Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
611 W. Ottawa Street  
Lansing, MI 48909  
Phone: 517-335-8658 Fax: 517-335-9512  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
Licensing and Regulatory Affairs  
2. Bureau:  
Bureau of Construction Codes  
3. Promulgation type:  
Full Process  
4. Title of proposed rule set:  
Electrical Administrative Board General Rules  
5. Rule numbers or rule set range of numbers:  
R 338.1001a through R 338.1099a  
6. Estimated time frame:  
12 months  
Name of person filling out RFR:  
Amanda Johnson  
E-mail of person filling out RFR:  
JohnsonA39@michigan.gov  
Phone number of person filling out RFR:  
517-241-3408  
Address of person filling out RFR:  
Ottawa Building  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
The Skilled Trades Regulation Act, 2016 PA 407, repealed the Electrical Administrative Act, 1956  
PA 217, MCL 338.881 to 338.892. The Electrical Administrative Act is outdated and does not  
provide uniform licensing, complaint investigation, and enforcement provisions for skilled trades  
licenses. This places a burden on the bureau administering the Electrical Administrative Act and  
creates an inefficient use of resources. Additionally, many licensees who are cross-licensed in  
multiple trades have expressed dissatisfaction with conflicting provisions in separate statutes. The  
Skilled Trades Regulation Act, PA 407 of 2016, streamlines the processes for all license types  
included while providing for modernized provisions, such as electronic communication and third-  
party continuing education tracking options, and specifies violations for unlicensed activity as  
provided to other regulated professions. Because the Electrical Administrative Act was repealed,  
the bureau plans to rescind the licensing rules promulgated under the Act and create a new rule set  
to house all licensing rules regulation under the Skilled Trades Regulation Act, including the  
Electrical Administrative Board General Rules.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
Department Director and Boards & Commission.  
MCL 24.239  
RFR-Page 2  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
Promulgation of the electrical administrative board general rules is authorized under 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. This authority  
replaces the previous authority under 1956 PA 217, MCL 338.881 to 338.892.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
Some of the rules are mandated pursuant to MCL 339.5207, which states that the department  
shall, in consultation with the appropriate board, promulgate rules that the department considers  
necessary and appropriate to implement and administer articles 1-6 and that enable the  
department to fulfill its responsibilities under the act; that establish fees for licenses, exams, and  
inspectors; and that establish the fee schedule for other items including but not limited to variance  
requests product approvals or special inspections.  
9. Please describe the extent to which the rules conflict with or duplicate similar rules,  
compliance requirements, or other standards adopted at the state, regional, or federal level.  
There are no similar rules or regulation adopted by the state, regional, or federal government.  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
There is no subject matter of these rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with the instructions, or operational memoranda.  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed  
for the current year?  
Yes, these rules are listed in the department's annual regulatory plan.  
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures  
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?  
Full Process  
13. Please describe the extent to which the rules exceed similar regulations, compliance  
requirements, or other standards adopted at the state, regional, or federal level.  
There are no similar rules or regulations adopted by the state, regional, or federal government.  
14. Do the rules incorporate the recommendations received from the public regarding any  
complaints or comments regarding the rules? If yes, please explain.  
The rules incorporate recommendations received from the public via email and comments  
provided by the public at an informal advisory meeting.  
15. If amending an existing rule set, please provide the date of the last evaluation of the rules  
and the degree, if any, to which technology, economic conditions, or other factors have changed  
the regulatory activity covered by the rules since the last evaluation.  
This is a rule set that is being rescinded and moved to the new Skilled Trades 407 rule set.  
16. Are there any changes or developments since implementation that demonstrate there is no  
continued need for the rules, or any portion of the rules?  
No  
17. Is there an applicable decision record (as defined in MCL 24.203(6) and required by MCL  
24.239(2))? If so, please attach the decision record.  
No  
MCL 24.239  
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