-
June 5, 2003
Mr. Brian D. Devlin, Director Office of Regulatory Reform
Department of Management and Budget Ottawa Building – First Floor
611 West Ottawa
Lansing, Michigan 48933-1070 Dear Mr. Devlin:
SUBJECT: Request for correction of Michigan Administrative Code R 436.1951 and R 436.1953 (ORR #2002-040CI) “Church or School Hearings” rules and R 436.1413 of the “On-Premises Licenses” rules pursuant to Administrative Procedures Act, Section 56(1), MCL 28.256.
The Michigan Liquor Control Commission, as promulgating agency, is writing to request that the Office of Regulatory Reform exercise its discretion to correct obvious errors in the Michigan Administrative Code, pursuant to Administrative Procedures Act, Section 56(1), MCL 28.256.
Rule 436.1951 was filed with the Secretary of State on May 22, 2003, ORR #2002-040CI, effective May 30, 2003. The certified version of the rule filed with the Office of the Great Seal contains an obvious error in that it was drafted with an incorrect citation. Rule 436.1951 currently reads:
“Rule 1. As used in these rules “act” means 1998 P.A. 58, MCL 46.1101 et seq.” The language should read:
“Rule 1. As used in these rules “act” means 1998 P.A. 58, MCL 436.1101 et seq.”
Rule 436.1953 also was filed with the Secretary of State on May 22, 2003, ORR Mr. Brian D. Devlin June 5, 2003
#2002-040CI, effective May 30, 2003. The certified version of the rule filed with the Office of the Great Seal contains an obvious error in that the word “section”
was incorrectly omitted. Rule 436.1953 currently reads, in pertinent part:
“Rule 3. If the commission determines through investigation that the proposed location of an applicant is within 500 feet of a church or school, as defined in 107(5) or 111(8) of the act, the clergyman of the church or superintendent of the school shall be notified of the application and the proposed location if the applicant desires 1 of the following: . . .”
The language should read:
“Rule 3. If the commission determines through investigation that the proposed location of an applicant is within 500 feet of a church or school, as defined in section 107(5) or 111(8) of the act, the clergyman of the church or superintendent of the school shall be notified of the application and the proposed location if the applicant desires 1 of the following: . . .”
Additionally Rule 436.1313(4) contains an incorrect citation. The recent promulgation of amendments to Rule 436.1001 (ORR #2002-033CI) of the “General” rules resulted in the incorrect reference. The current rule reads, in pertinent part:
“(4) Any of the following entities may provide and install illuminated advertising signs and advertising signs that have a total area of more than 3,500 square inches per sign inside the arena area, concourse area, or private suite areas of a sports/entertainment venue as defined by R 436.1001(s): . . .”
The correct language should read:
“(4) Any of the following entities may provide and install illuminated advertising signs and advertising signs that have a total area of more than 3,500 square inches per sign inside the arena area, concourse area, or private suite areas of a sports/entertainment venue as defined by R 436.1001(u): . . .”
Enclosed is a revised copy of the above-referenced rules. Please note these corrections in the Michigan Register and the Michigan Administrative Code.
Mr. Brian D. Devlin June 5, 2003
Please contact me if you have any questions about this matter.
Sincerely,
Ken Wozniak Commission Aide
Michigan Liquor Control Commission
Cc: Judith Allen, Chairwoman Norene Lind
