HB-6060, As Passed Senate, December 12, 2018

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 6060

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1980 PA 299, entitled

 

"Occupational code,"

 

(MCL 339.101 to 339.2677) by adding section 202a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 202a. (1) The department shall establish a procedure that

 

allows an individual to obtain a preliminary determination from the

 

department concerning whether any court judgments against him or

 

her would likely result in a denial of a license or registration

 

for failing to meet the good moral character requirement for that

 

license or registration.

 

     (2) All of the following apply for purposes of subsection (1):

 

     (a) To obtain a preliminary determination under this section,

 

an individual must file a request that meets all of the following:

 

     (i) Is submitted on a form provided by the department.

 

     (ii) Identifies the license or registration for which he or

 

she may apply.

 

     (iii) Includes a detailed description of any criminal

 

proceedings that resulted in a judgment against him or her.

 

     (iv) Includes the nonrefundable fee required by the

 

department.

 

     (b) The department shall only consider the information

 

provided by an individual under subdivision (a)(ii) and (iii) in

 

making a preliminary determination.

 

     (c) A preliminary determination under this section that is

 

adverse to an individual does not prevent the individual from

 

subsequently applying for a license or registration.

 

     (d) The department or a board is not bound by a preliminary

 

determination under this section if the individual applies for a

 

license or registration under this act.

 

     (e) The issuance of a preliminary determination under this

 

section does not limit the authority of the department to review

 

applications for a license or registration, or to issue or deny a

 

license or registration.

 

     (f) The department shall notify an individual of a preliminary

 

determination by delivering a preliminary determination letter to

 

the individual, in a form determined by the department.

 

     (3) An individual shall not request more than 1 preliminary

 

determination under this section in any 120-day period.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.