HB-6060, As Passed House, December 12, 2018
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.