8 PROPOSED ADMINISTRATIVE RULES

 

SOAHR 2008-014

 

DEPARTMENT OF LABOR & ECONOMIC GROWTH BUREAU OF COMMERCIAL SERVICES

RESIDENTIAL BUILDERS AND MAINTENANCE & ALTERATION CONTRACTORS

 

 

Filed with the Secretary of State on

 

These rules take effect immediately upon filing with the Secretary of State.

 

(By authority conferred on the director of the department of consumer and industry services labor and economic growth by 1980 PA 299, and Executive Reorganization Order No. 1996-2, MCL 339.308 and 445.2001 )

 

Draft April 1, 2008

 

R 338.1521a, R 338.1560, and R 338.1562 are added to the Michigan Administrative Code as follows:

 

 

PART 2. LICENSES AND BONDS

 

R 338.1521a  Requirements for examination.

Rule 21a.  As a condition for approval to take the residential builder or maintenance and alteration contractor examination, applicants for licensure shall meet all other licensing requirements, including successful completion of the prelicensure education requirements.

 

 

PART 6. EDUCATION

 

R 338.1560  Instructor qualifications.

Rule 60.  An instructor of prelicensure or continuing competency courses shall possess either of the following qualifications:

(a)   Be qualified pursuant to the requirements of MCL 339.2404b(4).

(b)   Be qualified by experience, education, or both, to supervise and instruct a prelicensure or continuing competency course required pursuant to MCL 339.2404b, including at least 1 of the following:

(i)   Properly licensed, certified or approved instructor at a high school, intermediate school district, community college, university, the bureau of construction codes, the Michigan occupational safety and health administration, other government agency, or a proprietary school licensed by the department.

 

 

(ii)   Currently licensed as a residential builder or maintenance and alteration contractor with at least 3 years of experience in the subject matter being taught.

(iii)     Possess equivalent qualifications approved by the department.

 

R 338.1562 School, institution, sponsor or instructor responsibilities.

Rule 62. (1) The school, institution, sponsor, or instructor, as determined appropriate by the department, shall do all of the following:

(a)  Submit to the department the qualifications of each instructor to be used in an approved course not fewer than 60 days before the instructor is scheduled to begin instruction.  The department may waive this deadline at its discretion.

(b)  Report student course completion to the department in a form and manner as prescribed by the department.

(c)   Retain all course attendance records for a period of 5 years.

(2)   Instructors shall be responsible for all of the following:

(a)  Compliance with all laws and rules relating to prelicensure and continuing competency courses pursuant to the act.

(b)   Providing students with current and accurate information.

(c)   Maintaining an environment conducive to learning.

(d)   Assuring and certifying attendance of students enrolled in courses.

(e)   Providing assistance to students and responding to questions relating to course materials.