Mich. Comp. Laws § 338.3211 — MI Code / Chapter 338 / Act Act-135-of-1986 / Section 338.3211
Acknowledging receipt of application; notice of deficiency; issuance of license or denial of application; time; statement in license; grounds for denial of application; failure to issue license within certain time period; report; return of fee; proceedings for denial of license; “completed application” defined.
Status: in_force

Sec. 211.

Within 15 working days after receiving a license application, the department shall acknowledge receipt of the application and notify the applicant in writing, or make the information electronically available, of any deficiency in the application. Receipt of the application is considered the date the application is received by any agency or department of the state of Michigan. Within 60 calendar days after receiving a completed application, including all additional information requested by the department, the department shall issue a license or deny the license application. The 60-day time period is tolled upon notification by the department of a deficiency until the date the requested information is received by the department. The determination of the completeness of an application does not operate as an approval of the application for the license and does not confer eligibility of an applicant determined otherwise ineligible for issuance of a license. The license shall contain a statement in bold print that the issuance of a license does not imply asbestos indemnification coverage.

The department shall deny a license application if the department determines that the applicant has not demonstrated the ability to comply with either of the following:

The applicable requirements and procedures established by the department and the board under this act.

Other state and federal law pertaining to the health and safety aspects of asbestos demolition, renovation, and encapsulation.

Beginning the effective date of the amendatory act that added this subsection and notwithstanding any other provision of this act, if the department fails to issue or deny a license within the time required by this section, the department shall return the license fee and shall reduce the license fee for the applicant's next renewal application, if any, by 15%. The failure to issue a license within the time required under this section does not allow the department to otherwise delay the processing of the application, and that application, upon completion, shall be placed in sequence with other completed applications received at that same time. The department shall not discriminate against an applicant in the processing of the application based upon the fact that the license fee was refunded or discounted under this subsection.

Beginning October 1, 2005, the director of the department shall submit a report by December 1 of each year to the standing committees and appropriations subcommittees of the senate and house of representatives concerned with asbestos and regulatory issues. The director shall include all of the following information in the report concerning the preceding fiscal year:

The number of initial and renewal applications the department received and completed within the time period described in this section.

The number of applications denied.

The number of applicants not issued a license within the 60-day time period and the amount of money returned to licensees under subsection (3).

If the department denies a license, the department shall return to the applicant the application fee, less $25.00 subject to subsection (3).

Proceedings for the denial of a license under this act shall be in accordance with the administrative procedures act of 1969.

As used in this section and section 209, "completed application" means an application complete on its face and submitted with any applicable licensing fees as well as any other information, records, approval, security, or similar item required by law or rule from a local unit of government, a federal agency, or a private entity but not from another department or agency of the state of Michigan.

History: 1986, Act 135, Eff. July 2, 1986; Am. 1998, Act 132, Imd. Eff. June 24, 1998; Am. 2004, Act 261, Imd. Eff. July 23, 2004