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SENATE BILL NO. 1056
A bill to amend 1980 PA 299, entitled
"Occupational code,"
by amending sections 202a and 411 (MCL 339.202a and 339.411),
section 202a as added by 2018 PA 455 and section 411 as amended by
2020 PA 388.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 202a. (1) The department shall establish a procedure that 1
allows an individual to obtain a preliminary determination from the 2
department concerning whether any court judgments against him or 3
June 23, 2026, Introduced by Senators GEISS, MCBROOM, CHANG, SANTANA,
MCMORROW, DAMOOSE, BAYER and HUIZENGA and referred to Committee on
Regulatory Affairs.
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her the individual would likely result in a denial of a license or 1
registration for failing to meet the good moral character 2
requirement for that license or registration. 3
(2) All of the following apply for purposes of subsection (1): 4
(a) To obtain a preliminary determination under this section, 5
an individual must file a request that meets all of the following: 6
(i) Is submitted on a form provided by the department. 7
(ii) Identifies the license or registration for which he or she 8
the individual may apply. 9
(iii) Includes a detailed description of any criminal 10
proceedings that resulted in a judgment against him or her.the 11
individual. 12
(iv) Includes the nonrefundable fee required by the department. 13
(b) The department shall only consider the information 14
provided by an individual under subdivision (a)(ii) and (iii) in 15
making a preliminary determination. An individual may include a 16
statement with the request describing additional information for 17
consideration by the department, including, but not limited to, 18
information described in section 2(4) of 1974 PA 381, MCL 338.42. 19
(c) A preliminary determination under this section that is 20
adverse to an individual does not prevent the individual from 21
subsequently applying for a license or registration. 22
(d) The department or a board is not bound by a preliminary 23
determination under this section that is not adverse to an 24
individual if the individual applies for a license or registration 25
under this act unless, at the time a full application for a license 26
or registration is submitted, the applicant has subsequently been 27
convicted of a felony or has a previously undisclosed criminal 28
conviction. 29
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(e) The issuance of a preliminary determination under this 1
section does not limit the authority of the department to review 2
applications for a license or registration, or to issue or deny a 3
license or registration. 4
(e) (f) The department shall notify an individual of a 5
preliminary determination by delivering a preliminary determination 6
letter to the individual, in a form determined by the department, 7
not later than 60 days after the date a request for a preliminary 8
determination was received. 9
(3) An individual shall not request more than 1 preliminary 10
determination under this section in any 120-day period. 11
(4) The department shall not require an individual to complete 12
any educational or training requirements before submitting a 13
request for a preliminary determination. 14
Sec. 411. (1) Subject to subsection (2), a person that fails 15
to renew a license or registration on or before the expiration date 16
shall not practice the occupation, operate, or use the title of 17
that occupation after the expiration date printed on the license or 18
registration. A license or registration shall lapse lapses on the 19
day after the expiration date. 20
(2) A person that fails to renew a license or registration on 21
or before the expiration date is permitted to renew the license or 22
registration by payment of the required license or registration fee 23
and a late renewal fee within not later than 60 days after the 24
expiration date. 25
(3) Except as otherwise provided in this act, the department 26
or a board may relicense or reregister a person that fails to renew 27
a license or registration within the time period set forth 28
described in subsection (2) may be relicensed or reregistered 29
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without examination and without meeting additional education or 1
training requirements in force at the time of application for 2
relicensure or reregistration if all of the following conditions 3
are met: 4
(a) The person applies within not more than 3 years after the 5
expiration date of the last license or registration. 6
(b) The person pays an application processing fee, the late 7
renewal fee, and the per year license or registration fee for the 8
upcoming licensure or registration period, subject to subsection 9
(8). 10
(c) Any The person satisfies any penalties or conditions 11
imposed by disciplinary action in this state or any other 12
jurisdiction. have been satisfied. 13
(d) The person submits proof of having completed the 14
equivalent of 1 year of continuing education within the 12 months 15
immediately preceding the date of application or as otherwise 16
provided in a specific article or by rule, if continuing education 17
is required of licensees or registrants under a specific article. 18
(4) Except as otherwise provided in this act, the department 19
or a board may relicense or reregister a person may be relicensed 20
or reregistered subsequent to 3 or more years after the expiration 21
date of the last license or registration if the person shows that 22
the person meets the requirements for licensure or registration as 23
established by the department in rules or procedures, which may 24
require a person to pass all or part of a required examination, to 25
complete continuing education requirements, or to meet current 26
education or training requirements. 27
(5) Unless otherwise provided in this act, a person that seeks 28
reinstatement of a license or registration shall file an 29
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application on a form provided by the department, pay the 1
application processing fee, and file a petition to the department 2
and the appropriate board stating reasons for reinstatement and 3
including evidence that the person can and is likely to serve the 4
public in the regulated activity with competence and in conformance 5
with all other requirements prescribed by law, rule, or an order of 6
the department or board. The procedure for conducting the review of 7
a petition for reinstatement is prescribed in article 5. If 8
approved for reinstatement, the person shall pay the per year 9
license or registration fee for the upcoming license or 10
registration period if appropriate, in addition to completing any 11
requirements imposed under section 203(2). 12
(6) The department shall issue an initial or renewal license 13
or registration not later than 90 days after the applicant files a 14
completed application. The application is considered received on 15
the date the application is received by any agency or department of 16
this state. If the department considers an application is 17
considered incomplete, by the department, the department shall 18
notify the applicant in writing, or make information electronically 19
available, within not more than 30 days after receipt of the 20
incomplete application, describing the deficiency and requesting 21
the additional information. The 90-day period described in this 22
subsection is tolled from the date the department notifies the 23
applicant of a deficiency until the date the requested information 24
is received by the department. The determination of the 25
completeness of an application does not operate as an approval of 26
the application for the license or registration and does not confer 27
eligibility of an applicant determined otherwise ineligible for 28
issuance of a license or registration. 29
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(7) Notwithstanding the time periods described in subsection 1
(6), in the case of a real estate broker and associate broker 2
licensed under article 25, the time period for approval by the 3
department of a completed application is 30 days and the time 4
period for notification sent in writing, or made electronically 5
available, by the department to the applicant regarding an 6
incomplete application is 15 days after the receipt of the 7
application by any agency or department of this state. 8
(8) If the department fails to issue or deny a license or 9
registration within the time required by under this section, the 10
department shall return the license or registration fee, and shall 11
reduce the license or registration fee for the applicant's next 12
renewal application, if any, by 15%. A failure to issue or deny a 13
license or registration within the time required under this section 14
does not allow the department to otherwise delay the processing of 15
the application, and the department shall place that application, 16
when completed, in sequence with other completed applications 17
received at that same time. The department shall not discriminate 18
against an applicant in the processing of an application based on 19
the fact that the license or registration fee was refunded or 20
discounted under this subsection. 21
(9) The director shall submit a report by December 1 of each 22
year to the standing committees and appropriations subcommittees of 23
the senate and house of representatives concerned with occupational 24
issues. The director shall include all of the following information 25
in the report concerning the preceding state fiscal year: 26
(a) The number of initial and renewal applications the 27
department received and completed within the 90-day time period 28
described in subsection (6) and the 30-day time period described in 29
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subsection (7). 1
(b) The number of applications denied by the department. 2
(c) The number of applicants that were not issued a license or 3
registration within the applicable time period and the amount of 4
money returned to licensees and registrants under subsection (8). 5
(d) The number of applications denied by the department 6
because of an applicant's lack of good moral character and a 7
summary, by license or registration and by category of offense, of 8
the criminal convictions on which those denials were based. 9
(10) Subsection (6) does not apply to a license or 10
registration for any of the following: 11
(a) A certified public accountant and registered accountant 12
under article 7. 13
(b) An agency non-owner manager of a collection agency under 14
article 9. 15
(c) A barber, student barber, student instructor, or barber 16
instructor under article 11. 17
(d) An employment and consulting agent of a personnel agency 18
under article 10. 19
(e) A cosmetologist, manicurist, natural hair culturist, 20
esthetician, electrologist, instructor, or registered student under 21
article 12. 22
(f) A hearing aid salesperson and trainee under article 13. 23
(g) A mortuary science licensee, embalmer, or resident trainee 24
in mortuary science under article 18. 25
(h) An individual architect, surveyor, or engineer under 26
article 20. 27
(i) An individual landscape architect under article 22. 28
(j) An individual residential builder and alteration and 29
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maintenance contractor or a salesperson for a residential builder 1
and alteration and maintenance contractor under article 24. 2
(k) A real estate salesperson under article 25. 3
(l) A real estate appraiser under article 26. 4
(11) Notwithstanding any provision in this act to the 5
contrary, an individual or qualifying officer who is a licensee or 6
registrant under this act and who is mobilized for military duty in 7
the Armed Forces of the United States by the President of the 8
United States is temporarily exempt from any renewal license fee, 9
continuing education requirements, or other related requirements of 10
this act applicable to that license or registration. It is the 11
obligation of the licensee or registrant to inform the department 12
by written mail or electronic mail email of the desire to exercise 13
the temporary exemption under this subsection. If the licensee 14
applying for the temporary exemption is the individual responsible 15
for supervision and oversight of licensed activities, the licensee 16
shall provide notice of arrangements for adequate provision of that 17
supervision and oversight to the department. The licensee or 18
registrant shall accompany the request with proof, as determined by 19
the department, to verify the mobilized duty status. If it the 20
department receives a request for a temporary exemption under this 21
subsection, the department shall make a determination of the 22
requestor's status and grant the temporary exemption after 23
verification of mobilized duty status under this subsection. A 24
temporary exemption is valid until 90 days after the licensee's or 25
registrant's release from the mobilized duty on which the exemption 26
was based, but shall must not exceed 36 months from the date of 27
expiration of the license or registration. 28
(12) As used in this section, "completed application" means an 29
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application that is complete on its the face of the application and 1
submitted with any applicable licensing or registration fees and 2
any other information, records, approval, security, or similar item 3
required by law or rule from a local unit of government, a federal 4
agency, or a private entity but not from another department or 5
agency of this state. 6