Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
MOAHR-Rules@michigan.gov  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
Labor and Economic Opportunity  
2. Bureau:  
MIOSHA  
3. Promulgation type:  
Full Process  
4. Title of proposed rule set:  
Ionizing Radiation Rules Governing the Use of Radiation Machines - Part 5. Operators Qualifications  
5. Rule numbers or rule set range of numbers:  
R 333.5201 – R 333.5213  
6. Estimated time frame:  
12 months  
Name of person filling out RFR:  
Heather Albert  
Email of person filling out RFR:  
AlbertH@michigan.gov  
Phone number of person filling out RFR:  
517-284-7738  
Address of person filling out RFR:  
530 W. Allegan St, P.O. Box 30643, Lansing, MI 48909  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
The current rules are being amended to clarify language for the credentials and licensing of the  
operators of medical radiologic technology devices.  
8. Please cite the specific promulgation authority for the rules (i.e., department director,  
commission, board, etc.).  
By authority conferred on the director of the department of labor and economic opportunity by  
sections 13515, 13521, 13522, and 13527 of the public health code, 1978 PA 368, MCL 333.13515,  
333.13521, 333.13522, and 333.13527, and Executive Reorganization Order Nos. 1996-1, 1996-2,  
2003-1, 2011-4, and 2019-3, MCL 330.3101, 445.2001, 445.2011, 445.2030, and 125.1998.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
The Public Health Code, 1978 PA 368, Part 135, MCL 333.13515, MCL 333.13521, MCL  
333.13522, and MCL 333.13527 and Executive Reorganization Order Nos. 1996-1, 1996-2,  
2003-1, 2011-4, and 2019-3, MCL 330.3101, MCL 445.2001, MCL 445.2011, MCL 445.2030,  
and MCL 125.1998.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so,  
please explain.  
By authority conferred on the director of the Michigan department of labor and economic  
opportunity by sections 13515, 13521, 13522, and 13527 of the public health code, 1978 PA  
368.  
MCL 24.239  
RFR-Page 2  
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.  
MIOSHA is not aware of any rules, compliance requirements, or other standards adopted at the state,  
regional, or federal level that conflict with or are duplicative of these rules.  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
MIOSHA is not aware if the subject matter of the rules is 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  
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.  
The proposed rules do not exceed any regulation at the state or regional level. There is no federal  
equivalent of these rules.  
14. Do the rules incorporate the recommendations received from the public regarding any  
complaints or comments regarding the rules? If yes, please explain.  
Yes. The Radiation Safety Section received a written request for clarification on the credentials and  
exceptions for operators of medical radiologic technology devices. The proposed rule updates will  
include those clarifications.  
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 rule set was last amended by the full rulemaking process, on March 13, 2024. Technology,  
economic conditions, and other factors have not significantly changed the regulatory activity covered  
by the rules since the last evaluation.  
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  
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  
;