-
Agency’s Memo February 29, 2008
Ms. Norene Lind, Administrative Rules Manager State Office of Administrative Hearings and Rules 2nd Floor; Ottawa Building
Lansing, MI 48909 Dear Ms. Lind:
We currently have a Rule Set (2006-078 AC) that was filed with the Office of the Great Seal on February 21, 2008; however, we need to make a correction to an obvious error under MCL 24.256(1), thereby obviating the need for formal and costly rulemaking.
Rule Set (SOAHR #2006-078 AC)
Regulation 637, Rule 11(2) establishes the requirement for commercial pesticide applicators to post a lawn marker when making a broadcast, foliar, or space application of pesticides to an ornamental or turf site, other than a golf course or farm production operation.
Rule 11(2)(b) currently states: Immediately following the application, a commercial applicator shall place a lawn marker sign at the primary point or points of entry. Lawn markers specified in subrule (1) of this rule shall only be used when making pesticide applications and shall be in compliance with all of the following specifications: (remainder correct)
Unfortunately MDA did not recognize that when the rule was amended the addition of subrule (1) to Rule 11 should have resulted in an edit to rule 11(2)(b) changing the reference from “...subrule (1) …” to “…subrule (2)…” accurately referencing the requirement for lawn posting markers. If a reader follows the current citation, the reader will be confused because Rule 11(1) does not have any language on lawn markers.
Rule 11(2)(b) should be amended to correct the obvious error to read: Immediately following the application, a commercial applicator shall place a lawn marker sign at the primary point or points of entry. Lawn markers specified in subrule (2) of this rule shall only be used when making pesticide applications and shall be in compliance with all of the following specifications: (remainder correct)
We would ask that you make this correction under MCL 24.256 and publish it in the Michigan Register and the Michigan Administrative Code.
If you have any questions about this transmittal, please contact me at 241-4085.
cc: B. Rowe, Pesticide Section Manager, MDA
Sincerely, Bradley Deacon
Regulatory Affairs Officer
SOARH Memo March 10, 2008
Mr. Bradley Deacon
Michigan Department of Agriculture 6th Floor North – Constitution Hall Lansing, MI 48909
RE: Request for correction under MCL 24.256(1) Dear Mr. Deacon:
The State Office of Administrative Hearings and Rules hereby approves your request of February 29, 2008 to amend R 286.637.11 of the Michigan Administrative Code under MCL 24.256(1) of the Administrative Procedures Act.
R 285.637.11 (2)(b) shall be amended as follows:
(b) Immediately following the application, a commercial applicator shall place a lawn marker sign at the primary point or points of entry. Lawn markers specified in subrule (2) of this rule shall only be used when making pesticide applications and shall be in compliance with all of the following specifications:
If you have any questions, please do not hesitate to contact our office. Sincerely,
Norene K. Lind Administrative Rules Manager
file: 2006-078 AC
