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MEMORANDUM
DATE: June 20, 2006
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 Michigan Administrative Code (2005-098)
R 339.23101(1)(g), pursuant to the Administrative Procedures Act, Section 56(1), MCL 28.256.
DATE: 2006 MR 4, Eff. June 2, 2006.
The Bureau of Commercial Services, as promulgating agency, is writing to request that the Office of Administrative Hearings and Rules exercise its discretion to an obvious error in the Michigan Administrative Code, pursuant to Administrative Procedures Act, Section 56(1), MCL 28.256.
The error is contained in R 339.23101(1)(g). The rule was promulgated as part of general revisions to the Real Estate Appraisers' rules, 2006 MR 4, effective. June 2, 2006.
The recently promulgated rule makes reference to the "Uniform standards of professional appraisal practice effective June 1, 2006." The date is incorrect. The actual effective date of the standards is July 1, 2006.
The affected first sentence of the rule currently reads (italics added):
R 339. 23101 Definitions
Rule 101. (1)(g) "Uniform standards of professional appraisal practice" or "USPAP" means the uniform standards of professional appraisal practice, published by the appraisal foundation, effective June 1, 2006....."
The language of the first sentence should read:
Rule 101. (1)(g) "Uniform standards of professional appraisal practice" or "USPAP" means the uniform standards of professional appraisal practice, published by the appraisal foundation, effective July 1, 2006....."
There are no standards effective June 1, 2006. In addition, the Appraisal Foundation website has the July 1, 2006 standards published so it's clear to everyone in the industry that the current standards are effective July 1, 2006. In earlier drafts of the rules we had July 1, but somehow along the way it was changed in error to June 1. It appears to be a technical error.
If you have any questions about this transmittal, you may contact me at 517.335.2626. cc: Agency Liaison, Amy Shell
