reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 135 of 1986 - Asbestos Abatement Contractors Licensing Act (338.3101 - 338.3319) › 135-1986-II - Chapter II (338.3201...338.3221) › Section 338.3207 - Asbestos Abatement Contractor; License Required; Exception.

338.3207 Asbestos abatement contractor; license required; exception.
Sec. 207.
(1) Except as otherwise provided in subsection (2), an asbestos abatement contractor shall not engage in any activity involving the demolition, renovation, or encapsulation of friable asbestos materials without first receiving a license from the department.
(2) The licensing requirement of subsection (1) does not apply to any of the following if engaged in an asbestos abatement project that is incidental to the primary licensed trade and involves not more than 160 square feet or 260 linear feet of friable asbestos materials:
(a) A business entity licensed under article 7 of the skilled trades regulation act, MCL 339.5701 to 339.5739.
(b) A business entity licensed under article 8 of the skilled trades regulation act, MCL 339.5801 to 339.5819.
(c) A business entity licensed under article 11 of the skilled trades regulation act, MCL 339.6101 to 339.6133.
(d) A business entity licensed as a residential builder or a residential maintenance and alteration contractor under article 24 of the occupational code, 1980 PA 299, MCL 339.2401 to 339.2412.
History:
1986, Act 135, Eff. July 2, 1986 ;-- Am. 1990, Act 2, Imd. Eff. Feb. 12, 1990 ;-- Am. 1993, Act 55, Imd. Eff. June 8, 1993 ;-- Am. 1998, Act 132, Imd. Eff. June 24, 1998 ;-- Am. 2016, Act 411, Eff. Apr. 4, 2017
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 135 of 1986 - Asbestos Abatement Contractors Licensing Act (338.3101 - 338.3319) › 135-1986-II - Chapter II (338.3201...338.3221) › Section 338.3209 - Application for or Renewal of License; Requirements; Fee.

338.3209 Application for or renewal of license; requirements; fee.
Sec. 209.
(1) To apply for or renew a license, an asbestos abatement contractor shall do all of the following:
(a) Submit a completed application to the department on forms provided by the department. The asbestos abatement contractor shall state on the application whether or not the asbestos abatement contractor has liability insurance.
(b) Pay the fee required by subsection (2).
(c) Submit proof of Michigan workers' disability compensation insurance.
(d) Submit proof that all employees and agents of an asbestos abatement contractor who are responsible for, or are involved in, an asbestos abatement project have received training and become accredited as asbestos abatement workers or asbestos abatement contractors and supervisors as required under the asbestos workers accreditation act, 1988 PA 440, MCL 338.3401 to 338.3418.
(2) Subject to section 211, a license or renewal fee shall be paid as follows:
Number of employees to be engaged in
asbestos abatement projects
License fee
License renewal fee
4 or less
$200.00
$100.00
5 or more
$400.00
$300.00
History:
1986, Act 135, Eff. July 2, 1986 ;-- Am. 1993, Act 55, Imd. Eff. June 8, 1993 ;-- Am. 2004, Act 261, Imd. Eff. July 23, 2004
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 135 of 1986 - Asbestos Abatement Contractors Licensing Act (338.3101 - 338.3319) › 135-1986-II - Chapter II (338.3201...338.3221) › Section 338.3213 - Terms and Conditions of License.

338.3213 Terms and conditions of license.
Sec. 213.
In granting a license, the department may, following review by the director of the department, impose reasonable terms and conditions to ensure continuous compliance with the requirements of this act.
History:
1986, Act 135, Eff. July 2, 1986
Compiler's Notes:
Sec. 317 of this act provides: “The licensing provisions of this act shall take effect 3 months after the effective date of this act.”
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 135 of 1986 - Asbestos Abatement Contractors Licensing Act (338.3101 - 338.3319) › 135-1986-II - Chapter II (338.3201...338.3221) › Section 338.3215 - Revocation or Suspension of License.

338.3215 Revocation or suspension of license.
Sec. 215.
The department may revoke or suspend a license as provided under the administrative procedures act of 1969.
History:
1986, Act 135, Eff. July 2, 1986
Compiler's Notes:
Sec. 317 of this act provides: “The licensing provisions of this act shall take effect 3 months after the effective date of this act.”
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 135 of 1986 - Asbestos Abatement Contractors Licensing Act (338.3101 - 338.3319) › 135-1986-II - Chapter II (338.3201...338.3221) › Section 338.3217 - Duration of License; Conditions to Renewal.

338.3217 Duration of license; conditions to renewal.
Sec. 217.
(1) Unless the department revokes or suspends a license, the license shall remain in effect for 1 year from the date of issuance.
(2) The department shall renew a license annually if the asbestos abatement contractor satisfies the following conditions:
(a) Submits a completed application for a renewal on forms provided by the department no sooner than 90 days before the license expires and not later than 30 days before the license expires. An application for renewal that is received after the time period described in this subdivision shall be treated as an initial application and shall require payment of an initial license fee, rather than a renewal license fee.
(b) Pays to the department the license renewal fee as specified in section 209.
(c) Has complied with all applicable requirements of this act and the rules promulgated under this act.
History:
1986, Act 135, Eff. July 2, 1986 ;-- Am. 1998, Act 132, Imd. Eff. June 24, 1998
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 135 of 1986 - Asbestos Abatement Contractors Licensing Act (338.3101 - 338.3319) › 135-1986-II - Chapter II (338.3201...338.3221) › Section 338.3219 - Responsibility for Removal of Asbestos.

338.3219 Responsibility for removal of asbestos.
Sec. 219.
If the contract does not provide for asbestos abatement, a construction contractor or construction subcontractor who contracts to provide an improvement to real property shall not be responsible to provide for the removal of asbestos discovered in the course of providing the improvement to the property. This section shall not apply to construction contractor and construction subcontractor contracts entered into prior to the effective date of this act.
History:
1986, Act 135, Eff. July 2, 1986
Compiler's Notes:
Sec. 317 of this act provides: “The licensing provisions of this act shall take effect 3 months after the effective date of this act.”
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 135 of 1986 - Asbestos Abatement Contractors Licensing Act (338.3101 - 338.3319) › 135-1986-II - Chapter II (338.3201...338.3221) › Section 338.3221 - Post Abatement Air Monitoring Check; Maximum Level of Asbestos Fibers.

338.3221 Post abatement air monitoring check; maximum level of asbestos fibers.
Sec. 221.
(1) Except as provided by this subsection, a building or structure owner or lessee shall have a post abatement air monitoring check performed by a qualified neutral party completely independent of the asbestos abatement contractor at all asbestos abatement project sites involving a negative pressure enclosure as specified by 29 C.F.R. 1926.1101(g)(5)(i) that involve 10 or more linear feet or 15 or more square feet of friable asbestos materials. If the asbestos abatement contractor and the building or structure owner or lessee agree, the owner or lessee may have the post abatement air monitoring check required by this subsection performed by in-house personnel or by the asbestos abatement contractor.
(2) Whenever feasible, unless waived by the building or structure owner or lessee, the post abatement air monitoring check required by this section shall make use of aggressive air sampling methods as described in unit III.B.7.d. to appendix A to subpart E of part 763 of title 40 of the code of federal regulations, which is adopted in this act by reference.
(3) Upon request by the department, a post abatement air monitoring check taken pursuant to this section shall be reported to the department.
(4) After completion of the asbestos abatement project, the level of asbestos fibers per cubic centimeter of air that are more than 5 micrometers in length when sampled and analyzed according to method 7400 entitled "fibers" issued by the national institute of occupational safety and health (NIOSH) on 2/15/84 and revised on 5/15/89 which was published in the NIOSH manual of analytical methods, 3rd edition, shall not exceed 0.05 asbestos fibers at the asbestos abatement project site.
History:
Add. 1993, Act 55, Imd. Eff. June 8, 1993 ;-- Am. 1998, Act 132, Imd. Eff. June 24, 1998
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 135 of 1986 - Asbestos Abatement Contractors Licensing Act (338.3101 - 338.3319) › 135-1986-III - Chapter III (338.3301...338.3319) › Section 338.3301 - Duties of Department.

338.3301 Duties of department.
Sec. 301.
The department, with the advice of the board, shall do all of the following:
(a) Administer this act.
(b) Issue licenses.
(c) Promulgate rules as may be necessary for the orderly conduct of its affairs in relation to this act and for the administration of this act pursuant to the administrative procedures act of 1969.
History:
1986, Act 135, Eff. July 2, 1986
Compiler's Notes:
Sec. 317 of this act provides: “The licensing provisions of this act shall take effect 3 months after the effective date of this act.”For transfer of authority, powers, duties, functions, and responsibilities of the asbestos abatement contractors licensing board to the director of the Michigan state department of public health, see E.R.O. No. 1994-1, compiled at MCL 333.26322 of the Michigan Compiled Laws.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 135 of 1986 - Asbestos Abatement Contractors Licensing Act (338.3101 - 338.3319) › 135-1986-III - Chapter III (338.3301...338.3319) › Section 338.3303 - Receiving or Initiating Complaints of Alleged Violations.

338.3303 Receiving or initiating complaints of alleged violations.
Sec. 303.
The department shall receive or initiate complaints of alleged violations of this act or rules promulgated under this act and take action with respect to alleged violations or complaints as prescribed by this act.
History:
1986, Act 135, Eff. July 2, 1986
Compiler's Notes:
Sec. 317 of this act provides: “The licensing provisions of this act shall take effect 3 months after the effective date of this act.”
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 135 of 1986 - Asbestos Abatement Contractors Licensing Act (338.3101 - 338.3319) › 135-1986-III - Chapter III (338.3301...338.3319) › Section 338.3305 - Investigation; Grounds for Denying, Suspending, or Revoking License; Applicability.

338.3305 Investigation; grounds for denying, suspending, or revoking license; applicability.
Sec. 305.
(1) The department, in its own discretion, upon a recommendation by the board, or upon the written complaint of an aggrieved party or of a state agency or political subdivision, may investigate the acts of an asbestos abatement contractor under this act. After an investigation, the department may deny, suspend, or revoke a license issued under this act if an asbestos abatement contractor is found to be not in compliance with this act or the rules promulgated under this act. In addition, the department may deny, suspend, or revoke a license for any of the following:
(a) A willful or negligent act that causes any person to be exposed to asbestos in violation of this act, a rule promulgated under this act, or other state or federal law pertaining to the public health and safety aspects of asbestos demolition, renovation, and encapsulation.
(b) Falsification of records.
(c) Continued failure to obtain or renew a license.
(d) Deliberate misrepresentation of an act in applying for a license.
(e) Permitting any person who has not received the proper training and certification under state or federal law to come in contact with asbestos or be responsible for an asbestos abatement project.
(2) If the license of a business entity is denied, suspended, or revoked under this act, the denial, suspension, or revocation applies to each partner, trustee, director, officer, or person exercising control of the business entity.
History:
1986, Act 135, Eff. July 2, 1986 ;-- Am. 1993, Act 55, Imd. Eff. June 8, 1993
Compiler's Notes:
Sec. 317 of this act provides: “The licensing provisions of this act shall take effect 3 months after the effective date of this act.”
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 135 of 1986 - Asbestos Abatement Contractors Licensing Act (338.3101 - 338.3319) › 135-1986-III - Chapter III (338.3301...338.3319) › Section 338.3306 - Issuance of Subpoena by Circuit Court.

338.3306 Issuance of subpoena by circuit court.
Sec. 306.
Upon application by the attorney general or a party to a contested case, the circuit court may issue a subpoena requiring a person to appear before a hearings examiner in the contested case or before the department in an investigation and be examined with reference to a matter within the scope of that contested case or investigation and to produce books, papers, or documents pertaining to that contested case or investigation.
History:
Add. 1993, Act 55, Imd. Eff. June 8, 1993
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 135 of 1986 - Asbestos Abatement Contractors Licensing Act (338.3101 - 338.3319) › 135-1986-III - Chapter III (338.3301...338.3319) › Section 338.3307 - Monetary Civil Penalties; Issuance, Contents, and Delivery of Citation.

338.3307 Monetary civil penalties; issuance, contents, and delivery of citation.
Sec. 307.
(1) The department, upon recommendation by the board, shall promulgate pursuant to the administrative procedures act of 1969, a schedule of monetary civil penalties of not more than $10,000.00 for each violation or day that the violation continues which may be assessed for a specified violation of this act or a rule promulgated under this act. For a violation of the licensing provision in section 207, the department shall establish monetary civil penalties in substantial compliance with the United States environmental protection agency's civil penalty policy for asbestos demolition and renovation but not more than $25,000.00 for each violation or day that the violation continues.
(2) If the department believes that a person has violated this act or a rule promulgated under this act, the department may issue a citation at that time or not later than 90 days after discovery of the alleged violation. The citation shall be written and shall state with particularity the nature of the violation, including reference to the section of this act or the rule alleged to have been violated, the civil penalty established for the violation, if any, and the right to appeal the citation pursuant to section 309. The citation shall be personally delivered or sent by registered mail to the alleged violator.
History:
1986, Act 135, Eff. July 2, 1986
Compiler's Notes:
Sec. 317 of this act provides: “The licensing provisions of this act shall take effect 3 months after the effective date of this act.”
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 135 of 1986 - Asbestos Abatement Contractors Licensing Act (338.3101 - 338.3319) › 135-1986-III - Chapter III (338.3301...338.3319) › Section 338.3309 - Petition for Administrative Hearing; Notice; Attendance of Employee Representative; Affirming, Dismissing, or Modifying Citation; Judicial Review; Finality, Payment, and Recovery of Civil Penalty; Conduct of Administrative Hearings.

338.3309 Petition for administrative hearing; notice; attendance of employee representative; affirming, dismissing, or modifying citation; judicial review; finality, payment, and recovery of civil penalty; conduct of administrative hearings.
Sec. 309.
(1) Not later than 20 days after receipt of a citation issued pursuant to section 307, the alleged violator may petition the department for an administrative hearing which shall be held before the board or the board's designated representative within 30 days after receipt of the petition. The department shall notify the alleged violator's employees or employee representative that an administrative hearing will be held and the date, time, and place of the hearing. The alleged violator shall permit the attendance of an employee representative at the administrative hearing. After the administrative hearing, the director of the department may affirm, dismiss, or modify the citation.
(2) An alleged violator aggrieved by a decision of the director of the department under this section may petition the circuit court of the county in which the violation was alleged to have occurred for review. The petition shall be filed not later than 60 days following receipt of the director's final decision.
(3) A civil penalty becomes final if a petition for an administrative hearing or review is not received within the time specified in this section. A civil penalty imposed under this act shall be payable to the department for deposit with the general fund. A civil penalty may be recovered in a civil action brought in the county in which the violation occurred or the defendant resides.
(4) Administrative hearings under this section shall be conducted pursuant to the administrative procedures act of 1969.
History:
1986, Act 135, Eff. July 2, 1986
Compiler's Notes:
Sec. 317 of this act provides: “The licensing provisions of this act shall take effect 3 months after the effective date of this act.”
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 135 of 1986 - Asbestos Abatement Contractors Licensing Act (338.3101 - 338.3319) › 135-1986-III - Chapter III (338.3301...338.3319) › Section 338.3311 - Violation as Misdemeanor; Penalty; Prosecution.

338.3311 Violation as misdemeanor; penalty; prosecution.
Sec. 311.
Notwithstanding the provisions of sections 307 and 309, any asbestos abatement contractor who engages in the trade or business of asbestos abatement without a license as provided for by this act or any person who violates this act or any rules promulgated under this act and who fails to correct the violation after notice is guilty of a misdemeanor, punishable by a fine of not more than $500.00, and upon conviction for a subsequent offense, not more than $1,000.00, or imprisonment for not more than 6 months, or both. A violation of this act may be prosecuted by either the attorney general or the prosecuting attorney of the judicial district in which the violation was committed.
History:
1986, Act 135, Eff. July 2, 1986
Compiler's Notes:
Sec. 317 of this act provides: “The licensing provisions of this act shall take effect 3 months after the effective date of this act.”
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 135 of 1986 - Asbestos Abatement Contractors Licensing Act (338.3101 - 338.3319) › 135-1986-III - Chapter III (338.3301...338.3319) › Section 338.3313 - Application of Other Sanctions, Penalties, or Provisions Not Precluded.

338.3313 Application of other sanctions, penalties, or provisions not precluded.
Sec. 313.
The application of sanctions under this act shall not preclude the application of other sanctions, penalties, or provisions of any other federal, state, or political subdivision.
History:
1986, Act 135, Eff. July 2, 1986
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 135 of 1986 - Asbestos Abatement Contractors Licensing Act (338.3101 - 338.3319) › 135-1986-III - Chapter III (338.3301...338.3319) › Section 338.3315 - Annual Report.

338.3315 Annual report.
Sec. 315.
The department shall submit to the legislature and the governor an annual report on the status of the licensing of asbestos abatement contractors.
History:
1986, Act 135, Eff. July 2, 1986
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 135 of 1986 - Asbestos Abatement Contractors Licensing Act (338.3101 - 338.3319) › 135-1986-III - Chapter III (338.3301...338.3319) › Section 338.3317 - Effective Date of Licensing Provisions.

338.3317 Effective date of licensing provisions.
Sec. 317.
The licensing provisions of this act shall take effect 3 months after the effective date of this act.
History:
1986, Act 135, Eff. July 2, 1986
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 135 of 1986 - Asbestos Abatement Contractors Licensing Act (338.3101 - 338.3319) › 135-1986-III - Chapter III (338.3301...338.3319) › Section 338.3319 - Conditional Effective Date.

338.3319 Conditional effective date.
Sec. 319.
This act shall not take effect unless Senate Bill No. 770 of the 83rd Legislature is enacted into law.
History:
1986, Act 135, Eff. July 2, 1986
Compiler's Notes:
Senate Bill No. 770, referred to in Sec. 319, was filed with the Secretary of State on July 2, 1986, and became P.A. 1986, No. 147, Imd. Eff. July 2, 1986.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 440 of 1988 - Asbestos Workers Accreditation Act (338.3401 - 338.3418) › Section 338.3401 - Short Title.

338.3401 Short title.
Sec. 1.
This act shall be known and may be cited as the "asbestos workers accreditation act".
History:
1988, Act 440, Imd. Eff. Dec. 27, 1988
Compiler's Notes:
For transfer of powers and duties of the division of occupational health in the bureau of environmental and occupational health, with the exception of dry cleaning unit, from the department of public health to the director of the department of labor, see E.R.O. No. 1996-1, compiled at MCL 330.3101 of the Michigan Compiled Laws.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 440 of 1988 - Asbestos Workers Accreditation Act (338.3401 - 338.3418) › Section 338.3403 - Asbestos-Related Work in School or Public and Commercial Buildings Requiring Certificate of Accreditation and Annual Reaccreditation; Applicability of Section to Certain Asbestos Work.

338.3403 Asbestos-related work in school or public and commercial buildings requiring certificate of accreditation and annual reaccreditation; applicability of section to certain asbestos work.
Sec. 3.
(1) A person shall not perform the following asbestos-related work in a school building or a public and commercial building in this state unless that person receives a certificate of accreditation and maintains annual reaccreditation through training, examination, and continuing education under this act:
(a) Inspect for asbestos-containing materials in a school building or a public and commercial building, except for a person who is certified by the American board of industrial hygiene as a certified industrial hygienist under standards acceptable to the department.
(b) Prepare an asbestos management plan for a school building.
(c) Design a response action beyond the scope of a small-scale, short-duration operation, maintenance and repair activity, or a response action to a major fiber release episode, as those terms are defined in the asbestos model accreditation plan.
(d) Conduct a response action beyond the scope of a small-scale, short-duration operation, maintenance and repair activity, or an activity that involves a major fiber release episode, as those terms are defined in the asbestos model accreditation plan.
(2) This section does not apply to class II asbestos work that only involves the removal or disturbance of 1 generic category of building material, class III asbestos work, or class IV asbestos work that is not performed in a regulated area, as those terms are defined in the occupational safety and health administration's standards for occupational exposure to asbestos in the construction industry, 59 F.R. 1926.1101, p. 41132 (August 10, 1994).
History:
1988, Act 440, Imd. Eff. Dec. 27, 1988 ;-- Am. 1995, Act 127, Imd. Eff. June 30, 1995
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 440 of 1988 - Asbestos Workers Accreditation Act (338.3401 - 338.3418) › Section 338.3404 - Completion of Initial Training Required for Accreditation; Length of Initial Training Course; Refresher Training Course Required for Reaccreditation.

338.3404 Completion of initial training required for accreditation; length of initial training course; refresher training course required for reaccreditation.
Sec. 4.
(1) A person who seeks accreditation to perform asbestos-related work in a school building or a public and commercial building in this state is required to complete initial training under this act. This initial training shall provide education in asbestos-containing materials inspection, management plan development, and response action technology.
(2) The length of the initial training course required for accreditation under this act shall vary by discipline as follows:
(a) An asbestos inspector shall complete a 3-day training course and successfully pass an examination.
(b) An asbestos management planner shall complete the inspector training course as prescribed by subdivision (a) plus an additional 2 days of training devoted to management planning and shall successfully pass an examination on each course of training.
(c) An asbestos abatement project designer shall complete not less than 3 days of training and successfully pass an examination.
(d) An asbestos abatement contractor or supervisor shall complete a 5-day training course and successfully pass an examination.
(e) An asbestos abatement worker shall complete a 4-day training course and successfully pass an examination.
(3) A person who seeks reaccreditation under this act to perform asbestos-related work in a school building or a public and commercial building in this state shall complete a 1-day annual refresher training course, except that an asbestos inspector is only required to complete a 1/2-day annual refresher training course.
History:
1988, Act 440, Imd. Eff. Dec. 27, 1988 ;-- Am. 1995, Act 127, Imd. Eff. June 30, 1995
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 440 of 1988 - Asbestos Workers Accreditation Act (338.3401 - 338.3418) › Section 338.3405 - Certificate of Accreditation; Certificate of Reaccreditation.

338.3405 Certificate of accreditation; certificate of reaccreditation.
Sec. 5.
(1) A person who meets the requirements of this act and who completes the initial training and passes the examination required under section 4 shall receive a certificate of accreditation from the director in accordance with section 13. The certificate of accreditation shall authorize the person to perform asbestos-related work in a school building or a public and commercial building in this state for a period of 1 year after its issuance.
(2) A person who completes the refresher training course required under section 4 shall receive an annual certificate of reaccreditation from the director in accordance with section 13. The certificate of reaccreditation shall authorize the person to perform asbestos-related work in a school building or a public and commercial building in this state for a period of 1 year after its issuance.
History:
1988, Act 440, Imd. Eff. Dec. 27, 1988 ;-- Am. 1995, Act 127, Imd. Eff. June 30, 1995
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 440 of 1988 - Asbestos Workers Accreditation Act (338.3401 - 338.3418) › Section 338.3406 - Providing Initial Training Courses, Examinations, and Refresher Training Courses; Denial, Revocation, or Suspension of Approval.

338.3406 Providing initial training courses, examinations, and refresher training courses; denial, revocation, or suspension of approval.
Sec. 6.
(1) The initial training courses, examinations, refresher training courses, and certificates of successful course completion required under this act shall be provided by the department or a person approved by the department to sponsor the training and examinations and issue the certificates of successful course completion of a training course in accordance with the initial training, examinations, continuing education components, and the certificate issuance requirements of the asbestos model accreditation plan.
(2) The department may deny, revoke, or suspend approval of a person approved under this section for 1 or more of the following reasons:
(a) Misrepresentation of the extent of department approval of a training course.
(b) Failure to submit required information or notifications in a timely manner.
(c) Failure to maintain records required by law.
(d) Falsification of accreditation records, instructor qualifications, or other accreditation information.
(e) Failure to adhere to the training standards and requirements of this act or of the asbestos model accreditation plan.
History:
1988, Act 440, Imd. Eff. Dec. 27, 1988 ;-- Am. 1995, Act 127, Imd. Eff. June 30, 1995
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 440 of 1988 - Asbestos Workers Accreditation Act (338.3401 - 338.3418) › Section 338.3407 - Accreditation as Asbestos Inspector, Management Planner, or Project Designer; Minimum Experience.

338.3407 Accreditation as asbestos inspector, management planner, or project designer; minimum experience.
Sec. 7.
The following minimum experience is required of a person seeking accreditation as an asbestos inspector, management planner, or project designer:
(a) An asbestos inspector shall possess either of the following:
(i) Not less than 1 year of experience in asbestos-related work or in general building inspections related to environmental and health concerns.
(ii) Not less than 5 years of supervisory experience in school building or public and commercial building operations and maintenance.
(b) Both an asbestos management planner and an asbestos abatement project designer shall possess either of the following:
(i) Not less than 2 years of experience in asbestos-related work.
(ii) Not less than 5 years of supervisory experience in school building or public and commercial building operations and maintenance.
History:
1988, Act 440, Imd. Eff. Dec. 27, 1988 ;-- Am. 1995, Act 127, Imd. Eff. June 30, 1995
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 440 of 1988 - Asbestos Workers Accreditation Act (338.3401 - 338.3418) › Section 338.3408 - Complaints of Alleged Violations; Actions.

338.3408 Complaints of alleged violations; actions.
Sec. 8.
The department shall receive or initiate complaints of alleged violations of this act and shall take appropriate actions with respect to those alleged violations or complaints.
History:
1988, Act 440, Imd. Eff. Dec. 27, 1988
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 440 of 1988 - Asbestos Workers Accreditation Act (338.3401 - 338.3418) › Section 338.3409 - Investigations; Grounds for Denial, Suspension, or Revocation of Certificate of Accreditation or Reaccreditation.

338.3409 Investigations; grounds for denial, suspension, or revocation of certificate of accreditation or reaccreditation.
Sec. 9.
(1) The department, on its own initiative or upon the written complaint of an aggrieved party, a state agency, or political subdivision, may investigate the acts of a person accredited under this act. The department may deny, suspend, or revoke a certificate of accreditation or reaccreditation under this act under the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws, if a person is found not to be in compliance with this act or other applicable state or federal laws.
(2) The department may deny, suspend, or revoke a certificate of accreditation or reaccreditation for 1 or more of the following reasons:
(a) A willful or negligent action in violation of this act or other state or federal laws pertaining to the public health and safety aspects of asbestos-related work in a school building or a public and commercial building.
(b) Falsification of records.
(c) Failure to obtain or renew a certificate of accreditation.
(d) Deliberate misrepresentation in applying for accreditation or reaccreditation.
(e) Permitting a person who has not received the proper training or accreditation under this act to be responsible for asbestos-related work in a school building or a public and commercial building.
(f) Permitting the duplication or use of one's own accreditation certificate by another person.
(g) Obtaining accreditation from a training provider that does not have approval to offer training for that particular discipline from either the environmental protection agency or a state that has an approval program as stringent as this act.
History:
1988, Act 440, Imd. Eff. Dec. 27, 1988 ;-- Am. 1995, Act 127, Imd. Eff. June 30, 1995
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 440 of 1988 - Asbestos Workers Accreditation Act (338.3401 - 338.3418) › Section 338.3410 - Reciprocal Agreements With Other States.

338.3410 Reciprocal agreements with other states.
Sec. 10.
(1) The department shall seek to obtain written reciprocal agreements with other states that have accreditation and reaccreditation requirements that equal or exceed the requirements of this act for a person who performs asbestos-related work in a school building or a public and commercial building.
(2) Following the department's execution of a written reciprocal agreement with another state, a person who has been properly accredited by that state shall not be required to receive the initial training or take the examination to receive a certificate of accreditation required by this act to perform asbestos-related work in a school building or a public and commercial building in this state. That person shall submit a certificate of successful completion of training from the other state and the fee as required by section 14.
(3) For a person described in subsection (2), reaccreditation under sections 4 and 5 may only be obtained by submitting a copy of the certificate of successful completion of a refresher training course from another state and the fee as required by section 14.
History:
1988, Act 440, Imd. Eff. Dec. 27, 1988 ;-- Am. 1995, Act 127, Imd. Eff. June 30, 1995
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 440 of 1988 - Asbestos Workers Accreditation Act (338.3401 - 338.3418) › Section 338.3412 - Training Course; Notice of Scheduled Courses; Inspection; Effect of Noncompliance; Record Keeping.

338.3412 Training course; notice of scheduled courses; inspection; effect of noncompliance; record keeping.
Sec. 12.
(1) A training course sponsor shall submit to the department a notice of scheduled courses not less than 7 calendar days before the start of those courses, indicating starting and ending dates and times, location, and instructors. A training course sponsor shall also advise the department of cancellation of a course no less than 1 day before the indicated start date of that course.
(2) A training course sponsor shall permit department representatives, as part of a training course inspection, to attend, evaluate, and monitor a training course without charge to the department. The department shall not provide advance notice of a training course inspection. The department may revoke or suspend approval of a training course if the inspection of a field site, conducted under a training course inspection, indicates that a training course is not in compliance with the requirements of section 6.
(3) A training course sponsor shall satisfy the record-keeping requirements for a training provider described in unit I.F. of the asbestos model accreditation plan.
History:
1988, Act 440, Imd. Eff. Dec. 27, 1988 ;-- Am. 1995, Act 127, Imd. Eff. June 30, 1995
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 440 of 1988 - Asbestos Workers Accreditation Act (338.3401 - 338.3418) › Section 338.3413 - Numbered Certificate of Successful Course Completion; Issuance; Contents; Issuance of Numbered Certificate of Accreditation or Certificate of Reaccreditation; List of Persons Issued Certificates.

338.3413 Numbered certificate of successful course completion; issuance; contents; issuance of numbered certificate of accreditation or certificate of reaccreditation; list of persons issued certificates.
Sec. 13.
(1) The training course sponsor shall issue a numbered certificate of successful initial or refresher course completion to a student who meets the requirements of this act and who successfully completes the training and passes the training course's examination required under this act. The numbered certificate of successful course completion shall include the name of the student, the social security number of the student, the course completed, the dates of the course and the examination, a statement certifying that the student passed the examination, an expiration date that is 1 year after the date on which the person successfully completed the course and examination, and the name, address, and telephone number of the training course sponsor that issued the certificate.
(2) Upon the department's receipt of the fee required under section 14 and a copy of a certificate of successful course completion under subsection (1) or of a copy of a certificate of successful refresher course completion, the director shall issue a numbered certificate of accreditation or certificate of reaccreditation to the student. The numbered certificate of accreditation or certificate of reaccreditation shall include the name of the student, the course completed, and the annual expiration date for accreditation or reaccreditation.
(3) Within 10 calendar days after issuing certificates of successful course completion, the sponsor of an approved training course shall supply the department with a list of those persons to whom the certificates of successful completion were issued. The list shall be maintained by the department and shall include each person's name, social security number, and home address, the discipline for which the certificate was issued, and the date of the certificate.
History:
1988, Act 440, Imd. Eff. Dec. 27, 1988 ;-- Am. 1995, Act 127, Imd. Eff. June 30, 1995 ;-- Am. 1998, Act 133, Imd. Eff. June 24, 1998
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 440 of 1988 - Asbestos Workers Accreditation Act (338.3401 - 338.3418) › Section 338.3414 - Submission of Application and Annual Fee; Fee Schedule; Failure to Submit Annual Fee; Disposition of Fees.

338.3414 Submission of application and annual fee; fee schedule; failure to submit annual fee; disposition of fees.
Sec. 14.
(1) A person desiring accreditation or reaccreditation from the director under section 13 shall submit to the department an application for accreditation or reaccreditation on forms provided by the department. The applicant shall include, with the application, payment of the annual fee designated in subsection (3), subject to any refund or discount prescribed under section 11(7).
(2) If the application is for reaccreditation, the application and annual fee shall be submitted not earlier than 90 days before the accreditation expires but not later than 30 days before the accreditation expires. An application for reaccreditation that is submitted later than the time period specified in this subsection shall be treated by the director as an initial application for accreditation, and shall require payment of the accreditation fee, rather than the reaccreditation fee.
(3) The fee schedule for accreditation or reaccreditation is as follows:
Accreditation
Reaccreditation
(a) Asbestos inspectors
$150.00
$75.00
(b) Asbestos management planners
$150.00
$75.00
(c) Asbestos abatement project designers
$150.00
$75.00
(d) Asbestos abatement contractors and supervisors
$50.00
$25.00
(e) Asbestos abatement workers
$50.00
$25.00
(4) Failure to submit the annual fee as part of the application for accreditation constitutes just cause for the director to deny issuance to a person of a certificate of accreditation or reaccreditation under section 13.
(5) All fees collected by the department under subsection (1) shall be deposited in the asbestos abatement fund created in section 220 of the asbestos abatement contractors licensing act, 1986 PA 135, MCL 338.3220.
History:
1988, Act 440, Imd. Eff. Dec. 27, 1988 ;-- Am. 1995, Act 127, Imd. Eff. June 30, 1995 ;-- Am. 1998, Act 133, Imd. Eff. June 24, 1998 ;-- Am. 2004, Act 262, Imd. Eff. July 23, 2004
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 440 of 1988 - Asbestos Workers Accreditation Act (338.3401 - 338.3418) › Section 338.3415 - Failure to Have Certificate of Accreditation or Reaccreditation at Job Site.

338.3415 Failure to have certificate of accreditation or reaccreditation at job site.
Sec. 15.
A person who is accredited under this act to perform asbestos-related work in a school building or a public and commercial building shall have in his or her possession the initial and current certificate of accreditation or reaccreditation at the location where he or she is conducting asbestos-related work. A person's failure to have in his or her possession the certificate of accreditation or reaccreditation at the job site where he or she is working may result in the suspension or revocation of that person's certificate of accreditation.
History:
1988, Act 440, Imd. Eff. Dec. 27, 1988 ;-- Am. 1995, Act 127, Imd. Eff. June 30, 1995
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 440 of 1988 - Asbestos Workers Accreditation Act (338.3401 - 338.3418) › Section 338.3415a - Disclosure of Inspector's Financial Interest or Relationship; Performance of Asbestos-Related Work as Condition of Conducting Inspection Prohibited; Right of Contractor to Conduct Inspection; “Person” Defined.

338.3415a Disclosure of inspector's financial interest or relationship; performance of asbestos-related work as condition of conducting inspection prohibited; right of contractor to conduct inspection; “person” defined.
Sec. 15a.
(1) An asbestos inspector who has conducted an inspection under this act shall disclose orally and in writing to the person requesting the inspection the inspector's financial interest in or financial relationship to a person who engages in the business of performing asbestos-related work.
(2) A person who engages in asbestos-related work shall not require that the inspector who performs an inspection under this act also perform the asbestos-related work recommended in the inspector's report as a condition of conducting the inspection.
(3) After an inspection is conducted under this act and a report is prepared that indicates the need for asbestos-related work to be done, a person who contracts to do that asbestos-related work may conduct his or her own inspection either prior to performing the asbestos-related work or after performing that work in order to determine whether the work was successful, or both.
(4) For purposes of this section, "person" means an individual, partnership, association, corporation, public or private agency, or other legal entity.
History:
Add. 1995, Act 127, Imd. Eff. June 30, 1995
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 440 of 1988 - Asbestos Workers Accreditation Act (338.3401 - 338.3418) › Section 338.3416 - Repealed. 1995, Act 127, Imd. Eff. June 30, 1995.

338.3416 Repealed. 1995, Act 127, Imd. Eff. June 30, 1995.
Compiler's Notes:
The repealed section pertained to interim accreditation.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 440 of 1988 - Asbestos Workers Accreditation Act (338.3401 - 338.3418) › Section 338.3417 - Violation; Civil Penalties.

338.3417 Violation; civil penalties.
Sec. 17.
A person who violates this act shall be subject to civil penalties for each violation or each day that a violation continues in accordance with the following schedule:
(a) For a first violation
$
2,000.00
(b) For second violation
$
5,000.00
(c) For a third or subsequent violation
$
10,000.00
History:
1988, Act 440, Imd. Eff. Dec. 27, 1988
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 440 of 1988 - Asbestos Workers Accreditation Act (338.3401 - 338.3418) › Section 338.3418 - Appropriation.

338.3418 Appropriation.
Sec. 18.
The legislature shall annually appropriate to the department an amount sufficient to administer and enforce this act.
History:
1988, Act 440, Imd. Eff. Dec. 27, 1988
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 236 of 1996 - Regulated Occupation Support Enforcement Act (338.3431 - 338.3436) › Section 338.3431 - Short Title.

338.3431 Short title.
Sec. 1.
This act shall be known and may be cited as the "regulated occupation support enforcement act".
History:
1996, Act 236, Eff. Jan. 1, 1997
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 236 of 1996 - Regulated Occupation Support Enforcement Act (338.3431 - 338.3436) › Section 338.3432 - Definitions.

338.3432 Definitions.
Sec. 2.
As used in this act:
(a) "License" means a certificate, registration, or license issued by an occupational regulatory agency that allows an individual to engage in a regulated occupation or that allows an individual to use a specific title in the practice of an occupation, profession, or vocation.
(b) "Occupational regulatory agency" means a department, bureau, or agency of this state that has regulatory authority over a regulated occupation.
(c) "Office of the friend of the court" means an agency created by section 3 of the friend of the court act, Act No. 294 of the Public Acts of 1982, being section 552.503 of the Michigan Compiled Laws.
(d) "Regulated occupation" means an occupation, profession, or vocation that requires a license as a predicate for the practice of the occupation, profession, or vocation or that provides for the use of a specific title in the practice of the occupation, profession, or vocation.
History:
1996, Act 236, Eff. Jan. 1, 1997
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 236 of 1996 - Regulated Occupation Support Enforcement Act (338.3431 - 338.3436) › Section 338.3433 - Suspension Order Issued Pursuant to Support and Parenting Time Enforcement Act; Compliance.

338.3433 Suspension order issued pursuant to support and parenting time enforcement act; compliance.
Sec. 3.
An occupational regulatory agency shall comply with a suspension order issued as provided in the support and parenting time enforcement act, Act No. 295 of the Public Acts of 1982, being sections 552.601 to 552.650 of the Michigan Compiled Laws, within 7 business days after receipt of the suspension order.
History:
1996, Act 236, Eff. Jan. 1, 1997
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 236 of 1996 - Regulated Occupation Support Enforcement Act (338.3431 - 338.3436) › Section 338.3434 - Rescission of Suspension Order; Procedure to Reinstate License.

338.3434 Rescission of suspension order; procedure to reinstate license.
Sec. 4.
An order rescinding a suspension order issued under the support and parenting time enforcement act, Act No. 295 of the Public Acts of 1982, being sections 552.601 to 552.650 of the Michigan Compiled Laws, is effective upon its entry by the court and payment by the licensee of the customary reinstatement fee, if any, charged by the occupational regulatory agency. The occupational regulatory agency shall reinstate the license of a licensee whose suspension order is rescinded within 7 business days after receipt of the rescission order and payment of the appropriate reinstatement fee. An occupational regulatory agency shall send a notice of the license reinstatement to the licensee upon reinstatement.
History:
1996, Act 236, Eff. Jan. 1, 1997