Rule 7. (1) An application for a wage deviation certificate shall be filed by a
rehabilitation facility or by a private sector employer seeking to pay a deviated wage rate
to handicapped workers not covered under section 14(c) of the fair labor standards act
of 1938, as amended, 29 U.S.C. 214. A unit of rehabilitation facility having an
identifiable program that operates at a different location under separate supervision shall
file a separate application for a wage deviation certificate.
(2) A certificate must specify the terms and conditions under which it is granted.
(3) A certificate takes effect on the date issued and is effective for 12 months.
Handicapped workers may be paid a deviated wage rate only during the effective period
of the certificate.
(4) If a certificate is issued by the director, a copy shall be sent to the rehabilitation
facility or private sector employer. If denied, the applicant must be notified in writing of
the denial and the reasons for the denial and of the right of appeal provided for in R
408.784 and R 408.785.
(5) The terms of a certificate may be amended upon written request from a
rehabilitation facility or private sector employer and subsequent approval by the director.
History: 1983 AACS; 2019 AACS.
R 408.778 Certification of applications for private sector employment.
Rule 8. (1) An application for a wage deviation certificate submitted by a private
sector employer not meeting the definition of a rehabilitation facility requires
certification by either the Michigan rehabilitation services in the Michigan department of
health and human services or the bureau of services for blind persons in the department,
(2) Certification by the bureau of services for blind persons is required if the worker
covered under the certificate is legally blind, as determined pursuant to section 1(a) of
1978 PA 260, MCL 393.351(a). All other applicants shall be certified by the Michigan
(3) Certification must involve a determination that the productive capacity of the
handicapped worker to be covered by the certificate is genuinely impaired by a
physical or mental disability and that the handicapped worker is to be paid a
History: 1983 AACS; 2016 AACS; 2019 AACS.
R 408.779 Criteria for issuance of certificate.
Rule 9. The following criteria as established by the department shall be
considered by the director prior to the issuance of a wage deviation certificate:
(a) An applicant's previous and current compliance with the act.
(b) Whether the handicapped workers covered by the certificate are being paid a
(c) Whether the applicant can document, for each worker covered by the certificate,
that the individual's productive capacity is impaired and that the impairment is caused
by a physical or mental disability.