DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

BUREAU OF CONSTRUCTION CODES

BOARD OF MECHANICAL RULES

LICENSE EXAMINATION PROCEDURES

 
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 the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the secretary of state.
 

(By authority conferred on the board of mechanical rules by section 5 of 1984 PA 192 MCL 338.975, and Executive Reorganization Order Nos. 2003-1, 2008-4 and 2011-4, MCL 445.2011, 445.2025 and 445.2030By authority conferred on the director of the department of licensing and regulatory affairs by section 207 of the skilled trades regulation act, 2016 PA 407, MCL 339.5207, and Executive Reorganization Order Nos. 2003-1, 2008-4, and 2011-4, MCL 445.2011, 445.2025, and 445.2030)

 
R 338.901, R 338.902, R 338.903, R 338.904, R 338.905, R 338.906, R 338.907, R 338.908, R 338.909, and R 338.911 of the Michigan Administrative Code are rescinded as follows:
 

R 338.901  DefinitionsRescinded.

  Rule 901.  (1)  The terms defined in the Forbes mechanical contractors act, 1984 PA 192, MCL 338.971 to 338.988, have the same meaning when used in these rules. 

  (2) “Act” means 1984 PA 192, MCL 338.971 to 338.988 and known as the Forbes mechanical contractors act when used in these rules.

R 338.902  A pplications; form; fee; grounds for denial of application and forfeiture of feeRescinded.

  Rule 902.  (1)  An applicant for examination shall submit, to the department, application on the form prepared and furnished by the department.

  (2)  An application shall be accompanied by the examination fee prescribed in the act.

  (3)  The department shall return an incomplete application to the applicant for completion and the applicant must resubmit the application to the department within 15 business days after the date of the department’s request.

  (4)  Failure to comply with subrule (3) of this rule is grounds for denial of the application and forfeiture of the examination fee.

R 338.903  Examination qualificationsRescinded.

  Rule 903.  (1)  To qualify for examination, the applicant shall furnish on the application a notarized statement or statements from present or former employers to the effect that the applicant has a minimum of 3 years of experience totaling at least 6,000 hours in performance of 1 or more of the work classifications in the act.  The notarized statement shall show a detailed and specific description of the type of work performed and the length of time work was performed. 

  (2)  When evidence is produced that an applicant is a graduate of a recognized trade school, credit shall be given the applicant, but such credit shall not exceed 1 year or 2,000 hours of the required 3 years of experience.

  (3)  If the applicant is unable to comply with any of the requirements in subrules (1) and (2) of this rule, he or she shall, upon written request, appear before a representative of the department and a quorum of the board to present evidence as to his or her eligibility for examination.  The board shall then determine if the individual may sit for the examination.

  (4)  An applicant shall be of good moral character as defined in the occupational license for former offenders act, 1974 PA 381, MCL 338.41 to 338.47.

  (5)  The department may investigate any applicant as to character and experience. 

  (6)  The department may approve or deny an application for examination based upon the requisites established by the act and these rules.

  (7)  Upon the acceptance, or rejection, of an application the department shall immediately notify the applicant.  If an application is rejected, the examination fee shall not be refunded.

R 338.904  Acceptance of applications.Rescinded.

  Rule 904.  An application shall not be accepted, and an admission card shall not be issued, for a scheduled examination unless the completed application has been accepted, approved, and placed on file with the department for not less than 20 business days before the date of the next scheduled examination. 

R 338.905  Time of examinationsRescinded.

  Rule 905.  The department shall conduct an examination at least once each calendar quarter at a time and place designated by the department.

R 338.906  Failure to appear for examinationRescinded.

  Rule 906.  The department shall not reissue an admission card unless the applicant provides a written explanation of his or her absence from the scheduled examination to the department within 10 business days following the scheduled examination.  Unless the explanation is accepted and approved by the department, the application shall be denied and the examination fee shall be forfeited.

R 338.907  Examinations; notice; identificationRescinded.

  Rule 907.  (1)  Notice of the time, place, and date of the examination shall be provided by the department to those applicants whose applications have been approved

  (2)  An applicant appearing for examination shall present the admission card issued by the department and a current government-issued photo identification.

R 338.908  Review and approval of form and content of examination; scope of examinations; minimum grade for qualification for license for work classificationRescinded.

  Rule 908.  (1)  The examination shall consist of a written test on the law, which shall cover knowledge of the act and the Stille-DeRossett-Hale single state construction code act, 1972 PA 230, MCL 125.1501 to 125.1531, and for each work classification for which the applicant qualifies based upon experience provided. 

  (2)  An examination shall cover the general theories and practices of the specific work classification, knowledge of the code, and applicable laws.

  (3)  To qualify for a license for any classification, an applicant must receive a minimum grade of 70% on the examination for the law portion and for the work classification for which licensure is being sought.

R 338.909  Notification of results of examinationRescinded.

  Rule 909.  An applicant shall be notified of the results of an examination within 30 business days after completing the examination.  A license shall be issued pursuant to R 338.911 within 10 business days after receipt of the license application and fee.

R 338.911  Licenses; issuanceRescinded.

  Rule 911.  The department shall issue a license only after an applicant has successfully completed all requirements of the act and these rules, including the receiving of the minimum passing grade on the law portion and work classifications to be covered by the license portion of the examination, and paid the license fee prescribed in the act.