Section 408.808 Elevator Safety Board; Powers and Duties Generally; Rules Establishing Fee Schedules; Conducting Business at Public Meeting; Notice of Meeting.

MI Comp L § 408.808 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

Sec. 8.

(1) The board shall have the following powers and duties:

(a) To promulgate rules for the inspection, design, construction, installation, alteration, maintenance, and use of elevators in this state pursuant to Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 to 24.315 of the Michigan Compiled Laws.

(b) To prepare examinations, interview applicants to determine their qualifications, examine qualified applicants for elevator contractor licenses or certificates of competency, and certify to the director the names of persons who successfully pass the examination given by the board.

(c) When submitted by the director, to grant exceptions or variations from the literal requirements of this act or rules promulgated by the board when it is clearly evident that exceptions or variations are necessary to prevent undue hardship or when existing conditions prevent compliance with the literal requirements, if the board believes reasonable safety will be secured by granting the exception or variation.

(d) To hear and decide appeals referred to the board by the director when requested to do so by a person, firm, or corporation aggrieved by an order or act of the department, or its authorized representatives, and to adopt rules of procedure for appeals.

(e) To conduct hearings to determine whether an elevator contractor license or certificate of competency or commission should be suspended or revoked and to make recommendation to the director.

(2) The board, with the advice of the director, shall promulgate rules pursuant to Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 to 24.315 of the Michigan Compiled Laws, to establish the fee schedules for licenses, permits, certificates, and inspections. The fees shall reflect the actual costs and expenses for the department of labor in issuing licenses, permits, certificates, and conducting inspections. The fees currently established by the board shall be in effect until the board promulgates rules to establish the fee schedules.

(3) The business which the elevator safety board may perform shall be conducted at a public meeting of the board held in compliance with Act No. 267 of the Public Acts of 1976, as amended, being sections 15.261 to 15.275 of the Michigan Compiled Laws. Public notice of the time, date, and place of the meeting shall be given in the manner required by Act No. 267 of the Public Acts of 1976, as amended.

History: 1967, Act 227, Eff. Nov. 2, 1967 ;-- Am. 1976, Act 362, Imd. Eff. Dec. 23, 1976 ;-- Am. 1977, Act 191, Imd. Eff. Nov. 17, 1977 ;-- Am. 1980, Act 282, Imd. Eff. Oct. 9, 1980 Compiler's Notes: For transfer of authority, powers, duties, functions, and responsibilities of elevator safety board to department of licensing and regulatory affairs, see E.R.O. No. 2017-1, compiled at MCL 339.3102.Admin Rule: R 408.8101 et seq. of the Michigan Administrative Code.