RFR-Page 2
The Skilled Trades Regulation Act, 2016 PA 407, repealed the Electrical Administrative Act, 1956
PA 217, MCL 338.881 to 338.892, and incorporated provisions of the Electrical Administrative
Act into the Skilled Trades Regulation Act. Because the Electrical Administrative Act was
repealed, the bureau intended to rescind the Electrical Administrative Board General Rules rule set
promulgated under that Act and include rules pertaining to the Electrical Administrative Board
into a new rule set – the Skilled Trades Regulation Rules.
The final draft rules to rescind the Electrical Administrative Board General Rules (2019-110 LR)
were filed with the Office of the Great Seal on April 26, 2023 and took effect on May 3, 2023.
The Michigan Office of Administrative Hearings and Rules (MOAHR) noted that R 338.1037a
(Sanctions and fines imposed by board) was omitted from the rules that were rescinded under
2019-110 LR. Consequently, R 338.1037a still appears in the current Michigan Administrative
Code Electrical Administrative Board General Rules.
The bureau’s intent was to rescind R 338.1037a with the rest of the rules in this rule set when the
rescission was being processed under 2019-110 LR, but R 338.1037a was inadvertently omitted
from the rules that were being rescinded. Given that, the bureau is submitting a Request for
Rulemaking to be processed under Section 44(1), MCL 24.244(1) of the Administrative
Procedures Act to make an obviously needed correction to have this rule rescinded from the
Electrical Administrative Board General Rules in the Administrative Code.
8. Please cite the specific promulgation authority for the rules (i.e. department director,
commission, board, etc.).
Department Director and Boards & Commission
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.
Section 109(3) of the Skilled Trades Regulation Act, MCL 339.5109, provides that rules
promulgated by the department or a by a board under a former act and in effect on the day
immediately preceding the effective date of the Skilled Trades Regulation Act continue in effect as
long as they don’t conflict with the Act. This section also allows the rules to be amended or
rescinded by the department or a board under this Act.
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.
R 338.1037a pertains to sanctions and fines imposed by the Electrical Administrative Board and is
proposed for rescission. Article 5 of the Skilled Trades Regulation Act, MCL 339.5501 – MCL
339.5541, pertains to complaints, investigations, and administrative proceedings. Article 6 of the
Skilled Trades Regulation Act, MCL 339.5601 – MCL 339.5613, pertains to penalties and
remedies. The general subject matter of R 338.1037a may be addressed in the Act.
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.
MCL 24.239