Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
[email protected]  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
Licensing and Regulatory Affairs  
2. Bureau:  
Corporations, Securities, & Commercial Licensing  
3. Promulgation type:  
MCL 24.244 (1)  
4. Title of proposed rule set:  
Occupational Code Renewals  
5. Rule numbers or rule set range of numbers:  
R 339.1003  
6. Estimated time frame:  
3 months  
Name of person filling out RFR:  
Mitchell Page  
E-mail of person filling out RFR:  
PageM6@michigan.gov  
Phone number of person filling out RFR:  
517-241-6659  
Address of person filling out RFR:  
2407 N Grand River Ave, Lansing, MI 48906  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
The rules are intended to add in the required renewal date for the new refrigeration facility license  
and removal service registration. These programs were added as Article 18A of the Occupational  
Code (“Code”), MCL 339.1851 to 339.1873 as a result of Public Acts 107 and 108 of 2024. These  
rules are set to go into effect 91 days after the regular session sine die.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
Section 202(2) of the Code requires that the department establish the expiration date of a license  
or registration via rule.  
Section 205 of the Code grants the department the authority to promulgate rules to implement  
articles 1 to 6.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
MCL 339.202(2), MCL 339.205.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
MCL 24.239  
RFR-Page 2  
Yes. Section 202(2) of the Code requires that the department establish the expiration date of a  
license or registration via rule.  
Section 205 of the Code grants the department the authority to promulgate rules to implement  
articles 1 to 6.  
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.  
The rules do not conflict with or duplicate similar rules, compliance requirements, or other  
standards adopted at the state, regional, or federal level.  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
No.  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed  
for the current year?  
No.  
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?  
MCL 24.244 (1)  
A. Explain why the rules are being promulgated under 24.244.  
The rules must be promulgated under Section 44 of the APA because recent statutory changes to  
the occupational code adding a new license and a new registration to CSCL's regulatory scheme  
require the department to set a renewal date. Section 202(2) of the Code requires that this be done  
via rule. Seeing as this would be a statutorily-required ministerial change, as opposed to a  
substantive one, CSCL believes that this justifies the rationale to promulgate a change to R  
339.1003 under MCL 24.244(1).  
Based on the information provided in this RFR, MOAHR concludes that there are sufficient  
policy and legal bases for approving the RFR. The RFR satisfies the requirements of the  
Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.201 to 24.328, and Executive  
Order No. 2019-6.  
MCL 24.239  
;