where lapped as prescribed in subrule (3) of this rule. (c) Consist of not less than 2 2- by 10-inch wide boards. (3) Where planks are lapped, each plank shall lap its bearer not less than 6 inches, which will provide minimum overlap of 12 inches. (4) Where the ends abut each other, the butt joint shall be at the center line of a pole and rest on separate bearers. (5) A manufactured plank, or pick, shall be used as prescribed in the manufacturer's instructions. (6) Planks shall be laid with their edges close together so as to prevent material and tools from falling. (7) Where a scaffold turns a corner, the planks shall be laid to prevent tipping. The planks that meet the corner bearer at an angle shall be laid first, extending over the diagonally placed bearer far enough to have a good bearing, but not far enough to tip. The planks running in the different direction shall be laid so as to extend over and rest on the first layer of planks. (8) Table 1 reads as follows:

TABLE 1

Planking span Table

Material Full thickness

Undressed lumber Nominal thickness lumber

Working load (p.s.f.)

Permissible span (ft.)

20 50 75 25 50

10 8 6 8 7

R 408.10513 Construction. Rescinded. Rule 513. (1) A scaffold and its components shall have a designed safety factor of not less than 4 with the load figure including the total weight of materials, men, and scaffold. Load-carrying timber members for scaffold framing shall be not less than 1500 fiber, stress grade, construction grade lumber. (2) A scaffold, except a ladder scaffold, boatswain's chair, or needle beam scaffold, 10 feet or more above floor or ground level, shall have a standard barrier and toeboard pursuant to General Industry Safety Standard Part 2 "Floor and Wall Openings, Stairways, and Skylights," as referenced in R 408.10509. A life line and safety harness shall be used where a railing is required but not practical. (3) A scaffold over a walk, aisle, or work area shall have the sides screened from toeboard to the top rail where an employee is required to work or pass under the scaffold.

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(4) When work is being performed above a scaffold, overhead protection consisting of 2 inch planks laid tight, or equivalent material, shall be installed not more than 9 feet above the scaffold floor. (5) Where access is not available directly from a structure, a wood scaffolding shall have a stair to the platform or portable ladder pursuant to General Industry Safety Standard Part 4 “Portable Ladders,” or a fixed ladder pursuant to General Industry Safety Standard Part 3 “Fixed Ladders,” and as referenced in R 408.10509, except that a cage is not mandatory for the fixed ladder. Use of a stair or fixed ladder shall not have a tendency to tip the scaffold. (6) Manufactured scaffolding shall be equipped with a stair or a fixed ladder, mounted by a portable ladder, except that a cage is not mandatory for a fixed ladder. On manufactured scaffolding purchased after November 16, 1974, and equipped with a built-in fixed ladder or an attached scaffold ladder, the ladder shall be constructed of rungs not less than 12 inches long, uniformly spaced not less than 12 inches nor more than 16 1/2 inches from the center of 1 rung to another and the rung and component parts shall support a minimum of 300 pounds. (7) Instead of the requirements for a stair, fixed ladder, or portable ladder, the intermediate horizontal members of a frame of a manufactured tubular welded frame scaffold may be used for access to, and egress from, the work platform if all of the following conditions are met: (a) All frames and component parts are compatible in design. (b) The intermediate horizontal members of a frame are a minimum of 16 inches in length. (c) The horizontal members of each frame are uniformly spaced and do not exceed 17 inches center to center vertically. (d) When frames are connected vertically to one another, the distance between the bottom horizontal member of the upper end frame and the top horizontal member of the lower end frame is within 3 inches of the uniform spacing of the horizontal members of each frame. (e) The elevation to the lowest horizontal member of the bottom frame does not exceed 21 inches from ground or floor. (f) Each horizontal member is capable of supporting 300 pounds applied at the member's midpoint without bending or cracking. (g) Each horizontal member is inspected for, and found free of cracks, bends, or bad welds. (h) The guardrail system located on the side where horizontal members of the scaffold frame are used for access to or egress from, a work platform is constructed as follows: (i) The intermediate rail shall be omitted between the corner posts at access location. (ii) The top rail shall be continuous between posts. (iii) Only 1 employee at a time shall use a horizontal member of a frame as access to, or egress from, the workstation. (8) Footing for a scaffold is sound, rigid, and capable of supporting the maximum intended load without settling or displacement. Objects such as barrels, boxes, loose brick, or concrete blocks shall not be used. (9) Poles, legs, or uprights of a scaffold is plumb and secured or braced to prevent swaying or displacement. (10) Load-carrying timber members of a scaffold are a minimum of 1500 fiber, stress grade, construction grade lumber. (11) Construction and attachment of a scaffold is such that there is no direct pull on the fasteners.

BUILT-UP SCAFFOLDS R 408.10521 Wood pole scaffolds generally. Rescinded.

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Rule 521. (1) When a wood pole is spliced, the ends shall be square and flat. Not less than 2 wood splice plates shall be secured to adjacent sides and shall be not less than 4 feet in length by 1 inch thick by the same width as the pole and have equal overlap to the joint. More than 1 consecutive splice per general level shall not be made (see figure 1). (2) A pole scaffold shall be guyed or tied to the building or structure. Where the height or length is more than 25 feet, the scaffold shall be secured at intervals not more than 25 feet vertically and horizontally. (3) Ledgers shall overlap the poles at each end by not less than 4 inches, be level, and be nailed to the inside of the poles. A ledger shall not be nailed less than 1 inch to the top edge. (4) Two ledgers meeting at a pole shall be nailed to each other, and 2 ledgers meeting at a corner shall have 1 cut flush to the pole and the other nailed on the outside and overlap. (5) A ledger shall not be spliced between poles. A spliced ledger shall be reinforced by a bearing block secured to the side of the pole to form a support for the ledger. (6) A bearer shall be set with its greater dimension vertical and shall project 3 inches beyond the ledger and the inner and outer pole. (7) Successive lengths of planking shall not abut on a single bearer and, where planks abut, 2 bearers shall be placed not more than 8 inches apart. (8) When moving a work platform to a new level, the old platform shall remain in place until the new bearers are in place to receive the platform. (9) A wood pole scaffold less than 60 feet in height shall use materials prescribed in tables 2 to 7. A scaffold more than 60 feet in height shall be designed by an engineer knowledgeable in scaffolds and erected as prescribed in the blueprints. A copy of the blueprint shall be on the jobsite. A wood pole scaffold shall not be erected beyond the reach of local fire fighting apparatus. (10) Diagonal bracing shall be provided to prevent the poles moving in a direction parallel with the wall or from buckling. Full diagonal face bracing shall be erected across the entire face of pole scaffolds in both directions. Brace splices shall be at the poles. (11) The free ends of a pole scaffold shall be cross braced. (12) A wood pole scaffold shall not be erected beyond the reach of fire fighting equipment. (13) Figure 1 reads as follows:

(14) Table 2 reads as follows:

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TABLE 2 Minimum Nominal Size and Maximum Spacing of

Members of Single Pole Scaffolds Light Duty

Maximum height of scaffold 20 ft. 60 ft.

Uniformly distributed load Not to exceed 25 p.s.f. Poles or uprights 2 x 4 in. 4 x 4 in.

Pole spacing (longitudal) 6 ft. 0 in. 10 ft. 0 in Maximum width of scaffold 5 ft. 0 in. 5 ft. 0 in.

Bearers of putlogs to 3 ft. 0 in. width 2 x 4 in. 2 x 4 in.

Bearers of putlogs to 5 ft. 0 in. width 2 x 6 in. or 3 x 4 in. 2 x 6 in. or

3 x 4 in. (rough) Ledgers 1 x 4 in. 1 1/4 x 9 in. (rough) Planking 2 x 10 in. (rough) 2 x 10 in.

Vertical spacing of horizontal members

7 ft. 0 in. 7 ft. 0 in.

Bracing, horizontal and diagonal 1 x 4 in. 1 x 4 in. Tie-ins 1 x 4 in. 1 x 4 in.

Toeboards 4 in. high (min.) 4 in. high (min.) Guardrail 2 x 4 in. 2 x 4 in.

All members except planking are used on edge. (15) Table 3 reads as follows:

TABLE 3 Minimum Nominal Size and Maximum Spacing of Members of Single Pole Scaffolds Medium Duty

Uniformly distributed load Not to exceed 50 p.s.f. Maximum height of scaffold 60 ft.

Poles or uprights 4 x 4 in. Pole spacing (longitudal) 8 ft. 0 in.

Maximum width of scaffold 5 ft. 0 in. Bearers or putlogs 2 x 10 in. or 3 x 4 in.

Spacing of bearers or putlogs 8 ft. 0 in. Ledgers 2 x 10 in.

Vertical spacing of horizontal members 9 ft. 0 in. Bracing, horizontal 1 x 6 in or 1 1/4 x 4 in. Bracing, diagonal 1 x 4 in.

Tie-ins 1 x 4 in Planking 2 x 9 in.

Toeboards 4 in. high (minimum) Guardrail 2 x 4 in. All members except planking are used on edge.


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Members of Single Pole Scaffolds Heavy Duty Uniformly distributed load Not to exceed 75 p.s.f.

Maximum height of scaffold 60 ft. Poles or uprights 4 x 4 in.

Pole spacing (longitudal) 6 ft. 0 in. Maximum width of scaffold 5 ft. 0 in.

Bearers or putlogs 2 x 10 in. or 3 x 5 in. (rough) Spacing of bearers or putlog 6 ft. 0 in.

Ledgers 2 x 10 in. Vertical spacing of horizontal members 6 ft. 6 in.

Bracing, horizontal and diagonal 2 x 4 in. Tie-ins 1 x 4 in.

Planking 2 x 10 in. Toeboards 4 in. high (minimum) Guardrail 2 x 4 in. All members except planking are used on edge.


TABLE 5 Minimum Nominal Size and Maximum Spacing of Members of Independent Pole Scaffolds Light Duty

Maximum height of scaffold

20 ft. 60 ft. Uniformly distributed load Not to exceed 25 p.s.f.

Poles or uprights 2 x 4 in. 4 x 4 in. Pole spacing (longitudal) 6 ft. 0 in. 10 ft. 0 in. Pole spacing (transverse) 6 ft. 0 in. 10 ft. 0 in.

Ledgers 1 1/4 x 4 in. 1 1/4 x 9 in. Bearers to 3 ft. 0 in. span 2 x 4 in. 2 x 4 in.

Bearers to 10 ft. 0 in. span 2 x 6 in. or 3 x 4 in. 2 x 9 (rough) or 3 x 8 in.

Planking 1 1/4 x 9 in. (rough) 2 x 10 in. Vertical spacing of horizontal

members 7 ft. 0 in. 7 ft. 0 in.

Bracing horizontal and diagonal 1 x 4 in. 1 x 4 in. Tie-ins 1 x 4 in. 1 x 4 in.

Toeboards 4 in. high 4 in. high (min.) Guardrail 2 x 4 in. 2 x 4 in.

All members except planking are used on edge (18) Table 6 reads as follows:

TABLE 6

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Minimum Nominal Size and Maximum Spacing of Members of lndependent Pole Scaffolds Medium Duty

Uniformly distributed load Not to exceed 50 p.s.f. Maximum height of scaffold 60 ft.

Poles or uprights 4 x 4 in. Pole spacing (longitudinal) 8 ft. 0 in. Pole spacing (transverse) 8 ft. 0 in.


Spacing of bearers 8 ft. 0 in. Bearers 2 x 10 in. (rough) or 2 x 10 in.

Bracing, horizontal 1 x 6 in. or 1 1/4 x 4 in. Bracing, diagonal 1 x 4 in.

Tie-ins 1 x 4 in. Planking 2 x 10 in.

Toeboards 4 in. high (min.) Guardrail 2 x 4 in.

All members except planking are used on edge (19) Table 7 reads as follows:


Members of lndependent Pole Scaffolds Heavy Duty Uniformly distributed load Not to exceed 75 p.s.f.

Maximum height of scaffold 60 ft. Poles or uprights 4 x 4 in.

Pole spacing (longitudinal) 6 ft. 0 in. Pole spacing (transverse) 8 ft. 0 in.


Bearers 2 x 10 in. (rough) Bracing, horizontal and diagonal 2 x 4 in.

Tie-ins 1 x 4 in. Planking 2 x 10 in.

Toeboards 4 in. high (min.) Guardrail 2 x 4 in. All members except planking are used on edge

R 408.10522 Independent pole scaffold. Rescinded. Rule 522. (1) An independent pole scaffold shall be set as close to the wall of the building as possible. (2) Cross bracing shall be provided between the inner and outer set of poles of an independent pole scaffold. R 408.10523 Single pole scaffold. Rescinded.

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Rule 523. Single pole scaffolding shall meet all of the following requirements: (a) Have the inner end of the bearer rest in the wall of the building with at least a 4-inch bearing. Notching is prohibited. (b) Have the inner end of the bearer, when used on frame buildings, rest on a block 12 inches long and not less than 2 by 6 inches nominal size. The block shall be notched the width of the bearer and not less than 2 inches deep. The bearer shall be nailed to both the block and the building. (c) Have the inner end of the bearer, when it comes at a window opening, supported by a plank of equal strength resting on the window sill and fastened to the building. The bearer shall be braced against displacement. (d) Have a bearer reinforced with a 3/16 by 2-inch steel strip or its equivalent secured to its lower edge along its entire length. R 408.10524 Suspension scaffolding. Rescinded. Rule 524. (1) A suspension scaffold, including the supporting thrustout, shall be capable of sustaining a working load of 50 pounds per square foot with a designed safety factor of not less than 4. (2) Wire ropes used on suspension scaffolding shall have a designed safety factor of not less than 6. Wire ropes fastened around a rod shall be equipped with a thimble. (3) When "U" bolt clamps are installed, a minimum of 3 shall be used at each fastening with the "U" bolts installed on the dead end (see table 8). The clamps shall be retightened after loading. (4) A thrustout for a suspension scaffold shall be not less than a 7-inch, 15.3-pound steel "I" beam which is not less than 15 feet long and which does not project more than 6 1/2 feet beyond the bearing point. It shall be set with the web vertical and spaced not more than 7 feet apart and shall project 1 foot beyond the outer edge of the suspension platform. (5) The thrustout inner end shall be fastened to the frame of the building with bolts, anchor plates, lockwashers, and jam nuts and it shall be anchored against horizontal displacement or a thrustout may be counterbalanced if the counterweight is fastened to the thrustout. Sand bags or other loose material shall not be used. Where a counterweight is used, it shall be 3 times the supported weight and located on the inner end of the thrustout with the center of the counterweight mass not less than equidistant to the center of the weight of the load as measured from the fulcrum. (6) A thrustout outer end shall be equipped with a stop-bolt to prevent the shackle slipping over the edge. A thrustout rigged over a parapet wall shall be supported by a wood block a minimum of 4 by 4 by 18 inches long nominal size at that point. (7) A suspension platform shall be secured to prevent swinging away from the building. Rollers or fenders shall be provided to prevent striking the building and to facilitate raising and lowering. (8) A bearer for a suspension scaffold shall be made of 4- by 6-inch timber set on edge or structural steel of equivalent strength. A bearer shall have sufficient length to hold the planks between the frame where a hoisting machine is used. Plank edges shall abut. (9) A powered hoisting machine, where used, shall conform to R 408.10548. The running ends of the suspension wire rope shall be securely attached to the hoisting drum, and not less than 4 turns of rope shall remain on the drum at all times. (10) Each scaffold shall be installed or relocated in accordance with designs and instructions of a registered professional mechanical or civil engineer, and such installation or relocation shall be supervised by a competent designated person. (11) Table 8 reads as follows:

TABLE 8 APPLYING WIRE ROPE CLIPS

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Distance between clips should be equal to six rope diameters

CORRECT METHOD: U-Bolts of Clips on short end of rope.

WIRE ROPE OR CABLE

NUMBER AND SPACING OF CLIPS FOR ROPES OF VARIOUS SIZES

Diameter of rope (in.)

Number of clips

Center-to-center space between

clips (in.)

Length of rope turned back exclusive of

eye (in.)

Length of wrench (in.)

1/2 3 3 9 12 5/8 3 3 3/4 12 12 3/4 4 4 1/2 18 18 7/8 4 5 1/4 21 18 1 4 6 24 24

1 1/8 5 6 3/4 34 24 1 1/4 5 7 1/2 38 24 1 3/8 6 8 1/4 50 24 1 1/2 6 9 54 24 1 5/8 6 9 3/4 60 30 1 3/4 7 10 1/2 74 30 1 7/8 8 11 1/4 90 30

2 8 12 96 30 2 1/8 8 13 104 30 2 1/4 8 14 112 30

R 408.10525 Swinging scaffolds. Rescinded. Rule 525. (1) A platform for a swing scaffold shall have a bar, strip, or other device attached to the platform outside the hanger to prevent the platform slipping off the hanger. A platform shall be not less than 20 inches nor more than 36 inches wide. (2) Where rope and blocks are used to support a swing scaffold, the scaffold shall comply with all of the following requirements: (a) Have hangers made of 3/4-inch round steel, or its equivalent, which are designed to have a flat bottom to hold a platform and which have arms to hold a standard barrier pursuant to R 408.10513 (2) and a loop to hold the hook on a block. (b) Have supporting ropes of 3/4-inch, first-quality manila, or its equivalent, which are used with not less than 1 6-inch single and 1 6-inch double block. When acid cleaning or sandblasting is done, not less than 5/16 inch wire rope shall be used. (c) Have all blocks fit the size of rope they carry. (d) Have ropes made fast to the point of the hook on the hanger eye by a special hitch which cannot slip. (3) The platform, rope, slings, and other supporting parts shall be inspected before each installation. Periodic inspections shall be made while the scaffold is in use.

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(4) A hook with an eye or ring that is used to support the swing scaffold on the building shall be wrought iron or steel of a cross section not less than 5/8 by 2 inches, or equivalent, with the 5/8-inch measurement on the edge. Eaves or cornices shall be inspected for cracks, loose blocks, or other deterioration before setting the hooks. A hook shall have a safety line of 3/4-inch manila rope, or its equivalent, secured from an eye or ring to a structurally sound portion of the building to prevent slipping off the hook. (5) Two or more scaffolds shall not be combined by bridging with planks or similar connecting links, unless the scaffolds are equipped with hoisting machines and the planking has the capability to pivot and remain secured to the unit. (6) Occupancy on a swing scaffold shall be limited as follows: (a) Maximum designed working load of 500 pounds, 2 employees. (b) Maximum designed working load of 750 pounds, 3 employees. (7) An employee using a swing scaffold shall use a safety harness tied to a lifeline by a lanyard not more than 48 inches long connected by an approved fall prevention device on the lifeline. The lifeline shall extend to the ground. (8) In lieu of providing a lifeline, an employee may attach a safety harness and lanyard to the scaffold, if a separate fall prevention device is installed at each support point, using safety lines equivalent to the support ropes, and if the device is connected to the scaffold with a line which will allow a drop of not more than 12 inches. (9) Swing scaffolds shall be equipped with rollers or fenders as prescribed in R 408.10524(7). (10) When not in use, a swing scaffold shall be secured to the building or ground, and all tools and materials shall be removed. (11) When a hoisting machine is used with a swing scaffold, it shall be as prescribed in R 408.10548 and R 408.10549. R 408.10526 Outrigger's scaffolds. Rescinded. Rule 526. (1) A thrustout for an outrigger scaffold shall be of timber 3 by 10 inches nominal, set on edge, or of structural steel of equal strength set with the web vertical. A thrustout shall extend outside the building not more than 6 feet, shall be spaced not no more than on 6 foot centers, and shall be fastened to prevent twisting or other movement. A thrustout shall be braced diagonally from the outside end to the building. The brace shall be not less than 25% longer than the extended length of the thrustout. The inboard end of outrigger beams, measured from the fulcrum point to the extreme point of support, shall be not less than 1 1/2 times the outboard end in length. (2) A suspended platform shall be formed by use of 2 by 6 inch nominal vertical hangers and 2 by 6 inch nominal bearers. A vertical hanger shall be braced to prevent side sway and be not more than 10 feet long. Additional support blocks shall be nailed to the vertical hangers above the thrustouts and below the bearers. The inboard ends of outrigger beams shall be securely supported, either by means of struts bearing against sills in contact with the overhead beams or ceiling, or by means of tension members secured to the floor joist underfoot, or by both if necessary. The inboard ends of outrigger beams shall be secured against tipping, and the entire supporting structure shall be securely braced in both directions to prevent any horizontal movement. (3) Planking for the platform shall abut edges tightly from end of thrustout to building or from vertical hanger to vertical hanger, and shall be as prescribed in R 408.10512. (4) A standard barrier and toeboard shall be installed as prescribed in General Industry Safety Standard Part 2 "Floor and Wall Openings, Stairways, and Skylights," as referenced in R 408.10509. (5) A horse scaffold shall not be used with an outrigger's scaffold.

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(6) Outrigger scaffolds designed by a registered professional mechanical or civil engineer shall be constructed and erected in accordance with such design. A copy of the detailed drawings and specifications, showing the sizes and spacing of members, shall be kept on the job. Where additional working levels are required to be supported by the outrigger method, the plans and specifications of the outrigger and scaffolding structure shall be designed by a registered professional mechanical or civil engineer. R 408.10527 Horse scaffolds. Rescinded. Rule 527. (1) A horse scaffold shall be built, pursuant to table 9, of straight-grained lumber and braced to resist side thrusts. (2) A horse higher or longer than 4 feet shall have the cross section of each member increased to the next nominal size in width. (3) Nailing of extension pieces to the legs is prohibited. (4) Legs shall be set on concrete, another hard surface, or base plates as prescribed in R 408.10513(7). (5) Horses shall be spaced not more than 6 feet apart on bearer centers. (6) When tiering, a horse scaffold shall be placed above the one below and the legs held in place by cleats nailed to the planking. A horse scaffold shall not be tiered more than 2 high or 10 feet high. (7) Table 9 reads as follows:

TABLE 9 Nominal size material for a 4 foot long x 4 foot high horse.

Bearers 2 x 6 inches Legs 2 x 4 inches

Brace between legs 1 x 6 inches Gusset brace at top of leg 1 x 8 inches

Half diagonal brace 1 x 6 inches R 408.10528 Ladder jack scaffolds. Rescinded. Rule 528. (1) A ladder jack scaffold shall be used on a Type 1, sometimes-called heavy duty, manufactured ladder only, and at heights not more than 20 feet from the ground or floor level. (2) The span of a wood plank shall be not more than 8 feet between ladder jacks, and the planking shall be as prescribed in R 408.10512. (3) The span of a pick shall not exceed 24 feet. (4) A ladder jack scaffold shall be limited to 2 employees at any 1 time, except if 3 ladders support the plank, then 3 employees may occupy the plank. Not more than 2 employees shall occupy any given 8 feet of plank at any 1 time. (5) A ladder used with a ladder jack shall be equipped with nonslip feet pursuant to General Industry Safety Standard Part 4 “Portable Ladders,” as referenced in R 408.10509. (6) A ladder jack shall be made of metal with a designed strength to sustain the load as prescribed in R 408.10513(1). A ladder jack shall be designed to bear on the side rails in addition to the rungs, or if bearing on the rungs only, the bearing surface shall be not less than 10 lineal inches on each rung. R 408.10529 Boatswain's chair. Rescinded. Rule 529. (1) The wood seat of a boatswain's chair shall be not less than nominal 12 by 24 inches by 1 inch thick with the underside reinforced by cleats fastened to prevent splitting.

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(2) Two 5/8-inch fiber, or equivalent, rope slings shall be reeved through 4 set holes so as to cross each other on the underside. Where an employee is using a heat- or spark-producing process such as gas or arc welding or cutting, 3/8-inch wire rope shall be used in place of the fiber rope. (3) The employee shall use a safety harness and lifeline. The lifeline shall be securely attached to substantial members of the structure, not scaffold, or to securely rigged lines, which will safely suspend the worker in case of a fall. (4) The tackle shall consist of bearing or bushed blocks and 5/8-inch manila rope, or its equivalent. A roof iron, hook, or other object to which the tackle is anchored shall be secured to prevent dislodgement. Tie backs shall be installed at right angles to the face of the building and secured to the roof hooks and the building. R 408.10530 Bricklayer's square scaffold. Rescinded. Rule 530. (1) The squares of a bricklayer's square scaffold shall be not more than 5 feet wide by 5 feet high and set not more than 5 feet apart for medium duty and not more than 8 feet apart for light duty. The bearers and legs shall be made of 2 by 6-inch material, the corner braces of 1 by 6-inch material and the diagonal braces of 1 by 8-inch material. (2) Additional 1 by 8-inch bracing shall extend from the bottom of each square to the top of the next square on the front and rear of the scaffold. (3) Platform planks shall be not less than 2 by 10 inches with the ends overlapping the bearers of the squares. Each plank shall be supported by not less than 3 squares. (4) If tiered, the tiers shall not exceed 3 in height with 1 square resting directly above another square. The upper tiers shall rest on continuous rows of planking with the square secured to the planks. R 408.10531 Carpenter's bracket scaffold. Rescinded. Rule 531. (1) The supporting brackets of a carpenter's bracket scaffold shall be a triangular frame of not less than 2 by 3-inch material fitted and secured together or of metal of equivalent strength, and of such size to support not less than two 2 by 10-inch planks. (2) The supporting brackets shall be fastened to the structure by 1 of the following: (a) If made of wood, the corners shall be gusseted in a manner to prevent the joints pulling apart. (b) Through bolts not less than 5/8 inch in diameter and long enough to project 3/4 inch beyond the nut when in place. (c) A metal stud attachment device. (d) Welding to a metal tank. (e) Hooking over a secured supporting member capable of sustaining the imposed load. (3) The supporting brackets shall be not more than 10 feet apart to support 1 employee and not more than 75 pounds of material, or 6 feet apart to support 2 employees and not more than 75 pounds of material. R 408.10532 Working surfaces; steep slopes. Rescinded. Rule 532. (1) An employee working on a roof where the working area is more than 20 feet above the ground, the pitch is more than 3 inches in 12 inches, and there is no roof parapet, shall be provided and use a roofing bracket scaffold or crawling board. (2) An employee using a roofing bracket scaffold or crawling board shall use a safety harness and lifeline, or the employer must provide a catch platform. The catch platform shall extend 2 feet beyond the projection of the eaves or structure, whichever is farther away, and shall be equipped with a standard barrier and toeboard as prescribed in General Industry Safety Standard Part 2 "Floor and Wall Openings, Stairways, and Skylights," as referenced in R 408.10509.

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R 408.10533 Roofing brackets and crawling boards. Rescinded. Rule 533. (1) A roofing bracket shall fit the pitch of the roof so as to maintain the working plank level. (2) A roofing bracket shall be secured by nails in addition to the bracket's pointed metal projection, except where a 3/4-inch first grade manila rope, or equivalent, is used as a support. (3) A crawling board not less than 1 by 10 inches shall extend from the roof eave to the ridge. Cleats shall be 1 by 1 1/2 inches and equal in length to the width of the crawling board. The cleats shall be secured to the crawling board by nails driven through and clinched on the underside. Space between cleats shall not exceed 24 inches. (4) A crawling board shall be secured to a roof by ridge hooks or other equivalent means. R 408.10534 Needle beam scaffold. Rescinded. Rule 534. (1) Wood needle beams shall be not less than 4 by 6 inches with the greater dimension set vertically or equivalent structural steel may be used. (2) The span between needle beams shall be not more than 8 feet when using 2-inch scaffolding planks. (3) Rope supports shall be 1-inch diameter first grade manila rope, or equivalent material, and spaced not more than 10 feet apart. The rope shall be attached to the needle beams by a scaffold hitch or an eye splice. The loose end of the rope shall be tied by a bowline knot or a round turn and half hitch. The scaffold hitch shall be arranged in a manner so as to prevent the needle beam from rolling or otherwise becoming displaced. (4) Scaffold planks shall be secured against displacement. (5) Tools, bolts, and nuts on a needle beam scaffold shall be secured in containers. (6) A needle beam scaffold shall be suspended from thrustouts prescribed in R 408.10524 or from permanent structural members if they have a safety factor of not less than 4 times the maximum intended load. R 408.10535 Window jack scaffold. Rescinded. Rule 535. (1) A window jack scaffold shall be used as a work platform for not more than 1 employee and only for the purpose of working at the window opening through which the jack is placed. (2) A window jack scaffold shall consist of a plank secured to the structure with braces running from a point not more than 4 inches from the end of the plank to the structure at an angle of not less than 45 degrees to the horizontal. (3) A window jack shall not be used to support a plank running from 1 window jack to another. (4) Where the prescribed standard barrier cannot be used, the employee shall use a safety harness and a lifeline secured to the structure.

MANUFACTURED SCAFFOLDING R 408.10541. Scaffolding generally. Rescinded. Rule 541. (1) Manufactured scaffolding shall be erected and used as specified by the manufacturer's instructions. (2) Manufactured scaffolding shall be erected by a competent and experienced employee. (3) Stationary manufactured scaffolding shall be tied to and braced against a building at intervals not to exceed 30 feet horizontally and 26 feet vertically or otherwise guyed. (4) Adjusting screws on stationary manufactured scaffolding shall have an adjustment of not more than 18 inches from baseplate to bottom of frame with a minimum of 6 inches retained within the frame.

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(5) Before a metal scaffold is erected near an exposed powerline, the utility or property owner shall be consulted. A power line or electrical apparatus shall be considered energized unless the property owner or utility indicates it is deenergized and the line or apparatus is visibly grounded. Where deenergizing is impracticable, the following minimum clearances shall be maintained:

Voltage Clearance To 50 kV 10 feet

Over 50 kV 10 feet + .4 inch per kV R 408.10542 Tube and coupler-type scaffolding. Rescinded. Rule 542. (1) A light-duty tube and coupler scaffold shall have all posts, bearers, ledgers, and braces of not less than 2-inch nominal O.D. steel tubing or equivalent with the posts spaced not more than 6 feet apart by 10 feet along the length of the scaffold. Other structural members shall be capable of carrying the intended load. The scaffold shall be limited to those heights and working levels prescribed in table 10. (2) A medium-duty tube and coupler scaffold shall have all posts, ledgers, and braces of not less than nominal 2-inch O.D. steel tubing or equivalent with the posts spaced not more than 6 feet apart by 8 feet along the length of the scaffold. Bearers shall be nominal 2 1/2-inch O.D. steel tubing or equivalent, except that 2-inch O.D. tubing may be used if the posts are spaced not more than 5 feet apart by 8 feet along the length of the scaffold. Other structural members shall be capable of carrying the intended load. The scaffold shall be limited to those heights and working levels prescribed in table 11. (3) A heavy-duty tube and coupler scaffold shall have posts, ledgers, and braces of not less than nominal 2-inch O.D. steel tubing or equivalent with the posts spaced not more than 6 feet apart by 6 1/2 feet along the length of the scaffold. Bearers shall be of not less than nominal 2 1/2-inch O.D. steel tubing or equivalent. Other structural members shall be capable of carrying the intended load. The scaffold shall be limited to those heights and working levels prescribed in table 12. (4) A scaffold to be erected at a height greater than those prescribed in table 10, 11, or 12 shall be designed by an engineer knowledgeable in scaffolding and a copy of the blueprint shall be maintained at the jobsite. (5) Tube and coupler type scaffolding shall comply with all of the following: (a) Have ledgers erected along the length of the scaffold which are located on both inside and outside posts at each bearer level. Ledgers shall be interlocked to form continuous lengths and coupled to each post. The bottom ledgers shall be located as close to the base as possible. Ledgers shall be placed not more than 6 feet 6 inches on centers, vertically. (b) Have bearers installed transversely between posts which are coupled to the posts and bearing on the ledger coupler. A bearer shall be not less than 4 inches nor more than 12 inches longer than the post spacing or ledger spacing. A bearer may be cantilevered for use with brackets to carry not more than 2 planks. (c) Be cross braced across the width of the scaffold from the inner to outer ledgers at not less than every third set of posts horizontally and every fourth runner vertically. The bracing shall extend diagonally from the inner and outer ledgers upward to the next outer and inner ledgers. (d) Have longitudinal bracing installed at approximately a 45 degree angle from the base of the first outer post toward the top of the scaffold. Where possible, bracing shall be repeated every fifth post. In a similar manner, longitudinal diagonal bracing shall also be installed from the last post extending back and upward toward the first post. Where conditions preclude the attachment of this bracing to the posts, it may be attached to the ledgers. (6) Table 10 reads as follows:

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TABLE 10

Tube and Coupler Scaffolds Light Duty Uniformly distributed loads Not to exceed 25 p.s.f Post spacing (longitudinal) 10 ft. 0 in. Post spacing (transverse) 6 ft. 0 in.

Working levels Additional planked levels Maximum height 1 8 125 ft. 2 4 125 ft. 3 0 91 ft. 0 in.


TABLE 11 Tube and Coupler Scaffolds Medium Duty

Uniformly distributed load Not to exceed 50 p.s.f Post spacing (longitudinal) 8 ft. 0 in. Post spacing (transverse) 6 ft. 0 in.

Working levels Additional planked levels Maximum height 1 6 125 ft. 2 0 78 ft. 0 in.


TABLE 12 Tube and Coupler Scaffolds Heavy Duty

Uniformly distributed load Not to exceed 75 p.s.f Post spacing (longitudinal) 6 ft. 6 in. Post spacing (transverse) 6 ft. 0 in.

Working levels Additional planked levels Maximum height 1 6 125 ft.

R 408.10543 Welded frame type scaffolds. Rescinded. Rule 543. (1) Welded frame type scaffolds shall: (a) Be cross braced to secure vertical frames together laterally and have such length as to automatically insure the erected scaffold will be square, plumb, and rigid. (b) Have the frames and panels secured by coupling pins to provide vertical alignment and prevent uplift. (c) Have the panels or frames spaced in a manner to support the intended load. (d) Be secured to the building or structure at intervals of not more than 30 feet horizontally and 26 feet vertically. (e) Have the planking span limited to table 1 of R 408.10512. (2) Where a welded frame type scaffold is erected at a height of more than 125 feet, it shall be designed by an engineer knowledgeable in scaffolding and a copy of the blueprint shall be maintained at the job site.

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(3) The frame and accessories of a welded frame type scaffold shall be inspected for defects before each job use and after misuse. Defective parts shall be repaired or replaced. Repairs and replacements shall have the capability of supporting the intended load. R 408.10544 Mobile scaffolds. Rescinded. Rule 544. (1) A mobile scaffold shall be constructed as prescribed in R 408.10542 or R 408.10543 and shall be limited to a height of 50 feet unless designed and erected by an engineer knowledgeable in scaffolding. (2) A mobile scaffold shall meet all the following requirements: (a) Not exceed a height of 4 times the minimum base dimension, or shall be guyed every 20 feet of height to prevent movement. Outriggers, when used, may be considered as part of the base dimension. (b) Have a landing platform at intervals of not more than 30 feet. (c) Have the wheels locked when in use and attached by pins or bolts, or other equivalent means, to the frame or adjusting screw. (d) Have a limit adjustment of screw jack to not more than 12 inches from top of castor bearing plate to bottom of frame. The castor stem shall fit the socket in the frame and extend inside not less than 6 inches. (e) Have all scaffold castors provided with a positive wheel, a swivel lock, or both, to prevent movement. (f) Have adequate rigid diagonal bracing to vertical members provided. (g) Have exposed surfaces free from sharp edges, burrs, and other hazards. (h) Have the width of a working platform at any level not less than 20 inches and secured in place. (i) Have the designed load of all mobile scaffolds calculated on the basis of all of the following: (A) Light - Designed and constructed to carry a working load of 25 pounds per square foot. (B) Medium - Designed and constructed to carry a working load of 50 pounds per square foot. (C) Heavy - Designed and constructed to carry a working load of 75 pounds per square foot. (j) Have the work level platform of scaffolds, sometimes called towers, of wood, aluminum, or plywood planking, steel, or expanded metal for the full width of the scaffold, except for necessary openings. Work platforms shall be secured in place. (3) A sectional folding stairway scaffold shall meet all of the following requirements: (a) Be designed as medium duty, except for high clearance. A sectional folding stairway scaffold with a high clearance base shall be designated as a light duty scaffold. (b) Have an integral stairway and work platform incorporated into the structure. (c) Have the end frames designed so that the horizontal bearers provide supports for multiple planking levels. (d) Be not more than 4 1/2 feet wide by 6 feet in length. (4) A sectional folding ladder scaffold shall meet all of the following requirements: (a) Be designed as a light duty scaffold, including special base open end sections which are designed for high clearance. For certain special applications, the 6 foot in length folding ladder scaffolds, except for special high clearance base sections, shall be designed for use as medium duty scaffolds. (b) Have a width of not more than 4 1/2 feet. (c) Have a length of not more than 6 feet 6 inches for a 6-foot long unit, 8 feet 6 inches for an 8-foot unit, or 10 feet 6 inches for a 10-foot long unit. (d) Have the end frames designed so that the horizontal bearers provide supports for multiple planking levels. (e) Have an integral set of pivoting and hinged folding diagonal and horizontal braces and a detachable work platform incorporated into the structure.

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R 408.10545 Wire rope scaffolding. Rescinded. Rule 545. (1) Wire rope used as a supporting means for a plank shall have a designed safety factor of not less than 6 with the load figure including the total weight of men, materials, and scaffold. (2) A plank used on a wire rope scaffold shall be as prescribed in R 408.10512. A lifeline prescribed in R 408.10525(6) shall be used. (3) A plank used on a wire rope scaffold shall be attached to the wire rope in a manner which will not allow the plank to disengage such rope and shall facilitate moving the plank along the wire rope. (4) Wire rope shall be used and maintained as prescribed in R 408.10571. R 408.10546 Powered and manual mobile elevating platforms. Rescinded. Rule 546. (1) Powered and manual mobile elevating platforms shall be operated as prescribed in General Industry Safety Standard Part 58 "Aerial Work Platforms," as referenced in R 408.10509. (2) Powered industrial trucks shall be operated as prescribed in General Industry Safety Standard Part 21 "Powered Industrial Trucks," as referenced in R 408.10509. R 408.10548 Powered hoisting machine. Rescinded. Rule 548. (1) A powered hoisting machine shall be inspected not less than once a month when in service and not put into service unless free of hazards. (2) A powered hoisting machine manufactured after the effective date of this standard shall carry a label of an approved nationally recognized testing laboratory such as underwriters laboratories or factory mutual engineering corporation that the machine is approved for the use on a suspension scaffold, swinging scaffold, or powered mobile elevating platform. R 408.10549 Manual powered hoisting devices. Rescinded. Rule 549. A manually powered hoisting device shall be equipped with a positive locking device. R 408.10550 Hydraulic and pneumatic systems. Rescinded. Rule 550. (1) Rigid or flexible piping and the component parts of a hydraulic or pneumatic hoisting machine system shall have a safety factor of not less than 4. (2) When a hydraulic or pneumatic system is bled, the platform supported by this system shall be in the lowered position or blocked in such a manner that the safety of the employee is assured. (3) A leak in a hydraulic or pneumatic system shall be repaired before the unit is used. (4) A reverse check valve or equivalent means shall be installed in the hydraulic cylinder to prevent uncontrolled fall of the work platform in case of system failure.

POWERED PLATFORMS R 408.10561 Installations. Rule 561. (1) A powered platform installed, or that part of a powered platform modified, after August 27, 1971, shall be in compliance with the design and manufacturing requirements prescribed in ANSI A120.1, “Safety Requirements for Powered Platforms for Exterior Building Maintenance,” 1970 edition, as adopted in R 408.10509, and as further prescribed in the rules of this standard. (2) The following requirements apply to affected parts of buildings that utilize working platforms for building maintenance:

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(a) Structural supports, tie-downs, tie-in guides, anchoring devices, and any affected parts of the building that are included in the installation shall be designed by, or under the direction of, a registered professional engineer who is experienced in such design. (b) Exterior installations shall be capable of withstanding prevailing climatic conditions. (c) The building installation shall provide safe access to, and egress from, the equipment and shall provide sufficient space to conduct necessary maintenance of the equipment. (d) The affected parts of the building shall have the capability of sustaining all of the loads imposed by the equipment. (e) The affected parts of the building shall be designed to allow the equipment to be used without exposing employees to a hazardous condition. (3) The exterior of each building shall be provided with tie-in guides unless the conditions specified in either of the following provisions are met: (a) Tie-in guides required pursuant to this rule may be eliminated for not more than 75 feet (22.9 m) of the uppermost elevation of the building if angulated roping is employed, if the use of tie-in guides is not feasible due to the exterior building design, and if an angulation force of not less than 10 pounds (44.4 n) is maintained under all conditions of loading. (b) Tie-in guides may be eliminated if 1 of the specified guide systems is provided as specified in R 408.10562 and R 408.10563. Compiler’s Note: R 408.10561 is not being revised. This rule is included in the proposed rule set to show the placement of subpart “POWERED PLATFORMS” within the current rule set. This subpart is being deleted.

POWERED PLATFORM INSTALLATIONS - EQUIPMENT R 408.10564 Design of installation; equipment. Rule 564. (1) The requirements of this rule apply to equipment that is part of a powered platform installation, such as any of the following: (a) Platforms. (b) Stabilizing components. (c) Carriages. (d) Outriggers. (e) Hoisting machines. (f) Wire ropes. (g) Electrical components. (2) Equipment installations shall be designed by, or under the direction of, a registered professional engineer who is experienced in such design. (3) The design shall provide for a minimum live load of 250 pounds (113.6 kg) for each occupant of a suspended or supported platform. (4) Equipment that is exposed to wind when not in service shall be designed to withstand forces generated by winds that have a velocity of at least 100 miles per hour (44.7 m/s) at 30 feet (9.2 m) above grade. (5) Equipment that is exposed to wind when in service shall be designed to withstand forces generated by winds that have a velocity of at least 50 miles per hour (22.4 m/s) for all elevations. (6) Bolted connections shall be self-locking or shall otherwise be secured to prevent the loss of the connections by vibration.

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Compiler’s Note: R 408.10564 is not being revised. This rule is included in the proposed rule set to show the placement of subpart “POWERED PLATFORM INSTALLATIONS - EQUIPMENT” within the current rule set. This subpart is being deleted. R 408.10565 Roof cars; carriages; suspension methods. Rule 565. (1) A roof car shall be used when it is necessary to move a working platform horizontally to a work or storage position. (2) Movements of a roof car shall be restricted to a designated path of travel. Mechanical stops shall be provided and shall prevent the roof car from traversing outside the intended path of travel. The stops shall be capable of withstanding a force equal to 100% of the inertial effect of the roof car under power and shall be designed to prevent a crushing or shearing hazard. (3) Elevated building maintenance equipment shall be suspended by a roof car, carriage, outrigger, davits, or an equivalent method. (4) Carriages or roof cars shall be in compliance with all of the following provisions: (a) The horizontal movement of a carriage shall be controlled to ensure its safe movement and allow accurate positioning of the platform for vertical travel or storage. (b) Powered carriages shall not exceed a traversing speed of 50 feet per minute (0.3 ms). (c) The initiation of a traversing movement for a manually propelled carriage on a smooth level surface shall not require a person to exert a horizontal force of more than 40 pounds (444.8 n). (d) Structural stops and curbs shall be provided to prevent the traversing of the carriage beyond its designed limits of travel. (e) Traversing controls for a powered carriage shall be of a continuous pressure weatherproof type. Multiple controls, when provided, shall be arranged to permit operation from only 1 control station at a time. An emergency stop device shall be provided on each end of a powered carriage for interrupting power to the carriage drive motors. (f) The operating control or controls shall be connected so that, in the case of suspended equipment, traversing of a carriage is not possible until the suspended portion of the equipment is located at its uppermost designed position for traversing and is free of contact with the face of the building or building guides. All protective devices and interlocks shall be in the proper position to allow traversing of the carriage. (g) Stability for underfoot supported carriages shall be obtained by gravity, by an attachment to a structural support, or by a combination of gravity and a structural support. The use of flowing counterweights to achieve stability is prohibited. (h) The stability factor against overturning shall not be less than 5 for horizontal traversing of the carriage, including the effects of impact and wind. (i) The carriages and their anchorages shall be capable of resisting accidental over-tensioning of the wire ropes that suspend the working platform, and this calculated value shall include the effect of 1-1/2 times the stall capacity of the hoist motor. The forces that result from the stall load of the hoist and 1/2 of the wind load shall not cause damage to any part of the installation. (j) Roof carriages that rely on having tie-down devices secured to the building to develop the required stability against overturning shall be provided with an interlock that will prevent vertical platform movement unless the tie-down is engaged. (k) An automatically applied braking or locking system, or an equivalent, shall be provided that will prevent the unintentional traversing of power-traversed or power-assisted carriages. (l) A manual or automatic braking or locking system, or an equivalent, shall be provided that will prevent the unintentional traversing of manually propelled carriages. (m) A means to lock out the power supply for the carriage shall be provided.

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(n) Safe access to, and egress from, the carriage shall be provided from a safe surface. If the carriage traverses an elevated area, any operating area on the carriage shall be protected by a guardrail system in compliance with General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” Standard Part 2 "Floor and Wall Openings, Stairways, and Skylights," as referenced in R 408.10509. Any access gate shall be self-closing and self-latching or shall be provided with an interlock. (o) Each carriage work station position shall be identified by location markings or position indicators, or both. (p) A motor shall stall if the load on the hoist motor is at any time more than 3 times that necessary for lifting the working platform with its rated load. R 408.10568 Roof guarding. Rule 568. (1) Employees who work on roofs while performing building maintenance shall be protected by a perimeter guarding system that meets the requirements of General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” Standard Part 2 "Floor and Wall Openings, Stairways, and Skylights," as referenced in R 408.10509. (2) The perimeter guard shall not be more than 6 inches (152 mm) inboard of the inside face of a barrier, for example, the parapet wall, or roof edge curb of the building being serviced; however, the perimeter guard location shall not be set back more than 18 inches (457 mm) from the exterior building face.

WIRE, FIBER AND SYNTHETIC ROPE R 408.10571 Safety factors. Rule 571. All of the parts of a powered platform that are subject to stress, except for the wire rope, shall have a design safety factor of not less than 5. Wire rope shall have a design safety factor of not less than 10. Compiler’s Note: R 408.10571 is not being revised. This rule is included in the proposed rule set to show the placement of subpart “WIRE, FIBER AND SYNTHETIC ROPE” within the current rule set. This subpart is being deleted. R 408.10573 Inspections and tests. Rule 573. (1) An employer that has a powered platform under the employer's control shall do all of the following: (a) Provide operating instructions and a checklist for a visual inspection which shall be used by the operator before each daily use of the platform. The visual inspection shall include a check of the platform controls and safety interlocks. (b) Provide for a physical inspection, and service and repair when required, of the platform by a trained and authorized employee or an outside service every 30 days or before each use cycle if the equipment is used less often than every 30 days. The inspection, service, or repair shall be logged to show the date and the signature of the authorized employee or outside service and the work done. (c) Provide for inspections and operating tests not less than annually or after major alterations to determine that all components of the platform, including safety and operating equipment, are in compliance with the provisions of these rules. Such inspections and operating tests shall be made by a trained and authorized employee or outside service. (2) A special inspection of platform governors and secondary brakes shall be made not less than annually by an authorized and trained employee or outside service to verify that the initiating device for the secondary brake operates at the proper overspeed. If a test cannot be made in the field, the initiating

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device or hoisting machine, or both, shall be removed from the building and sent to a shop that is equipped to make such a test. When the tested parts are reinstalled, the powered platform shall be reinspected before returning it to service. (3) When the tested parts are reinstalled, the powered platform shall be reinspected before returning it to service. R 408.10575a Suspended equipment. Rule 575a. (1) Each suspended unit component, except for suspension ropes and guardrail systems, shall be capable of supporting not less than 4 times the maximum intended live load applied or transmitted to that component. (2) Each suspended unit component shall be constructed of materials that will withstand anticipated weather conditions. (3) Each suspended unit shall be provided with a load rating plate that which is conspicuously located and that which states the unit weight and rated load of the suspended unit. (4) When the suspension points on a suspended unit are not at the unit ends, the unit shall be capable of remaining continuously stable under all conditions of use and position of the live load and shall maintain not less than a 1.5 to 1 stability factor against unit upset. (5) Guide rollers, guide shoes, or building face rollers shall be provided and shall compensate for variations in building dimensions and for minor horizontal out-of-level variations of each suspended unit. (6) Each working platform of a suspended unit shall be secured to the building facade by 1 or more of the following methods or by an equivalent method that is in compliance with the provisions of R 408.10561 and R 408.10562: (a) Continuous. (b) Intermittent. (c) Button guide engagement. (d) Angulated roping. (e) Building face rollers. (7) Each working platform of a suspended unit shall be provided with a guardrail system on all sides, which shall meet the requirements of General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” Standard Part 2 "Floor and Wall Openings, Stairways, and Skylights," as referenced in R 408.10509. All of the following provisions apply to the guardrail system: (a) The system shall consist of a top guardrail, midrail, and toeboard. (b) The top guardrail shall be not less than 42 inches high and shall be able to withstand not less than a 200-pound force in any downward or outward direction. (c) The midrail shall be able to withstand not less than a 75-pound (333 n) force in any direction. (d) The areas between the guardrail and toeboard on the ends and outboard side, and the area between the midrail and toeboard on the inboard side, shall be closed with a material that is capable of withstanding a load of 100 pounds (45.4 kg.) applied horizontally over any area of 1 square foot (.09 m2). All openings in the material shall be small enough to prevent the passage of lifelines and potential falling objects that may be hazardous to persons below. (e) Toeboards shall be capable of withstanding a force of not less than 50 pounds (222 n) applied in any direction at any point along the toeboard. (f) Toeboards shall be not less than 4 inches in height from the top edge to the level of the platform floor. (g) Toeboards shall be securely fastened in place at the outermost edge of the platform and have not more than 1/4 of an inch (1.3 cm) clearance above the platform.

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(h) Toeboards shall be solid or have an opening that is not more than 1 inch (2.5 cm) in the greatest dimension. R 408.10575b Two- and 4-point suspended working platforms. Rule 575b. (1) The 2- and 4-point suspended working platform shall be not less than 24 inches (610 mm) wide and shall be provided with a minimum of a 12-inch (305 mm) wide passage at or past any obstruction on the platform. (2) The flooring of the 2- and 4-point suspended working platform shall be of a slip-resistant type and shall not have an opening that would allow the passage of lifelines, cables, and other potential falling objects. (3) The 2- and 4-point suspended working platform shall be provided with a means of suspension that will restrict the platform from tilting more than 15 degrees in any direction. (4) Any cable that is suspended from above the 2- and 4-point suspended working platform shall be provided with a means for storage to prevent accumulation of the cable on the floor of the platform. (5) All operating controls for the vertical travel of the 2- and 4-point suspended working platform shall be of the continuous-pressure type and shall be located on the platform. (6) Each operating station of every 2- and 4-point suspended working platform shall be provided with a means of interrupting the power supply to all hoist motors to stop any further powered ascent or descent of the platform. (7) The maximum rated speed of the 2- and 4-point suspended working platform shall not be more than 50 feet per minute (0.3 ms) for single-speed hoists and not more than 75 feet per minute (0.4 ms) for multispeed hoists. (8) All tools, water tanks, and other accessories shall be secured to prevent their movement or accumulation on the floor of the 2- and 4-point suspended working platform. (9) Portable fire extinguishers that are in compliance with the provisions of General Industry Safety Standard Part 8 “Portable Fire Extinguishers," as referenced in R 408.10509, shall be provided and securely attached on all 2- and 4-point suspended working platforms. (10) Access to and egress from a 2- and 4-point suspended working platform, except for those that land directly on a safe surface, shall be provided by stairs, ladders, platforms, and runways that are in compliance with the provisions of General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” Standard Part 2 "Floor and Wall Openings, Stairways, and Skylights," and General Industry Safety Standard Part 4 “Portable Ladders,” as referenced in R 408.10509. Access gates shall be self-closing and self-latching. (11) Means of access to or egress from a working platform that is 48 inches (1.2 m) or more above a safe surface shall be provided with a guardrail system or ladder-handrails that are in compliance with the provisions of General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” Standard Part 2 "Floor and Wall Openings, Stairways, and Skylights," and General Industry Safety Standard Part 4 “Portable Ladders,” as referenced in R 408.10509. (12) The 2- and 4-point suspended working platform shall be provided with a secondary wire rope suspension system if the platform has overhead structures that restrict the emergency egress of employees. A horizontal lifeline or a direct connection anchorage shall be provided as part of a personal fall arrest system. The system shall be in compliance for each employee on such a platform with the requirements of General Industry Safety and Health Standard Part 33 “Personal Protective Equipment" as referenced in R 408.10509. (13) A vertical lifeline shall be provided as part of a personal fall arrest system. The system shall be in compliance with the requirements of General Industry Safety and Health Standard Part 33 “Personal Protective Equipment," as referenced in R 408.10509, for each employee on a working platform that is

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suspended by 2 or more wire ropes, if the failure of 1 wire rope or suspension attachment will cause the platform to upset. If a secondary wire rope suspension is used, vertical lifelines are not required for the personal fall arrest system, provided that each employee is attached to a horizontal lifeline anchored to the platform. still required for the fall arrest system R 408.10575c Single point suspended working platforms. Rule 575c. (1) The requirements of R 408.10575b(1) to (11) shall also apply to a single-point working platform. (2) Each single-point suspended working platform shall be provided with a secondary wire rope suspension system that will prevent the working platform from falling if there is a failure of the primary means of support, or if the platform contains overhead structures that restrict the egress of the employees. A horizontal lifeline or a direct connection anchorage that meets the requirements of Appendix C “Personal Fall Arrest System,” shall be provided, as part of a personal fall arrest system that is in compliance with the requirements of General Industry Safety and Health Standard Part 33 “Personal Protective Equipment," as referenced in R 408.10509, for each employee on the platform. R 408.10575e Intermittently stabilized platforms. Rule 575e. (1) The intermittently stabilized platform shall be in compliance with the requirements of R 408.10575b (1) to (13). (2) Each stabilizer tie shall be equipped with a quick-connect and quick-disconnect quick-connect/quick-disconnect device that cannot be accidentally disengaged, that is for attachment to the building anchor, and that is resistant to adverse environmental conditions. (3) The platform shall be provided with a stopping device that will interrupt the hoist power supply if the platform contacts a stabilizer tie during its ascent. (4) Building face rollers shall not be placed at the anchor setting if exterior anchors are used on the building face. (5) Stabilizer ties that are used on intermittently stabilized platforms shall allow for the specific attachment length that is needed to effect the predetermined angulation of the suspended wire rope. The specific attachment length shall be maintained at all building anchor locations. (6) The intermittently stabilized platform shall be in continuous contact with the face of the building during ascent and descent. (7) The attachment and removal of stabilizer ties shall not require the horizontal movement of the platform. (8) The platform-mounted equipment and its suspension wire ropes shall not be physically damaged by the loads from the stabilizer tie or its building anchor. The platform, platform-mounted equipment, and wire ropes shall be able to withstand a load that is not less than twice the ultimate strength of the stabilizer tie.

MAINTENANCE R 408.10582 Suspension wire rope maintenance; inspection maintenance, inspection and replacement. Rule 582. (1) Any of the following conditions or combination of conditions are be cause for removal of the wire rope: Wire rope for a scaffold shall be replaced if any of the following conditions exists: (a) In any length of 8 diameters, the total number of visible broken wires is more than 6 in 1 rope lay or 3 wires in 1 strand.

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(b) The wire rope has been kinked, crushed, or bird-caged or has sustained any other damage that distorts the wire rope structure. (c) The wire rope shows heat or corrosive damage. (d) The wire rope contains a broken wire within 18 inches (460.8 mm) of the end attachment. (2) Wire rope that is bent to form an eye over a bolt or rod that has a diameter that is less than 4 times the rope diameter shall be equipped with a metal thimble. (3) End fittings should be swagged or zinc-poured sockets. (4) Where wire clips are used, the provisions of table 8 shall be followed and the u-bolts shall be installed on the dead end or short end of the wire rope. (5) Wire rope shall be stored in a manner to prevent damage or deterioration. (6) Before cutting wire rope, a seizing shall be placed on each side of the cut on preformed wire rope, 2 seizings shall be placed on each side of 7/8 inch size or smaller nonpreformed wire rope, and 3 seizings shall be placed on each side of 1 inch or larger size nonpreformed wire rope. (7) Wire rope shall be maintained in a lubricated condition over its entire length with the same type of lubricant that is used by the manufacturer. (8) Suspension wire ropes shall be maintained and used in accordance with the procedures recommended by the wire rope manufacturer. (9) Suspension wire rope shall be inspected by a competent person for visible defects and gross damage to the rope before every use and after each occurrence that might affect the wire rope's integrity. (10) A thorough inspection of suspension wire ropes in service shall be made once a month. Suspension wire ropes that have been inactive for 30 days or more shall have a thorough inspection before they are placed into service. These thorough inspections of suspension wire ropes shall be performed by a competent person. (11) The need for replacement of suspension wire rope shall be based on its condition. A wire rope shall be removed for any of the following conditions: (a) Evidence of core failure. A lengthening of rope lay, protrusion of the rope core, and a reduction in rope diameter suggests core failure. (b) Outer wire wear is more than 1/3 of the original outer wire diameter. (c) Any other condition that the competent person determines has significantly affected the integrity of the rope. (12) The owner shall keep a certification record of each monthly inspection of a suspension wire rope which shall be verified by the employer. The record shall include the date of the inspection and a number or other identifier of the wire rope that was inspected. The record of inspection shall be made available for review by the director of the Michigan Department of Licensing and Regulatory Affairs department of licensing and regulatory affairs or his or her designated representative and by the employer. R 408.10592 Personal fall protection. Rule 592. Employees on working platforms shall be protected by a personal fall arrest system that is in compliance with the requirements of General Industry Safety and Health Standard Part 33 “Personal Protective Equipment," as referenced in R 408.10509.

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APPENDIX D – EXISTING INSTALLATIONS MANDATORY

Use of the Appendix

Appendix D sets out the mandatory building and equipment requirements for applicable permanent installations completed after August 27, 1971, and no later than July 23, 1990, which are exempt from R 408.10501, R 408.10502, R 408.10503 to R 408.10508, R 408.10518, R 408.10561 to R 408.10567, R 408.10568 to R 408.10569, and R 408.10575 to R 408.10577 of this standard. The requirements in Appendix D are essentially the same as unrevised building and equipment provisions which previously were designated as R 408.10501, R 408.10502, R 408.10518, and R 408.10503 to R 408.10508, and which were effective on November 1, 1974. Note: All existing installations subject to this appendix shall also comply with R 408.10574(2), R 408.10578 to R 408.10582, and R 408.10585 to R 408.10592 of this standard. (A) "DEFINITIONS APPLICABLE TO THIS APPENDIX" (1) "Angulated roping." A system of platform suspension in which the upper wire rope sheaves or suspension points are closer to the plane of the building face than the corresponding attachment points on the platform, thus causing the platform to press against the face of the building during its vertical travel. (2) "ANSI" American National Standards Institute. (3) "Babbitted fastenings." The method of providing wire rope attachments in which the ends of the wire strands are bent back and are held in a tapered socket by means of poured molten babbitt metal. (4) "Brake" - "disc type." A brake in which the holding effect is obtained by frictional resistance between 1 or more faces of discs keyed to the rotating member to be held and fixed discs keyed to the stationary or housing member (pressure between the discs being applied axially). (5) "Brake - self-energizing band type." An essentially unidirectional brake in which the holding effect is obtained by the snubbing action of a flexible band wrapped about a cylindrical wheel or drum affixed to the rotating member to be held, the connections and linkages being so arranged that the motion of the brake wheel or drum will act to increase the tension or holding force of the band. (6) "Brake - shoe type." A brake in which the holding effect is obtained by applying the direct pressure of 2 or more segmental friction elements held to a stationary member against a cylindrical wheel or drum affixed to the rotating member to be held. (7) "Building face rollers." A specialized form of guide roller designed to contact a portion of the outer face or wall structure of the building, and to assist in stabilizing the operators' platform during vertical travel. (8) "Continuous pressure." Operation by means of buttons or switches, any 1 of which may be used to control the movement of the working platform or roof car, only as long as the button or switch is manually maintained in the actuating position. (9) "Control." A system governing starting, stopping, direction, acceleration, speed, and retardation of moving members.

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(10) "Controller." A device or group of devices, usually contained in a single enclosure, that serves to control in some predetermined manner the apparatus to which it is connected. (11) "Electrical ground." A conducting connection between an electrical circuit or equipment and the earth, or some conducting body which serves in place of the earth. (12) "Guide roller." A rotating, bearing-mounted, generally cylindrical member, operating separately or as part of a guide shoe assembly, attached to the platform, and providing rolling contact with building guideways, or other building contact members. (13) "Guide shoe." An assembly of rollers, slide members, or the equivalent, attached as a unit to the operators' platform, and designed to engage with the building members provided for the vertical guidance of the operators' platform. (14) "Interlock." A device actuated by the operation of some other device with which it is directly associated, to govern succeeding operations of the same or allied devices. (15) "Operating device." A pushbutton, lever, or other manual device used to actuate a control. (16) "Powered platform." Equipment to provide access to the exterior of a building for maintenance, consisting of a suspended power-operated working platform, a roof car, or other suspension means, and the requisite operating and control devices. (17) "Rated load." The combined weight of employees, tools, equipment, and other material which the working platform is designed and installed to lift. (18) "Relay, direction." An electrically energized contactor responsive to an initiating control circuit, which in turn causes a moving member to travel in a particular direction. (19) "Relay, potential for vertical travel." An electrically energized contactor responsive to initiating control circuit, which in turn controls the operation of a moving member in both directions. This relay usually operates in conjunction with direction relays, as covered under the definition, "relay, direction." (20) "Roof car." A structure for the suspension of a working platform, providing for its horizontal movement to working positions. (21) "Roof-powered platform." A powered platform having the raising and lowering mechanism located on a roof car. (22) "Self-powered platform." A powered platform having the raising and lowering mechanism located on the working platform. (23) "Traveling cable." A cable made up of electrical or communication conductors or both, and providing electrical connection between the working platform and the roof car or other fixed point. (24) "Weatherproof." Equipment so constructed or protected that exposure to the weather will not interfere with its proper operation. (25) "Working platform." The suspended structure arranged for vertical travel that provides access to the exterior of the building or structure. (26) "Yield point." The stress at which the material exhibits a permanent set of 0.2 percent. (27) "Zinced fastenings." The method of providing wire rope attachments in which the splayed or fanned wire ends are held in a tapered socket by means of poured molten zinc. (B) "GENERAL REQUIREMENTS" (1) "Design requirements." All powered platform installations for exterior building maintenance completed as of August 27, 1971, but not later than 180 days after November 1, 1974, shall meet all of the design, construction, and installation requirements of Part II and III of ANSI A120.1 “Safety Requirement for Powered Platforms for Exterior Building Maintenance,” 1970 edition, as

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adopted in R 408.40509, and of this appendix. References shall be made to appropriate parts of ANSI A120.1 1970 edition for detail specifications for equipment and special installations. (2) "Limitation." The requirements of this appendix apply only to electric powered platforms. It is not the intent of this appendix to prohibit the use of other types of power. Installation of powered platforms using other types of power is permitted, provided such platforms have adequate protective devices for the type of power used, and otherwise provide for reasonable safety of life and limb to users of equipment and to others who may be exposed. (3) "Types of powered platforms.” (i) For the purpose of applying this appendix, powered platforms are divided into 2 basic types, Type F and Type T. (ii) Powered platforms designated as Type F shall meet all the requirements in Part II of ANSI A120.1 “Safety Requirement for Powered Platforms for Exterior Building Maintenance,” 1970 edition, as adopted in R 408.40509. A basic requirement of Type F equipment is that the work platform is suspended by at least 4 wire ropes and designed so that failure of any 1 wire rope will not substantially alter the normal position of the working platform. Another basic requirement of Type F equipment is that only 1 layer of hoisting rope is permitted on winding drums. Type F powered platforms may be either roof-powered or self-powered. (iii) Powered platforms designated as Type T shall meet all the requirements in Part III of ANSI A120.1 “Safety Requirement for Powered Platforms for Exterior Building Maintenance,” except for section 28, “Safety Belts and Life Lines,” 1970 edition, as adopted in R 408.40509. A basic requirement of Type T equipment is that the working platform is suspended by at least 2 wire ropes. Failure of 1 wire rope would not permit the working platform to fall to the ground, but would upset its normal position. Type T powered platforms may be either roof-powered or self-powered. (iv) The requirements of this section apply to powered platforms with winding drum type hoisting machines. It is not the intent of this section to prohibit powered platforms using other types of hoisting machines such as, but not limited to, traction drum hoisting machines, air powered machines, hydraulic powered machines, and internal combustion machines. Installation of powered platforms with other types of hoisting machines is permitted, provided adequate protective devices are used, and provided reasonable safety of life and limb to users of the equipment and to others who may be exposed is assured. (v) Both Type F and Type T powered platforms shall comply with the requirements of Appendix C of this rule. (C) "TYPE F POWERED PLATFORMS" (1) "Roof car, general.” (i) A roof car shall be provided whenever it is necessary to move the working platform horizontally to working or storage positions. (ii) The maximum rated speed at which a power traversed roof car may be moved in a horizontal direction shall be 50 feet per minute. (2) "Movement and positioning of roof car.” (i) Provision shall be made to protect against having the roof car leave the roof or enter roof areas not designed for travel. (ii) The horizontal motion of the roof cars shall be positively controlled so as to ensure proper movement and positioning of the roof car. (iii) Roof car positioning devices shall be provided to ensure that the working platform is placed and retained in proper position for vertical travel and during storage.

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(iv) Mechanical stops shall be provided to prevent the traversing of the roof car beyond its normal limits of travel. Such stops shall be capable of withstanding a force equal to 100 percent of the inertial effect of the roof car in motion with traversing power applied. (v)(a) The operating device of a power-operated roof car for traversing shall be located on the roof car, the working platform, or both, and shall be of the continuous pressure weatherproof electric type. If more than 1 operating device is provided, the operating device shall be so arranged that traversing is possible only from 1 operating device at a time. (b) The operating device shall be so connected that it is not operable until both of the following: (1) The working platform is located at its uppermost position of travel and is not in contact with the building face or fixed vertical guides in the face of the building; and (2) All protective devices and interlocks are in a position for traversing. (3) "Roof car stability." Roof car stability shall be determined by either paragraph (c)(3)(i) or (ii) of this appendix, whichever is greater. (i) The roof car shall be continuously stable, considering overturning moment as determined by 125 percent rated load, plus maximum dead load and the prescribed wind loading. (ii) The roof car and its anchorages shall be capable of resisting accidental over-tensioning of the wire ropes suspending the working platform and this calculated value shall include the effect of 1 1/2 times the value. For this calculation, the simultaneous effect of 1/2 wind load shall be included, and the design stresses shall not exceed those referred to in paragraph (b)(1) of this appendix. (iii) If the load on the motors is at any time in excess of 3 times that required for lifting the working platform with its rated load, the motor shall stall. (4)"Access to the roof car." Safe access to the roof car and from the roof car to the working platform shall be provided. If the access to the roof car at any point of its travel is not over the roof area or where otherwise necessary for safety, then self-closing, self-locking gates shall be provided. Access to and from roof cars shall comply with the requirements of General Industry Safety and Health Standard Part 2 “Walking-Working Surfaces,” as referenced in R 408.10509. (5) "Means for maintenance, repair, and storage." Means shall be provided to run the roof car away from the roof perimeter, where necessary, and to provide a safe area for maintenance, repairs, and storage. Provisions shall be made to secure the machine in the stored position. For stored machines subject to wind forces, see special design and anchorage requirements for "wind forces" in Part II, section 10.5.1.1 of ANSI A120.1 “Safety Requirement for Powered Platforms for Exterior Building Maintenance,” 1970 edition, as adopted in R 408.40509. (6) "General requirements for working platforms." The working platform shall be of girder or truss construction and shall be adequate to support its rated load under any position of loading, and comply with the provisions set forth in section 10 of ANSI A120.1 “Safety Requirement for Powered Platforms for Exterior Building Maintenance,” 1970 edition, as adopted in R 408.40509, (7) "Load rating plate." Each working platform shall bear a manufacturer's load rating plate, conspicuously posted; stating the maximum permissible rated load. Load rating plates shall be made of noncorrosive material and shall have letters and figures stamped, etched, or cast on the surface. The minimum height of the letters and figures shall be 1/4 inch. (8) "Minimum size." The working platform shall have a minimum net width of 24 inches. (9) "Guardrails." Working platforms shall be furnished with permanent guard rails not less than 36 inches high, and not more than 42 inches high at the front of building side. At the rear, and on the sides, the rail shall not be less than 42 inches high. An intermediate guardrail shall be provided around the entire platform between the top guardrail and the toeboard. (10) "Toeboards." A 4-inch toeboard shall be provided along all sides of the working platform.

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(11) "Open spaces between guardrails and toeboards." The spaces between the intermediate guardrail and platform toeboard on the building side of the working platform, and between the top guardrail and the toeboard on other sides of the platform, shall be filled with metallic mesh or similar material that will reject a ball 1 inch in diameter. The installed mesh shall be capable of withstanding a load of 100 pounds applied horizontally over any area of 144 square inches. If the space between the platform and the building face does not exceed 8 inches, and the platform is restrained by guides, the mesh may be omitted on the front side. (12) "Flooring." The platform flooring shall be of the nonskid type, and if of open construction, shall reject a 9/16 - inch diameter ball, or be provided with a screen below the floor to reject a 9/16 - inch diameter ball. (13) "Access gates." Where access gates are provided, access gates shall be self-closing and self-locking. (14) "Operating device for vertical movement of the working platform.” (i) The normal operating device for the working platform shall be located on the working platform and shall be of the continuous pressure weatherproof electric type. (ii) The operating device shall be operable only when all electrical protective devices and interlocks on the working platform are in position for normal service, and the roof car, if provided, is at an established operating point. (15) "Emergency electric operative device.” (i) In addition, on roof-powered platforms, an emergency electric operating device shall be provided near the hoisting machine for use in the event of failure of the normal operating device for the working platform, or failure of the traveling cable system. The emergency operating device shall be mounted in a locked compartment and shall have a legend mounted thereon reading: "for Emergency Operation Only. Establish Communication With Personnel on Working Platform Before Use." (ii) A key for unlocking the compartment housing the emergency operating device shall be mounted in a break-glass receptacle located near the emergency operating device. (16) "Manual cranking for emergency operation." Emergency operation of the main drive machine may be provided to allow manual cranking. This provision for manual operation shall be designed so that not more than 2 persons will be required to perform this operation. The access to this provision shall include a means to automatically make the machine inoperative electrically while under the emergency manual operation. The design shall be such that the emergency brake is operative at or below governor tripping speed during manual operation. (17) "Arrangement and guarding of hoisting equipment.” (i) Hoisting equipment shall consist of a power-driven drum or drum contained in the roof car, also known as roof-powered platforms, or contained on the working platform, also known as self-powered platform. (ii) The hoisting equipment shall be power-operated in both up and down directions. (iii) Guard or other protective devices shall be installed wherever rotating shafts or other mechanisms or gears may expose personnel to a hazard. (iv) Friction devices or clutches shall not be used for connecting the main driving mechanism to the drum or drums. Belt or chain-driven machines are prohibited. (18) "Hoisting motors.” (i) Hoisting motors shall be electric and of weather-proof construction. (ii) Hoisting motors shall be in conformance with applicable provisions of paragraph (c)(22) of this appendix, Electrical Wiring and Equipment.

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(iii) Hoisting motors shall be directly connected to the hoisting machinery. Motor couplings, if used, shall be of steel construction. (19) "Brakes." The hoisting machine or machines shall have 2 independent braking means, each designed to stop and hold the working platform with 125 percent of rated load. (20) "Hoisting ropes and rope connections.” (i) Working platforms shall be suspended by wire ropes of either 6 X 19 or 6 X 37 classification, preformed or non-preformed. (ii) [Reserved] (iii) The minimum factor of safety is 10, and shall be calculated by the following formula:

F = S x N / W

Where: S = Manufacturer's rated breaking strength of 1 rope. N = Number of ropes under load.

W = Maximum static load on all ropes with the platform and its rated load at any point of its travel.

(iv) Hoisting ropes shall be sized to conform with the required factor of safety, but in no case shall the size be less than 5/16 inch diameter. (v) Winding drums shall have at least 3 turns of rope remaining when the platform has landed at the lowest possible point of its travel. (vi) The lengthening or repairing of wire rope by the joining of 2 or more lengths is prohibited. (vii) The non-drum ends of the hoisting ropes shall be provided with individual shackle rods which will permit individual adjustment of rope lengths, if required. (viii) More than 2 reverse bends in each rope is prohibited. (21) "Rope tag data.” (i) A metal data tag shall be securely attached to 1 of the wire rope fastenings. This data tag shall bear the following wire rope data: (a) The diameter in inches. (b) Construction classification. (c) Whether non-preformed or preformed. (d) The grade of material used. (e) The manufacturer's rated breaking strength. (f) Name of the manufacturer of the rope. (g) The month and year the ropes were installed. (22) "Electrical wiring and equipment.” (i) All electrical equipment and wiring shall conform to the requirements of General Industry Safety Standard Part 39 “Design Safety Standards for Electrical Systems," except as modified by ANSI A120.1 “Safety Requirement for Powered Platforms for Exterior Building Maintenance,” 1970 edition, as adopted in R 408.40509. For detail design specifications for electrical equipment, see Part 2 of ANSI A120.1, 1970 edition. (ii) All motors and operation and control equipment shall be supplied from a single power source. (iii) The power supply for the powered platform shall be an independent circuit supplied through a fused disconnect switch.

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(iv) Electrical conductor parts of the power supply system shall be protected against accidental contact. (v) Electrical grounding shall be provided. (a) Provision for electrical grounding shall be included with the power-supply system. (b) Controller cabinets, motor frames, hoisting machines, the working platform, roof car and roof car track system, and noncurrent carrying parts of electrical equipment, where provided, shall be grounded. (c) The controller, where used, shall be so designed and installed that a single ground or short circuit will not prevent both the normal and final stopping device from stopping the working platform. (d) Means shall be provided on the roof car and working platform for grounding portable electric tools. (e) The working platform shall be grounded through a grounding connection in a traveling cable. Electrically powered tools utilized on the working platform shall be grounded. (vi) Electrical receptacles located on the roof or other exterior location shall be of a weatherproof type and shall be located so as not to be subject to contact with water or accumulated snow. The receptacles shall be grounded and the electric cable shall include a grounding conductor. The receptacle and plug shall be a type designed to avoid hazard to persons inserting or withdrawing the plug. Provision shall be made to prevent application of cable strain directly to the plug and receptacle. (vii) Electric runway conductor systems shall be of the type designed for use in exterior locations and shall be located so as not to be subject to contact with water or accumulated snow. The conductors, collectors, and disconnecting means shall conform to the same requirements as those for cranes and hoists in General Industry Safety Standard Part 39 “Design Safety Standards for Electrical Systems," as referenced in R 408.40509. A grounded conductor shall parallel the power conductors and be so connected that it cannot be opened by the disconnecting means. The system shall be designed to avoid hazard to persons in the area. (viii) Electrical protective devices and interlocks of the weatherproof type shall be provided. (ix) Where the installation includes a roof car, electric contact or contacts shall be provided and so connected that the operating devices for the working platform shall be operative only when the roof car is located and mechanically retained at an established operating point. (x) Where the powered platform includes a power-operated roof car, the operating device for the roof car shall be inoperative when the roof car is mechanically retained at an established operating point. (xi) An electric contact shall be provided and so connected that it will cause the down direction relay for vertical travel to open if the tension in the traveling cable exceeds safe limits. (xii) An automatic overload device shall be provided to cut off the electrical power to the circuit in all hoisting motors for travel in the up direction, should the load applied to the hoisting ropes at either end of the working platform exceed 125 percent of its normal tension with rated load, as shown on the manufacturer's data plate on the working platform. (xiii) An automatic device shall be provided for each hoisting rope which will cut off the electrical power to the hoisting motor or motors in the down direction and apply the brakes if any hoisting rope becomes slack. (xiv) Upper and lower directional limit devices shall be provided to prevent the travel of the working platform beyond the normal upper and lower limits of travel. (xv) Operation of a directional limit device shall prevent further motion in the appropriate direction, if the normal limit of travel has been reached.

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(xvi) Directional limit devices, if driven from the hoisting machine by chains, tapes, or cables, shall incorporate a device to disconnect the electric power from the hoisting machine and apply both the primary and secondary brakes in the event of failure of the driving means. (xvii) Final terminal stopping devices of the working platform: (a) Final terminal stopping devices for the working platform shall be provided as a secondary means of preventing the working platform from over-traveling at the terminals. (b) The device shall be set to function as close to each terminal landing as practical, but in such a way that under normal operating conditions it will not function when the working platform is stopped by the normal terminal stopping device. (c) Operation of the final terminal stopping device shall open the potential relay for vertical travel, thereby disconnecting the electric power from the hoisting machine, and applying both the primary and secondary brakes. (d) The final terminal stopping device for the upper limit of travel shall be mounted so that it is operated directly by the motion of the working platform itself. (xviii) Emergency stop switches shall be provided in or adjacent to each operating device. (xix) Emergency stop switches shall comply with the following: (a) Have red operating buttons or handles. (b) Be conspicuously and permanently marked "Stop." (c) Be the manually opened and manually closed type. (d) Be positively opened with the opening not solely dependent on springs. (xx) The manual operation of an emergency stop switch associated with an operating device for the working platform shall open the potential relay for vertical travel, thereby disconnecting the electric power from the hoisting machine and applying both the primary and secondary brakes. (xxi) The manual operation of the emergency stop switch associated with the operating device for a power-driven roof car shall cause the electrical power to the traverse machine to be interrupted, and the traverse machine brake to apply. (23) "Requirements for emergency communications.” (i) Communication equipment shall be provided for each powered platform for use in an emergency. (ii) Two-way communication shall be established between personnel on the roof and personnel on the stalled working platform before any emergency operation of the working platform is undertaken by personnel on the roof. (iii) The equipment shall permit 2-way voice communication between the working platform and include the following: (a) Designated personnel continuously available while the powered platform is in use; and (b) Designated personnel on roof-powered platforms, undertaking emergency operation of the working platform by means of the emergency operating device located near the hoisting machine. (iv) The emergency communication equipment shall be either of the following types: (a) Telephone connected to the central telephone exchange system. (b) Telephones on a limited system or an approved 2-way radio system, provided designated personnel are available to receive a message during the time the powered platform is in use. (D) "TYPE T POWERED PLATFORMS" (1) "Roof car." The requirements of paragraphs (c)(1) to (5) of this appendix apply to Type T powered platforms. (2) "Working platform." The requirements of paragraphs (c)(6) to (16) of this appendix apply to Type T powered platforms.

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(i) The working platform shall be suspended by at least 2 wire ropes. (ii) The maximum rated speed at which the working platform of self-powered platforms may be moved in a vertical direction shall not exceed 35 feet per minute. (3) "Hoisting equipment." The requirements of paragraphs (c)(17) and (18) of this appendix shall apply to Type T powered platforms. (4) "Brakes." Brakes requirements of paragraph (c)(19) of this appendix apply. (5) "Hoisting ropes and rope connections.” (i) Paragraph (c)(20)(i) to (vi) and (viii) of this appendix apply to type T powered platforms. (ii) Adjustable shackle rods in subparagraph (c)(20)(vii) of this appendix shall apply to Type T powered platforms if the working platform is suspended by more than 2 wire ropes. (6) "Electrical wiring and equipment.” (i) The requirements of paragraph (c)(22)(i) to (vi) of this appendix apply to Type T powered platforms. "Circuit protection limitation," "powered platform electrical service system," all operating services and control equipment shall comply with the specifications contained in Part 2, section 26, of ANSI A120.1 “Safety Requirement for Powered Platforms for Exterior Building Maintenance,” 1970 edition, as adopted in R 408.40509. (ii) For electrical protective devices the requirements of paragraph (c)(22)(i) to (viii) of this appendix apply to Type T powered platforms. Requirements for the "circuit potential limitation" shall be in accordance with the specifications contained in Part 2, section 26, of ANSI A120.1 “Safety Requirement for Powered Platforms for Exterior Building Maintenance,” 1970 edition, as adopted in R 408.40509. (7) "Emergency communications." All the requirements of paragraph (c)(23) of this appendix apply to Type T powered platforms.

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MICHIGAN ADMINISTRATIVE CODE TABLE

(2017 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 2017, and indicates the effect of these rules on the Michigan Administrative Code (1979 ed.).

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MICHIGAN ADMINISTRATIVE CODE TABLE (2017 RULE FILINGS)

R Number Action

2017 MR

Issue R Number Action

2017 MR


2017 MR

Issue 11.101 R 4 257.123 R 2 281.770.1 R 19 11.102 R 4 257.124 R 2 281.770.3 R 19 11.103 R 4 257.124a R 2 285.203.1 R 1

11.104 R 4 257.124b R 2 285.547.1 R 12 11.105 R 4 257.125 R 2 299.44 * 20 11.106 R 4 257.126 R 2 299.49 * 20 11.107 R 4 257.131 R 2 299.9102 * 6 11.108 R 4 257.132 R 2 299.9103 * 6 11.109 R 4 257.133 R 2 299.9104 * 6 11.110 R 4 257.134 R 2 299.9105 * 6 11.111 R 4 257.135 R 2 299.9107 * 6 11.112 R 4 257.136 R 2 299.9108 * 6 11.113 R 4 257.137 R 2 299.9109 * 6 11.114 R 4 257.141 R 2 299.9202 * 6 11.115 R 4 257.142 R 2 299.9203 * 6 11.116 R 4 257.143 R 2 299.9204 * 6

29.1701 * 6 257.144 R 2 299.9205 * 6 29.1702 * 6 257.145 R 2 299.9206 * 6 29.1703 * 6 257.151 R 2 299.9217 * 6 29.1704 * 6 257.152 R 2 299.9220 * 6 29.1705 * 6 257.153 R 2 299.9224 * 6 29.1706 * 6 257.154 R 2 299.9225 * 6 29.1707 * 6 257.155 R 2 299.9226 * 6 29.1708 * 6 257.156 R 2 299.9227 * 6 29.1710 * 6 257.157 R 2 299.9231 * 6 29.1721 * 6 257.161 R 2 299.9304 * 6 29.1723 * 6 257.162 R 2 299.9307 * 6 29.1731 * 6 257.163 R 2 299.9409 * 6 29.1733 * 6 257.164 R 2 299.9502 * 6 29.1722 R 6 257.165 R 2 299.9519 * 6 29.1732 R 6 257.166 R 2 299.9525 * 6 257.101 R 2 257.166a R 2 299.9607 * 6 257.102 R 2 257.167 R 2 299.9608 * 6 257.103 R 2 257.168 R 2 299.9612 * 6 257.104 R 2 257.169 R 2 299.9621 * 6 257.111 R 2 257.17 R 2 299.9629 * 6 257.112 R 2 257.171 R 2 299.9801 * 6 257.121 R 2 257.172 R 2 299.9808 * 6 257.122 R 2 257.173 R 2 299.9822 * 6

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

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R Number Action

2017 MR


2017 MR


2017 MR

Issue 299.11001 * 6 325.13105 * 18 325.13309 A 18 299.11002 * 6 325.13106 * 18 325.13110 R 18 299.11003 * 6 325.13107 * 18 325.13202 R 18 299.11004 * 6 325.13108 * 18 325.13210 R 18 299.11005 * 6 325.13109 * 18 325.13212 R 18 299.11006 * 6 325.13111 * 18 325.13543 R 18 299.9232 A 6 325.13201 * 18 325.21105 * 5 299.9233 A 6 325.13203 * 18 325.51101 * 4 299.9234 A 6 325.13204 * 18 325.51101a * 4 299.9230 R 6 325.13205 * 18 325.51102 * 4 318.111 * 21 325.13207 * 18 325.51103 * 4 318.145c * 21 325.13208 * 18 325.51104 * 4 318.146 * 21 325.13211 * 18 325.59001 A 4

323.1701 * 12 325.13213 * 18 325.59005 A 4 323.1714 * 12 325.13301 * 18 325.59010 A 4

324.20402 * 5 325.13302 * 18 325.59012 A 4 324.20506 * 5 325.13303 * 18 325.59015 A 4 324.20602 * 5 325.13304 * 18 325.60151 * 4 324.21102 * 5 325.13305 * 18 325.60151a * 4

325.125 * 10 325.13306 * 18 325.60152 * 4 325.126 * 10 325.13307 * 18 325.60155 * 4 325.127 * 10 325.13501 * 18 325.60156 * 4 325.128 * 10 325.13503 * 18 325.60157 * 4 325.129 * 10 325.13505 * 18 325.60158 * 4 325.130 * 10 325.13507 * 18 325.60159 * 4 325.131 * 10 325.13509 * 18 325.60160 * 4 325.132 * 10 325.13511 * 18 325.60161 * 4 325.133 * 10 325.13513 * 18 325.63001 * 4 325.134 * 10 325.13515 * 18 325.63002 * 4 325.135 * 10 325.13517 * 18 325.63049 R 4 325.136 * 10 325.13519 * 18 325.69001 A 4 325.137 * 10 325.13521 * 18 325.69005 A 4 325.138 * 10 325.13523 * 18 325.69010 A 4

325.1922 * 10 325.13525 * 18 325.69012 A 4 325.1923 * 10 325.13527 * 18 325.69015 A 4 325.1944 * 10 325.13529 * 18 336.1610 * 6

325.13101 * 18 325.13541 * 18 336.1611 * 6 325.13102 * 18 325.13112 A 18 336.1612 * 6 325.13104 * 18 325.13308 A 18 336.1613 * 6


2017 MR 21 – December 1, 2017

145

R Number Action

2017 MR


2017 MR


2017 MR

Issue 336.1614 * 6 338.1236 * 20 340.237 R 2 336.1618 * 6 338.1237 * 20 340.238 R 2

336.1619 * 6 338.1215 A 20 340.1101 R 2 336.1622 * 6 338.1251 A 20 340.1102 R 2 336.1625 * 6 338.1252 A 20 340.1103 R 2 336.1627 * 6 338.1238 R 20 340.1104 R 2 336.1628 * 6 338.1378 A 18 340.1105 R 2

336.1629 * 6 338.1301 * 18 340.1106 R 2 336.1632 * 6 338.1309 * 18 340.1107 R 2 336.1651 * 6 338.1317 * 18 340.1301 R 2 336.1660 * 6 338.1321 * 18 340.1302 R 2 336.1661 * 6 338.1325 * 18 340.1303 R 2 338.471b A 21 338.1337 * 18 340.1304 R 2 338.701 * 5 338.1341 * 18 340.1305 R 2

338.705 * 5 338.1345 * 18 338.7001 * 4 338.709 * 5 338.1349 * 18 338.7001a * 4 338.711 * 5 338.1357 * 18 338.7002 * 4 338.713 * 5 338.1369 * 18 338.7003 * 4 338.715 * 5 338.1305 R 18 338.7126 A 1 338.717 * 5 338.1313 R 18 338.8102 A 1 338.719 * 5 338.1329 R 18 338.8103 * 21 338.723 * 5 338.1333 R 18 338.8108 R 21 338.727 * 5 338.1353 R 18 338.8109 * 21 338.704 A 4 338.1365 R 18 338.8110 * 21 338.731 A 5 338.1373 R 18 338.8111 * 21 338.733 A 5 338.1377 R 18 338.8113 * 21 338.703 R 5 338.2101 * 6 338.8114 R 21 338.721 R 5 338.2179 * 6 338.8126 * 21 338.725 R 5 340.71 R 2 338.8127 * 21

338.1223 * 20 340.72 R 2 338.8128 * 21 338.1223a * 20 340.73 R 2 338.8129 R 21 338.1224 * 20 340.74 R 2 338.8130 R 21 338.1226 * 20 340.75 R 2 338.8110 * 1

338.1227 * 20 340.231 R 2 338.8111 * 1

338.1229 * 20 340.232 R 2 338.8127 * 1

338.1233 * 20 340.233 R 2 338.8131 R 1

338.1233a * 20 340.234 R 2 338.8132 R 1

338.1234 * 20 340.235 R 2 338.8133 R 1

338.1235 * 20 340.236 R 2 338.8134 R 1 (* Amendment to Rule, A Added Rule, N New Rule, R Rescinded Rule)

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146

R Number Action

2017 MR


2017 MR


2017 MR

Issue 338.8135 R 1 338.10401 * 1 339.22205 R 6 338.8136 R 1 338.10401a A 1 339.22207 R 6 338.5101 * 1 338.10401b A 1 339.22211 R 6 338.5102 * 1 338.10403 * 1 339.22215 R 6 338.5115 * 1 338.10404 * 1 339.22301 R 6 338.5405 * 1 338.10404a A 1 339.22309 R 6

338.10101 * 1 338.10405 * 1 339.22310 R 6 338.10102 R 1 338.10405a A 1 339.22311 R 6 338.10103 R 1 338.10405b A 1 339.22317 R 6 338.10105 A 1 338.10601 * 1 339.22319 R 6 338.10201 R 1 338.10602 * 1 339.22323 R 6 338.10203 * 1 338.10603 R 1 339.22325 R 6 338.10204 * 1 338.10701 * 1 339.22327 R 6 338.10206 * 1 338.10702 * 1 339.22329 R 6 338.10207 A 1 338.10703 * 1 339.22339 R 6 338.10208 A 1 338.10704 * 1 339.22401 R 6 338.10209 A 1 338.11123 A 1 339.22405 R 6 338.1021 A 1 338.11202 * 1 340.1121 * 5

338.10211 A 1 338.11301 * 1 340.1122 * 5 338.10212 A 1 338.11303 * 1 408.11402 A 4 338.10213 A 1 338.11307 * 1 408.11407 * 4 338.10301 * 1 338.11501 * 1 408.11412 * 4 338.10302 R 1 338.11503 R 1 408.11421 * 4 338.10303 * 1 338.11505 * 1 408.11422 * 4

338.10303a A 1 338.11507 R 1 408.11425 * 4 338.10303b A 1 338.11509 R 1 408.11433 * 4 338.10303c A 1 338.11511 R 1 408.11445 * 4 338.10305 * 1 338.11515 * 1 408.15102 * 4

338.10305a A 1 338.11519 * 1 408.15111 * 4 338.10305b A 1 338.11523 * 1 408.15114 * 4 338.10305c A 1 338.11601 * 1 408.15117 * 4 338.10306 * 1 338.11602 * 1 408.15120 * 4 338.10307 * 1 338.11603 * 1 408.15125 * 4 338.10308 * 1 338.11605 * 1 408.15127 * 4 338.10309 * 1 338.11701 * 1 408.15130 * 4 338.1031 * 1 338.11704 * 1 408.15131 * 4

338.10310a A 1 338.11704b * 1 408.15144 * 4 338.10311 * 1 338.11704c * 1 408.15146 * 4 338.10312 * 1 338.11705 * 1 408.15148 * 4


2017 MR 21 – December 1, 2017

147

R Number Action

2017 MR


2017 MR


2017 MR

Issue 408.15150 * 4 418.10909 * 1 460.2403 R 4 408.15165 * 4 418.10915 * 1 460.2404 R 4 408.15166 * 4 418.10922 * 1 460.2405 R 4 408.15117a A 4 418.10925 * 1 460.2406 R 4 408.15117b A 4 418.101002 * 1 460.2407 R 4 408.15146a A 4 418.101003a * 1 460.2408 R 4 408.15146b A 4 418.101004 * 1 460.2409 R 4 408.19001 * 4 418.101005 * 1 460.2410 R 4 408.19002 * 4 418.101007 * 1 460.2411 R 4 408.19101 * 4 418.101008a * 1 460.2412 R 4 408.19102 * 4 418.101023 * 1 460.2413 R 4 408.19103 * 4 418.101101 * 1 460.2414 R 4 408.30401 * 20 418.101304 * 1 490.111 R 20 408.30757 * 12 418.101503 * 1 490.112 R 20 408.31087 * 10 436.1117 R 9 490.115 R 20 408.31087a * 10 436.1601 * 5 490.116 R 20 408.31088 * 10 436.1609 * 5 567.1 A 5 408.31090 * 10 436.1611 * 5 567.2 A 5 408.31089 R 10 436.1613 * 5 567.3 A 5

408.31087b A 10 436.1617 * 5 567.4 A 5 408.31088a A 10 436.1621 * 5 567.5 A 5 408.31091 A 10 436.1631 * 5 567.6 A 5 408.31092 A 10 436.1641 * 5 567.7 A 5 408.31092a A 10 436.1605 R 5 567.8 A 5 408.31093 A 10 436.1607 R 5 567.9 A 5

408.31098b A 10 436.1615 R 5 567.10 A 5 408.31098c A 10 436.1705 * 5 567.11 A 5 418.10106 * 1 436.1708 * 5 567.12 A 5 418.10107 * 1 436.1719 * 5 567.13 A 5 418.10108 * 1 436.1720 * 5 567.14 A 5 418.10109 * 1 436.1725 * 5 567.15 A 5 418.10111 * 1 436.1735 * 5 418.10119 R 1 436.1701 A 5 418.10202 * 1 436.1704 A 5 418.10209 * 1 436.1702 R 5 418.10505 * 1 436.1703 R 5 418.10901 * 1 436.1712 R 5 418.10904 * 1 460.2401 R 4 418.10907 R 1 460.2402 R 4


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CUMULATIVE

INDEX A

ARGICULTURE AND RURAL DEVELOPMENT, DEPARTMENT OF Repeal Repeal PA 257 of 2016 Regulation 203 Animal remedies (2017-1) Repeal PA 210 of 2015 Regulation No. 547. Hazardous Substances (2017-11) Regulation No. 202 Fresh Fruits and Vegetables Containing Poisonous Spray Residue (2017-14) ATTORNEY GENERAL, DEPARTMENT OF Opinions Aquaculture not permitted in the Michigan waters of the Great Lakes AG Opinion No. 7293 (2017-1) Validity of local ordinance raising the age of person able to purchase tobacco products to the age of 21 AG Opinion No. 7294 (2017-3) Compatibility of Offices of Village President and Village Manager

AG Opinion No. 7295 (2017-5) Reduction of state school aid for use of certain mascots or logos

AG Opinion No. 7296 (2017-13) County commissioner and member of board of review

AG Opinion No. 7297 (2017-16) Duplicate certificates of marriage as proof of marriage

AG Opinion No. 7298 (2017-19)

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149

Appropriations and expenditures from Michigan Natural Resources Trust Fund AG Opinion No. 7299 (2017-20)

E

EDUCATION, DEPARTMENT OF Certification and Licensure of School Counselors (2017-21) Education of Pregnant and Parenting Students (2017-5) Eye Protection Devices (2017-2) Personality Test (2017-2) Release of Children for Attending Religious Instruction Classes (2017-2) School Administrator Certification Code (2017-21) School Administrator Continuing Education(2017-21) School Psychologist Certification Code (2017-21) Teacher Certification Code (2017-21) Teacher and School Administrator Evaluation Tools (2017-6) Use of School Bus for Transportation of Senior Citizens (2017-2)

E ENVIRONMENTAL QUALITY, DEPARTMENT OF EMERGENCY RULE Establishment of Cleanup Criteria for 1, 4-Dioxane (2017-8) Environmental Contamination Response Activity (2017-20) Hazardous Waste Management (2017-6) Part 6. Emission Limitations and Prohibitions Existing Sources of Volatile Organic Compound Emissions (2017-6) Part 17. Soil Erosion and Sedimentation Control (2017-12) EXECUTIVE OFFICE PROCLAMATION Request for Extension of Declaration of Emergency (2017-2) Executive Order No. 1 -2017 (2017-5) No. 2 -2017 (2017-5) No. 3 -2017 (2017-7) No. 4 -2017 (2017-11) No. 5 -2017 (2017-12) No. 6 -2017 (2017-16) No. 7 -2017 (2017-19) No. 8 -2017 (2017-20) No. 9 -2017 (2017-20)

H HEALTH AND HUMAN SERVICES, DEPARTMENT OF Certificate of Need

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150

Nursing Home and Hospital Long Term Care Unit Beds (2017-18) Birth Defect Reporting (2017-16*) Crime Victims Services – General Rules (2017-19*) Statewide Trauma System (2017-10)

I INSURANCE AND FINANCIAL SERVICES, DEPARTMENT OF Certificates of No-Fault Self-Insurance (2017-14*) Credit Union Rules (2017-20) Replacement of Life Insurance Policies (2017-12)

L LICENSING AND REGULATORY AFFAIRS, DEPARTMENT OF CORRECTIONS Administrative Standard Part 11 Recording and Reporting of Occupational Injury and Illnesses (2017-6) Construction Safety Standard Part 8 Handling and Storage of Materials (2017-5) Construction Safety Standard Part 12. Scaffolds and Scaffold Platforms (2017-9) General Industry Safety Standard Part 14 Conveyors (2017-6) General Industry Safety Standard Part 21 Powered Industrial Trucks (2017-6) General Industry Safety Standard Part 24 Mechanical Power Presses (2017-5) Occupational Health Standard Part 590 Silica in General Industry (2017-9) EMERGENCY RULE Standing Order for Dispensing Opioid Antagonist (2017-10) Construction Code – Part 4. Building Code (2017-11) REPEAL Repeal – Real Estate Broker Rules (2017-6) Repeal - Residential Conservation Program Standards (2017-5) A Standing Order for Dispensing Opioid Antagonist (2017-18*) Architects – General Rules (2017-14*) Athletic Training – General Rules (2017-1 Beer – General Rules (2017-5) Board of Athletic Trainers (2017-18) Pharmacy - General Rules (2017-21) Board of Physical Therapy General Rules (2017-1) Board of Psychology – General Rules (2017-6) Board of Nursing - General Rules (2017-1) (2017-16*) Cosmetology (2017-6) Dentistry - General Rules (2017-1) Electrical Supply and Communication Lines and Associated Equipment (2017-8*) Employment Relations Commission – General Rules (2017-14) General Rules Public Health Code (2017-4)

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151

Homes for the Aged (2017-10) Hospice and Hospice Residences (2017-18) Licensing Qualifications -Retail license; Participating agreement (2017-9) Licensing Qualifications - - SDD License; prohibited issuance or transfer (2017-15*) Massage Therapy – General Rules (2017-5) Nursing Homes and Nursing Care Facilities (2017-5) Occupational Therapy (2017-20) Part 1. General Provisions (2017-17*) Part 2. Walking Working Surfaces (2017-17*) Part 3. Fixed Ladders (2017-17*) Part 4 Portable Ladders (2017-17*) Part 4. Building Code (2017-13*) (2017-20) Part 5. Powered Platforms for Building Maintenance (2017-21*) Part 7. Plumbing Code (2017-12) Part 10a Michigan Energy Code (2017-10) Part 14 – Conveyors GI (2017-4) Part 18. Overhead and Gantry Cranes (2017-17*) Part 21. Powered Industrial Trucks (2017-17*) Part 25. Manlifts (2017-17*) Part 27. Woodworking Machinery – GI (2017-20*) Part 30 – Telecommunications for Construction (2017-2) Part 33. Personal Protective Equipment (2017-17*) Part 50 – Telecommunications for General Industry (2017-2) Part 50. Telecommunications (2017-17*) Part 51 – Logging GI (2017-4) Part 52. Sawmills – GI (2017-20*) Part 58. Aerial Work Platforms – GI (2017-20*) Part 86. Electric Power Generation, Transmission, and Distribution (2017-21*) Part 90 – Permit Required Confined Spaces GI (2017-4) Part 91 – Process Safety Management of Highly Hazardous Chemicals GI (2017-4) Part 301 – Air Contaminants for GI (2017-4) Part 340 Beryllium (2017-17*) Part 490 – Permit Required Confined Spaces OH (2017-4) Part 590 – Silica in GI (2017-4) Part 601 – Air Contaminants for Construction OH (2017-4) Part 690 – Silica in Construction OH (2017-4) Penal Facilities Fire Safety Rules (2017-6) Pharmacy - General Rules (2017-21) Podiatric Medicine and Surgery - General Rules (2017-21) Public Health Code – General Rules (2107-16*) Real Estate Brokers and Salesperson – General Rules (2017-18*) Responsibilities of Providers of Basic Local Exchange Service that Cease to Provide the Service (2017-12*) Veterinary Medicine – General Rules (2017-16*) Veterinary Technician Licensure (2017-16*) Wine – General Rules (2017-5) Workers’ Compensation Health Care Services (2017-19*)

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152

N NATURAL RESOURCES, DEPARTMENT OF Mackinac Island State Park Commission – General Rules (2017-21) Pure Michigan Trail, Water Trail, and Trail Town Designation (2017-13*) Special Local Watercraft Controls (2017-19*)

S STATE, DEPARTMENT OF Assigned Claims Plan (2017-4) Automotive Regulations (2017-2) STATE, DEPARTMENT OF Repeal Michigan Uniform Traffic Code Test for Breath Alcohol Repeal PA 61 of 2017 (2017-15) Alcohol and Drug Testing of Biological and Nonbiological Specimens (2017-21) Test for Breath Alcohol (2017-15*)

T TRANSPORTATION, DEPARTMENT OF Automotive Regulation – General Rules (2017-3) TREASURY, DEPARTMENT OF Audit Standards for Examinations under the Uniform Unclaimed Property Act (2017-5) Charitable Gaming (2017-20*) Lottery Rules (2017-20*) Taxpayer Bill of Rights (2017-21*)

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ENROLLED SENATE AND HOUSE BILLS SIGNED INTO LAW OR VETOED

(2017 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.”

2017 MichiganPublic Acts TableLegislative Service BureauLegal Division, Statutory Compiling and Law Publications Unit124 W. Allegan, Lansing, MI 48909

November 8, 2017

Through Act 150 of 2017

ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved

Filed Date Effective Date SUBJECT

1 0016 Yes 3/30 3/31 6/29/17 Corrections; parole; parole sanctions certainty act; create. (Sen. J. Proos)

2 0005 Yes 3/30 3/31 6/29/17 Criminal procedure; other; certain definitions and requirements for the manner in which data regarding recidivism are collected; provide for in the code of criminal procedure. (Sen. J. Proos)

3 0006 Yes 3/30 3/31 6/29/17 Corrections; alternatives; certain definitions and requirements for the manner in which data regarding recidivism are collected; provide for in the community corrections act. (Sen. T. Schuitmaker)

4 0007 Yes 3/30 3/31 6/29/17 Corrections; other; definitions of certain terms and the manner in which data regarding recidivism are collected; provide for in the code of corrections. (Sen. M. Knollenberg)

5 0008 Yes 3/30 3/31 6/29/17 Corrections; parole; use of evidence-based supervision practices; require. (Sen. P. MacGregor)

6 0009 Yes 3/30 3/31 6/29/17 Corrections; other; reentry services provided to prisoners housed in correctional institutions by certain organizations; require the department to develop screening and registration policies and procedures for those organizations. (Sen. J. Proos)

7 0010 Yes 3/30 3/31 6/29/17 Corrections; parole; department to provide quarterly report providing reasons inmates beyond their earliest release date have not been paroled; require. (Sen. M. O'Brien)

8 0012 Yes 3/30 3/31 6/29/17 Corrections; parole; commutation hearings and procedures; expedite review and hearing process for certain commutations if requested by governor. (Sen. R. Jones)

* - 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 0013 Yes 3/30 3/31 6/29/17 Criminal procedure; probation; penalties for probationers who commit technical probation violations; modify. (Sen. J. Proos)

10 0015 Yes 3/30 3/31 6/29/17 Criminal procedure; probation; reduction of term of probation; allow in certain cases. (Sen. R. Jones)

11 0017 Yes 3/30 3/31 6/29/17 # Corrections; parole; supervising region incentive program; create. (Sen. M. Shirkey)

12 0018 Yes 3/30 3/31 6/29/17 # Corrections; parole; department of corrections to report parole absconders to department of health and human services; require. (Sen. K. Horn)

13 0019 Yes 3/30 3/31 6/29/17 # Human services; services or financial assistance; services or financial assistance provided to individual who absconds from parole; require to be discontinued. (Sen. D. Zorn)

14 0020 Yes 3/30 3/31 6/29/17 Corrections; other; reference to general education development (GED); revise to high school equivalency. (Sen. D. Robertson)

15 0021 Yes 3/30 3/31 6/29/17 Crime victims; other; crime victims fund; ensure funds may be provided to minor victims of crime and require certain reporting. (Sen. R. Warren)

16 0022 Yes 3/30 3/31 6/29/17 Corrections; prisoners; department to provide rehabilitation programming for 18-to 22-year-old inmates that specifically takes the prisoners' age into consideration and to report certain information; require. (Sen. B. Johnson)

17 0023 Yes 3/30 3/31 6/29/17 Criminal procedure; other; swift and sure probation sanctions; modify, and create the swift and sure probation supervision fund. (Sen. J. Proos)

18 0024 Yes 3/30 3/31 6/29/17 Courts; other; swift and sure sanctions court; create. (Sen. J. Proos)




++ - Pocket veto.

2017 Michigan Public Acts Table

ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


19 0034 Yes 3/30 3/31 6/29/17 Highways; name; portion of US-23; designate as the "Sergeant Joe Johnson Memorial Highway". (Sen. J. Ananich)

20 0039 Yes 3/30 3/31 3/31/17 Probate; other; exceptions to definition of surviving spouse in relation to a funeral representative; revise. (Sen. R. Jones)

21 0069 Yes 3/30 3/31 3/31/17 State financing and management; other; disclosure of certain information in procurement process; modify. (Sen. R. Jones)

22 0213 Yes 3/30 3/31 3/31/17 Health; other; prescribing drugs, including controlled substances, via telehealth; provide for under certain circumstances and allow Michigan board of nursing to promulgate certain rules for clinical nurse specialists. (Sen. P. MacGregor)

23 4080 Yes 4/27 4/27 4/27/17 State financing and management; other; certain forms of energy improvement financing for certain school districts; provide for. (Rep. B. Griffin)

24 4137 Yes 5/4 5/4 8/2/17 Law enforcement; records; fingerprinting and photographing of child or youth with special health care needs taken and submitted to the automated fingerprint identification system (AFIS) and the statewide network of agency photos upon request of parent or guardian; allow. (Rep. B. Frederick)

25 0038 Yes 5/4 5/4 8/2/17 Law enforcement; records; procedure for fingerprinting and photographing of individual with special health care needs taken and submitted to the automated fingerprint identification system (AFIS) and the statewide network of agency photos upon request of parent or guardian; allow and establish. (Sen. R. Jones)

26 0119 Yes 5/4 5/4 5/4/17 Property; conveyances; transfer of certain state-owned property in Marquette County; provide for. (Sen. T. Casperson)

27 4136 Yes 5/4 5/4 5/4/17 Property tax; delinquent taxes; administration of delinquent tax revolving funds; clarify. (Rep. J. Tedder)

28 4057 Yes 5/9 5/9 8/7/17 Highways; name; portion of US-12 in the city of Jonesville; designate as the "James Bondsteel Memorial Highway". (Rep. E. Leutheuser)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


29 4063 Yes 5/8 5/9 8/7/17 # Crimes; other; aiming a beam of directed energy from a directed energy device at or into path of aircraft or moving train; prohibit and provide penalty. (Rep. L. Cox)

30 4064 Yes 5/8 5/9 8/7/17 # Criminal procedure; sentencing guidelines; sentencing guidelines for crime of aiming beam of directed energy from a directed energy device at aircraft or into path of aircraft or path of moving train; enact. (Rep. T. Barrett)

31 4203 Yes 5/8 5/9 8/7/17 State; identification cards; secretary of state sharing of photographs taken for official state personal identification card with the department of state police; allow. (Rep. B. LaFave)

32 4204 Yes 5/8 5/9 8/7/17 Traffic control; driver license; access to driver license photograph of concealed weapons license holders; allow by department of state police. (Rep. T. Cole)

33 4329 Yes 5/8 5/9 5/9/17 Appropriations; zero budget; supplemental appropriations; provide for fiscal year 2016-2017. (Rep. J. Yaroch)

34 4219 Yes 5/23 5/23 8/21/17 Criminal procedure; sentencing; deferral and dismissal eligibility for victims of human trafficking; expand. (Rep. B. Kahle)

35 4167 Yes 5/23 5/23 8/21/17 Vehicles; trucks; length limit; increase truck and trailer combinations transporting agricultural drainage tubing to 75 feet. (Rep. B. Frederick)

36 4288 Yes 5/23 5/23 5/23/17 Family law; other; jurisdiction to establish a support order in certain circumstances under uniform interstate family support act (UIFSA); modify. (Rep. K. Kesto)

37 0046 Yes 5/23 5/23 8/21/17 Traffic control; traffic regulation; requirement that emergency lights be mounted on the roof of an authorized emergency vehicle; eliminate. (Sen. D. Zorn)

38 0102 Yes 5/23 5/23 8/21/17 Property; other; Michigan community foundation act; create. (Sen. W. Schmidt)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


39 0118 Yes 5/23 5/23 8/21/17 Recreation; trails; National Trails System; allow department of natural resources to become a trail sponsor, and provide limited liability for personal injuries. (Sen. G. Hansen)

40 0129 Yes 5/23 5/23 8/21/17 Natural resources; mining; small native copper mining operations; establish separate regulatory program for. (Sen. T. Casperson)

41 0202 Yes 5/23 5/23 5/23/17 Crimes; gambling; social media internet game providing certain awards to players; allow. (Sen. J. Brandenburg)

42 0359 Yes 5/25 5/25 5/25/17 Property tax; exemptions; delivery of combined document for personal property exemption; modify deadline date. (Sen. D. Hildenbrand)

43 4131 Yes 6/7 6/7 9/5/17 Retirement; other; forfeiture of employer contributions to a defined contribution plan if public employee is convicted of certain felonies; provide for. (Rep. J. Runestad)

44 4058 Yes 6/7 6/7 6/7/17 Economic development; neighborhood enterprise zones; requirement to send report of assessed values and ad valorem taxes to the Michigan enterprise zone authority; eliminate. (Rep. E. Leutheuser)

45 0176 Yes 6/7 6/7 9/5/17 Highways; signs; tourist-oriented directional sign; revise requirements for eligible attractions. (Sen. T. Casperson)

46 0111 Yes 6/8 6/9 7/24/17 Economic development; brownfield redevelopment authority; transformational brownfield plans; provide for. (Sen. K. Horn)

47 0112 Yes 6/8 6/9 7/24/17 Individual income tax; collections; certain revenues attributable to transformational brownfield plans; capture and earmark. (Sen. J. Brandenburg)

48 0113 Yes 6/8 6/9 7/24/17 Sales tax; collections; certain revenue attributable to transformational brownfield plans; capture and earmark. (Sen. T. Casperson)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


49 0114 Yes 6/8 6/9 7/24/17 Use tax; collections; certain revenue attributable to transformational brownfield plans; capture and earmark. (Sen. P. MacGregor)

50 0115 Yes 6/8 6/9 7/24/17 Economic development; renaissance zones; exemption of certain taxes; modify. (Sen. S. Bieda)

51 4209 Yes 6/15 6/15 9/13/17 Courts; juries; juror compensation; increase. (Rep. P. Lucido)

52 4210 Yes 6/15 6/15 9/13/17 # Courts; juries; increase in juror compensation; provide for. (Rep. P. Lucido)

53 4211 Yes 6/15 6/15 9/13/17 Criminal procedure; evidence; testimony of expert witnesses regarding behavior pattern of human trafficking victims; allow under certain circumstances. (Rep. P. Lucido)

54 4532 Yes 6/15 6/15 6/15/17 Property; recording; marital status in instruments conveying or mortgaging real estate; modify. (Rep. M. Whiteford)

55 0043 Yes 6/15 6/15 9/13/17 Public employees and officers; compensation and benefits; public employee health benefits act; allow alternative cash reserves option for pooled plans. (Sen. G. Hansen)

56 0126 Yes 6/15 6/15 9/13/17 Occupations; real estate; continuing education hours for real estate brokers and salespersons; revise requirements. (Sen. M. Kowall)

57 0158 Yes 6/15 6/15 9/13/17 Occupations; business licensing and registration; licensure of used motor vehicle parts dealers; exclude certain businesses regulated under the natural resources and environmental protection act. (Sen. R. Jones)

58 0168 Yes 6/15 6/15 6/15/17 Insurance; no-fault; auto theft prevention authority assessment; expand to commercial vehicles. (Sen. R. Jones)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


59 4013 Yes 6/28 6/28 9/26/17 Vehicles; registration; paperless registration; allow. (Rep. P. Lucido)

60 4082 Yes 6/28 6/28 9/26/17 Natural resources; other; DNR prescribed burns; require notification to township supervisor and 9-1-1 service. (Rep. M. Whiteford)

61 4215 Yes 6/28 6/28 9/26/17 Traffic control; violations; unattended running vehicles; allow under certain circumstances. (Rep. H. Hughes)

62 4286 Yes 6/28 6/28 6/28/17 Drains; districts; addition of county to or removal of county from drainage district; provide for. (Rep. R. Victory)

63 0239 Yes 6/28 6/28 9/26/17 Highways; other; transfer of abandoned highway; clarify. (Sen. T. Casperson)

64 4612 Yes 6/29 6/30 6/30/17 Criminal procedure; sentencing; certain permissible costs; extend sunset. (Rep. R. VerHeulen)

65 4613 Yes 6/29 6/30 9/28/17 Courts; other; trial court funding commission; create, and prescribe powers and duties. (Rep. R. VerHeulen)

66 4169 Yes 6/29 6/30 6/30/17 Liquor; licenses; prohibition on issuing license within 500 feet of church or school; extend exemption to licenses issued or renewed before certain date. (Rep. T. Brann)

67 4325 Yes 6/29 6/30 6/30/17 Insurance; producers; continuing education credit carryover system for insurance producers; provide for, and revise valuation standards for certain individual annuity and pure endowment contracts. (Rep. T. Barrett)

68 4636 Yes 7/11 7/11 10/9/17 Crimes; other; procedures of clitoridectomy, infibulation, or other female genital mutilation; prohibit, and provide penalties. (Rep. M. Hoitenga)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


69 4637 Yes 7/11 7/11 10/9/17 Crimes; other; transporting person for purpose of performing genital mutilation; prohibit. (Rep. D. Farrington)

70 0337 Yes 7/11 7/11 10/9/17 Crimes; other; procedures of clitoridectomy, infibulation, or other female genital mutilation; prohibit, and provide penalties. (Sen. M. O'Brien)

71 0368 Yes 7/11 7/11 10/9/17 Crimes; other; penalties for transporting for the purpose of female genital mutilation; provide for. (Sen. T. Schuitmaker)

72 0338 Yes 7/11 7/11 10/9/17 # Criminal procedure; sentencing guidelines; crime of performing clitoridectomy, infibulation, or other female genital mutilation; provide sentencing guidelines for. (Sen. R. Jones)

73 0369 Yes 7/11 7/11 10/9/17 # Criminal procedure; sentencing guidelines; sentencing guidelines for crimes of transporting female for purpose of female genital mutilation; provide for. (Sen. J. Emmons)

74 4638 Yes 7/11 7/11 10/9/17 # Criminal procedure; sentencing guidelines; crimes of performing female genital mutilation and of transporting a person for purpose of genital mutilation; provide sentencing guidelines for. (Rep. D. Rendon)

75 4639 Yes 7/11 7/11 10/9/17 # Health occupations; health professionals; permanent revocation of occupational license or registration if convicted of female genital mutilation or transporting person for purpose of performing female genital mutilation under state law; provide for. (Rep. K. Kesto)

76 4641 Yes 7/11 7/11 10/9/17 # Civil procedure; statute of limitations; female genital mutilation; extend statute of limitations for minor victims. (Rep. S. Chang)

77 4642 Yes 7/11 7/11 10/9/17 Health; education; education and outreach program related to female genital mutilation; provide for. (Rep. P. Faris)

78 4661 Yes 7/11 7/11 10/9/17 # Civil procedure; civil actions; victims of clitoridectomy, infibulation, or other female genital mutilation; provide for cause of action. (Rep. B. Griffin)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


79 4690 Yes 7/11 7/11 10/9/17 # Criminal procedure; statute of limitations; statute of limitations on female genital mutilation violations; extend. (Rep. B. Kahle)

80 0159 Yes 7/11 7/11 10/9/17 Traffic control; traffic regulation; gross vehicle weight limits; provide exemption for certain natural gas vehicles. (Sen. T. Casperson)

81 0410 Yes 7/11 7/11 10/9/17 # Health occupations; health professionals; permanent revocation of occupational license or registration if convicted of female genital mutilation or transporting person for purpose of performing female genital mutilation under state law; provide for. (Sen. P. Colbeck)

82 4575 Yes 7/12 7/12 10/10/17 Civil procedure; costs and fees; fee for publication of legal notice; extend sunset for annual increases for inflation. (Rep. B. LaFave)

83 4558 Yes 7/12 7/12 10/10/17 Liquor; advertising; regulation of displays; provide for. (Rep. J. Moss)

84 4186 Yes 7/12 7/12 7/12/17 Animals; animal shelters; certain definition of animal; revise. (Rep. J. Alexander)

85 4427 Yes 7/12 7/12 1/8/18 Law enforcement; other; release of recording taken by law enforcement officers with a body-worn camera; prohibit in certain circumstances. (Rep. J. Runestad)

86 4556 Yes 7/12 7/12 10/10/17 # Criminal procedure; sentencing guidelines; sentencing guidelines for unauthorized sale, delivery, or importation of beer or wine; enact. (Rep. J. Bellino)

87 4557 Yes 7/12 7/12 10/10/17 Liquor; retail sales; penalties for selling, delivering or importing beer or wine in violation of act; increase. (Rep. J. Bellino)

88 4559 Yes 7/12 7/12 7/12/17 Liquor; authorized distribution agents; wholesaler employees sampling beer or wine for educational purposes on the wholesaler's licensed premises; allow. (Rep. T. Barrett)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


89 4213 Yes 7/12 7/12 10/10/17 Liquor; drinking age; obtaining court order before nonconsensual preliminary chemical breath testing of a minor; require. (Rep. P. Lucido)

90 4540 Yes 7/12 7/12 7/12/17 Environmental protection; funding; sunsets on fees for wastewater and drinking water certifications and waste program facility and user charges; extend. (Rep. M. Whiteford)

91 4541 Yes 7/12 7/12 7/12/17 Water; quality; safe drinking water act; extend sunset on fees for training programs for certified operators. (Rep. M. Whiteford)

92 0401 Yes 7/13 7/13 7/13/17 Retirement; public school employees; default defined contribution only for employees hired after certain date; require, and provide for other general amendments. (Sen. P. Pavlov)

93 0076 Yes 7/13 7/13 7/13/17 Appropriations; supplemental; Michigan natural resources trust fund; provide appropriations for fiscal year 2016-2017. (Sen. D. Booher)

94 0160 Yes 7/13 7/13 10/11/17 Vehicles; motorcycles; definitions of implement of husbandry, autocycle, and motorcycle; modify. (Sen. T. Casperson)

95 0219 Yes 7/13 7/13 10/11/17 Weapons; licensing; application process for licensing; modify. (Sen. M. Green)

96 0245 Yes 7/13 7/13 10/11/17 Weapons; other; spring-assisted knife; allow. (Sen. R. Jones)

97 0248 Yes 7/13 7/13 7/13/17 Veterans; other; World War I centennial commission; create. (Sen. R. Warren)

98 0249 Yes 7/13 7/13 7/13/17 Local government; other; educational instruction access act; create. (Sen. M. Shirkey)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


99 0260 Yes 7/13 7/13 7/13/17 Higher education; education programs; authorization and distance education reciprocal exchange act; extend sunset. (Sen. D. Hildenbrand)

100 0267 Yes 7/13 7/13 7/13/17 Law enforcement; other; student safety act; repeal sunset. (Sen. J. Emmons)

101 0333 Yes 7/13 7/13 10/11/17 Courts; business court; types of cases heard by the business court; revise. (Sen. R. Jones)

102 0380 Yes 7/13 7/13 7/13/17 Property tax; local community stabilization share; distribution of local community stabilization share; modify dates. (Sen. D. Hildenbrand)

103 0383 Yes 7/13 7/13 8/2/17 Law enforcement; records; procedure for fingerprinting and photographing of child or youth with special health care needs taken and submitted to the automated fingerprint identification system (AFIS) and the statewide network of agency photos upon request of parent or guardian; modify. (Sen. R. Jones)

104 0394 Yes 7/13 7/13 10/11/17 Human services; county services; sunset on certain administrative rate changes to foster care services; change and revise the amount of the administrative rate paid by the department. (Sen. P. MacGregor)

105 0433 Yes 7/13 7/13 7/13/17 Marihuana; facilities; background check requirements for prospective licensees; modify. (Sen. R. Jones)

106 4759 Yes 7/13 7/13 7/13/17 Property; conveyances; transfer of certain state-owned property in Ingham County; provide for. (Rep. A. Schor)

107 4323 Yes 7/14 7/14 7/14/17 + Appropriations; omnibus; appropriations for fiscal year 2017-2018; provide. (Rep. L. Cox)

108 4313 Yes 7/14 7/14 7/14/17 + Appropriations; zero budget; fiscal year 2017-2018 omnibus appropriations for school aid, higher education, and community colleges; provide for. (Rep. T. Kelly)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


109 0242 Yes 7/26 7/26 8/25/17 Economic development; Michigan strategic fund; good jobs for Michigan program; create. (Sen. J. Stamas)

110 0243 Yes 7/25 7/26 8/25/17 Individual income tax; collections; certain revenues attributable to the good jobs for Michigan program; capture and earmark. (Sen. W. Schmidt)

111 0244 Yes 7/25 7/26 8/25/17 Taxation; administration; disclosure of certain information under the Michigan strategic fund act; allow. (Sen. S. Bieda)

112 4160 Yes 7/27 7/27 7/27/17 Traffic control; traffic regulation; solicitation of contributions in public roadways by certain nonprofit organizations; allow under certain circumstances. (Rep. S. Hernandez)

113 4177 Yes 7/27 7/27 10/25/17 Elections; ballots; requirement of political party vignettes being printed on election ballots; remove. (Rep. H. Vaupel)

114 4178 Yes 7/27 7/27 10/25/17 # Campaign finance; other; reference to party vignette in the Michigan campaign finance act; remove. (Rep. E. Canfield)

115 4306 Yes 7/27 7/27 10/25/17 Vehicles; motorcycles; motorcycle endorsement fee; increase and increase earmark of motorcycle registration fees into motorcycle safety fund. (Rep. J. Tedder)

116 0332 Yes 7/27 7/27 10/25/17 Traffic control; driver license; requirement of examination regarding existence of certain medical conditions affecting applicant's ability to operate vehicle safely; modify. (Sen. T. Casperson)

117 0474 Yes 7/27 7/27 7/27/17 Land use; land division; conflict between certain plats; resolve. (Sen. M. O'Brien)

118 4892 Yes 9/18 9/18 9/18/17 Elections; election officials; modifying the nominating petition filing deadline for candidates for city offices; authorize under certain circumstances, add certain election accountability provisions, and provide for civil fines. (Rep. L. Chatfield)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


119 0335 Yes 9/20 9/20 9/20/17 Campaign finance; independent expenditures; general amendments to the Michigan campaign finance act; provide for. (Sen. D. Robertson)

120 0336 Yes 9/20 9/20 9/20/17 # Criminal procedure; sentencing guidelines; independent expenditure committee contribution violations; provide for in sentencing guidelines. (Sen. D. Robertson)

121 4335 Yes 10/5 10/5 10/5/17 # Property tax; principal residence exemption; claiming a principal residence exemption in this state while claiming a substantially similar exemption on property in another state; clarify procedures for rescinding the latter. (Rep. D. Pagel)

122 4336 Yes 10/5 10/5 10/5/17 # Property tax; principal residence exemption; obtaining or attempting to obtain a principal residence exemption on property in this state while claiming a substantially similar exemption on property in another state; prohibit. (Rep. K. LaSata)

123 4939 Yes 10/5 10/5 10/5/17 Liquor; drinking age; effective date of certain provisions; amend. (Rep. P. Lucido)

124 4424 Yes 10/12 10/12 1/10/18 Natural resources; hunting; penalties for possession of certain cervid parts killed in another state; increase. (Rep. J. Kivela)

125 4654 Yes 10/17 10/17 1/15/18 Occupations; alarm systems; installation of certain business monitoring systems without electrician's permit; authorize for registered or licensed security alarm providers. (Rep. M. Hoitenga)

126 4655 Yes 10/17 10/17 1/15/18 Construction; permits; installation, maintenance, replacement, or servicing of a business monitoring system; exempt from construction code permit requirements. (Rep. B. Griffin)

127 4580 Yes 10/17 10/17 1/15/18 Housing; housing development authority; refinancing option; allow. (Rep. D. Farrington)

128 0223 Yes 10/17 10/17 1/15/18 Law enforcement; records; maintain record for separation of employment; require, and establish that agency is immune from civil liability. (Sen. R. Jones)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


129 0356 Yes 10/17 10/17 4/15/18 Occupations; other; salesperson license; establish. (Sen. J. Hune)

130 0357 Yes 10/17 10/17 1/15/18 Liquor; distribution; wholesalers and manufacturers refunding or replacing beer or wine under certain circumstances; allow. (Sen. R. Warren)

131 0358 Yes 10/17 10/17 1/15/18 Liquor; advertising; providing signs that promote brands and prices of alcoholic liquor to retailers; allow. (Sen. R. Jones)

132 4508 Yes 10/26 10/26 1/24/18 State agencies (existing); technology, management, and budget; Michigan cyber civilian corps act; create. (Rep. B. Iden)

133 4457 Yes 10/26 10/26 1/24/18 State financing and management; other; certain forms of energy improvement financing for community colleges; provide for. (Rep. B. Iden)

134 4583 Yes 10/26 10/26 1/24/18 Environmental protection; underground storage tanks; funding at certain cleanups; provide for. (Rep. M. Whiteford)

135 4999 Yes 10/26 10/26 10/26/ Taxation; other; local unit of government implementing an excise tax on the manufacture, distribution, or sale of food; prohibit. (Rep. R. VerHeulen)

136 0049 Yes 10/26 10/26 1/24/18 Probate; guardians and conservators; provision related to compensation for professional guardian or professional conservator; modify. (Sen. D. Booher)

137 0352 Yes 10/26 10/26 1/24/18 Health; education; training program and written clearance form regarding concussions in youth athletes and their return to athletic activity; specify frequency of training and modify definition of youth athlete. (Sen. J. Proos)

138 4781 Yes 10/29 10/30 1/28/18 Vehicles; bicycles; operation of electric bicycles on certain trails; allow. (Rep. H. Hughes)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


139 4782 Yes 10/29 10/30 1/28/18 Vehicles; bicycles; definition and regulation of electric bicycles; provide for. (Rep. H. Hughes)

140 4783 Yes 10/29 10/30 10/30/17 # Insurance; no-fault; electric-assist bicycles; exempt from no-fault insurance requirements. (Rep. K. Kesto)

141 4305 Yes 10/29 10/30 10/30/17 Trade; securities; exemption from registration of certain securities issued by Michigan companies; revise. (Rep. B. Kahle)

142 4311 Yes 10/29 10/30 1/28/18 Health; vital records; reporting a live birth; amend to protect the confidentiality of parents who surrender a newborn under the safe delivery of newborns law. (Rep. H. Vaupel)

143 0133 Yes 11/2 11/2 11/2/17 Appropriations; school aid; multisection school aid supplemental; provide for. (Sen. D. Hildenbrand)

144 0264 Yes 11/2 11/2 1/31/18 Law enforcement; fire personnel; firefighters training council act; modify. (Sen. J. Stamas)

145 0265 Yes 11/2 11/2 1/31/18 # Fireworks; other; administration of Michigan fireworks safety fund; modify. (Sen. J. Stamas)

146 0370 Yes 11/2 11/2 1/31/18 Occupations; athletics; Michigan unarmed combat regulatory act; revise fines and make other general revisions. (Sen. D. Robertson)

147 0402 Yes 11/2 11/2 11/2/17 Environmental protection; sewage; maximum total grant for municipalities; increase. (Sen. P. Pavlov)

148 0450 Yes 11/2 11/2 11/2/17 Businesses; nonprofit corporations; authorization to restructure municipal health facilities corporations; revise requirements. (Sen. M. Shirkey)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


149 4396 No 11/2 11/2 ** Individual income tax; deductions; certain pension income for certain individuals; modify. (Rep. J. Bellino)

150 0098 Yes 11/6 11/6 11/6/17 Higher education; financial aid; number of governing bodies authorized to establish promise zones; increase. (Sen. J. Ananich)

151 4181 Yes 11/8 11/8 Education; counseling; requirements for employment as a school counselor; revise. (Rep. B. Roberts)

152 4547 Yes 11/8 11/8 Criminal procedure; sentencing guidelines; blood alcohol level requirement for certain alcohol-related offenses; eliminate sunset for .08 limit. (Rep. K. Kesto)

153 4548 Yes 11/8 11/8 Crimes; intoxication or impairment; blood alcohol level requirement for certain alcohol-related driving violations; eliminate sunset for .08 limit. (Rep. P. Green)

154 4170 Yes 11/8 11/8 Health; other; physician orders for scope of treatment forms; allow. (Rep. J. Tedder)

155 4171 Yes 11/8 11/8 Probate; guardians and conservators; physician orders for scope of treatment form; authorize a guardian to sign. (Rep. L. Cox)

156 4173 Yes 11/8 11/8 Human services; adult foster care; physician orders for scope of treatment form; establish procedure if adult foster care facility is unwilling to comply with the form. (Rep. H. Vaupel)

157 4174 Yes 11/8 11/8 Health; emergency response; procedure for complying with a do-not-resuscitate order; revise to reflect physician orders for scope of treatment forms. (Rep. L. Love)

Veto 0011 No 3/30/17 Legislature; other; program for the management and collection of data related to criminal justice statistics; create. (Sen. P. Colbeck)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


Veto 0050 No 3/30/17 Corrections; other; county jail bed savings program; establish. (Sen. D. Booher)

Veto 0094 No 7/25/17 Sales tax; collections; sales tax on the difference; accelerate phase-in. (Sen. D. Hildenbrand)

Veto 0095 No 7/25/17 Use tax; collections; use tax on the difference; accelerate phase-in. (Sen. D. Robertson)

Veto 0163 No 6/30/17 Vehicles; fund-raising registration plates; fund-raising registration plate for Choose Life Michigan Fund; create. (Sen. P. Colbeck)




++ - Pocket veto.