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MEMORANDUM
DATE: April 11, 2008
TO: Norene Lind, Regulatory Affairs Manager
State Office of Administrative Hearings and Rules
FROM: Jeannine Benedict, Administrative Rules Specialist MDLEG, Office of Policy and Legislative Affairs
SUBJECT: Request for correction of obvious error: MIOSHA Construction Safety Part 32 ‘Aerial Work Platforms’ Rules R 408.43210, and R 408.43207(7) pursuant to Administrative Procedures Act, Section 56(1), MCL 24.256 (1).
The MIOSHA Standards Section, as a promulgating agency, is writing to request that the State Office of Administrative Hearings and Rules exercise its discretion on two obvious errors in the MIOSHA Rules, pursuant to the Administrative Procedures Act, Section 56(1), MCL 24.256 (1).
One error is in section R 408.43210, which was rescinded during rulemaking for SOAHR # 2006-082, but the final non-strike version did not show the deleted language, so it is still shown in the administrative rules that were effective on March 20, 2008. This correction can be verified in the Archived Rule Revisions for 2006 on the SOAHR website, where the strike bold version of the corrections clearly shows the rescinded rule language for this rule. The language needs to be corrected to read as follows:
R 408.43210 Rescinded.
The second error is in section R 408.43207(7), and was effective on July 9, 1992. The Sample Permit was shown as a table in 1992 AACS, page 984. All of the other language is the same just displayed as a sample permit. The language needs to be corrected to read as follows:
(7) A sample permit is set forth as follows:
If you have any questions about this transmittal, you may contact me at 517.335.2626. cc: Marsha Parrott-Boyle, MIOSHA Standards Program Manager
