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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 436.1041 (ORR #2002- 033CI) “General” 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 436.1041 was filed with the Secretary of State on May 22, 2003, ORR #2002-033CI, 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 436.1041(3)(a) currently reads:
“(3) The provisions of subrule (1) of this rule do not apply to persons approved by the commission and named on a participation permit issued to the licensee. Upon written request of the licensee, the commission may issue a participation permit to a licensee who meets all of the following qualifications: (a) the non-licensed person who receives use or benefit from the licensee’s license or who receives gross or net profits from a licensed business shall meet the same qualifications as a licensee as prescribed by R 436.1101.”
The language should read:
“(3) The provisions of subrule (1) of this rule do not apply to persons approved by the commission and named on a participation permit issued to the licensee. Upon written request of the licensee, the commission may issue a participation permit to a licensee who meets all of the following qualifications: (a) the non-licensed person who receives use or benefit from the licensee’s license or who receives gross or net profits from a licensed business shall meet the same qualifications as a licensee as prescribed by R 436.1101 ET SEQ.”
Enclosed is a revised copy of the above-referenced rules. Please note this correction in the Michigan Register and the Michigan Administrative Code.
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
