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:

Bureau of Professional Licensing

3. Promulgation type:

Full Process

4. Title of proposed rule set:

Sanitarians Registration – General Rules

5. Rule numbers or rule set range of numbers:

R 338.3901 – R 338.3931

6. Estimated time frame:

12 months

Name of person filling out RFR:

Weston MacIntosh

E-mail of person filling out RFR:

MacIntoshW1@michigan.gov

Phone number of person filling out RFR:

517-241-9269

Address of person filling out RFR:

611 W. Ottawa St.

P.O. Box 30670

Lansing, MI 48909

7. Describe the general purpose of these rules, including any problems the changes are intended

to address.

The Sanitarians Registration – General Rules pertain to definitions, training, educational

standards, registration, examinations, and renewal, for registered sanitarians.

Amendment of the rules will take place to supply clarity on definitions, human trafficking

training, educational standards, registration, examinations, and renewal.

8. Please cite the specific promulgation authority for the rules (i.e. department director,

commission, board, etc.).

MCL 333.16145 authorizes a board or task force to promulgate rules necessary or appropriate to

fulfill its functions as prescribed in Article 15 of the Public Health Code.

MCL 333.16148 authorizes the department, in consultation with a board, to promulgate rules.

MCL 333.18413 authorizes the department to adopt by rule any other or additional appropriate

standards and may adopt any updates or amendments to the National Environmental Health

Association standards adopted under the statute.

A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).

MCL 24.239

RFR-Page 2

MCL 333.16145; MCL 333.16148; MCL 333.18413; Executive Reorganization Order No. 1991-9,

MCL 338.3501; Executive Reorganization Order No.1996-2, MCL 445.2001; Executive

Reorganization Order No. 2003-1, MCL 445.2011; Executive Reorganization Order No. 2009-10,

MCL 333.26364; and Executive Reorganization Order No. 2011-4, MCL 445.2030.

B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please

explain.

No, there are no constitutional or statutory mandates.

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.

Each state sets up its own requirements with respect to sanitarians. 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. The subject matter of these rules is not currently contained in any guideline, handbook,

manual, instructional bulletin, form with 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.

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.

The rules do not exceed similar regulations, compliance requirements, or other standards adopted

at the state, regional, or federal level.

14. Do the rules incorporate the recommendations received from the public regarding any

complaints or comments regarding the rules? If yes, please explain.

The Department will receive comments from the public, associations, and registrants. The

Department will hold Rules Committee Work Group sessions with the public.

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.

The Department last amended the rules on March 23, 2023. There have been no technological

factors, economic conditions, or other factors that would require amendment of the rules.

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, there are no changes or developments since implementation of the last rule set that

demonstrates there is no continued need for the rules.

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.

MCL 24.239