RFR-Page 2
B. Are the rules mandated by any applicable constitutional or statutory provision? If so,
please explain.
These rules are mandated by the Skilled Trades Regulation Act, 2016 PA 407, MCL 339.5207,
MCL 339.5209 and MCL 339.5907.
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 regulations or other standards at the regional, or federal level except for
the new ruleset, Part 9A – Boiler Code (R 125.301 through R 125.399,) is being created to eliminate
any conflict or duplication with the existing boiler provisions in the Skilled Trades Regulation Rules
rule set. To ensure clarity the department is rescinding the boiler-related rules from the Skilled Trades
boiler rules to create the new Part 9A – Boiler Code which will be filed concurrently. This coordinated
filing ensures a seamless transition and prevents any misunderstanding or duplication between the
two rulesets.
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,
instructional bulletin, form with instructions, or operational memoranda?
No, there is no subject matter of the rules 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, these rules are listed on the department's annual regulatory plan.
12. Will the proposed rules be promulgated under Section 44 of the administrative procedures act
of 1969, 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 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.
No. The rules do not incorporate recommendations from the public regarding any complaints or
comments regarding the rules.
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 rules were last updated and took effect on May 3, 2023. The rules are being amended to update,
streamline, and clarify the regulatory framework governing license-related activities. In addition, the
amendments will rescind the boiler rules (R 339.5201 through R 339.5253.)
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?
Yes, rules R 339.5201 through R 339.5253 are being rescinded to create a new rule set that will be
entitled Part 9A – Boiler Code.
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
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 Reorganization Order No. 2019-1, MCL 324.99923.
MCL 24.239