HB-5996, As Passed House, May 23, 2018
May 15, 2018, Introduced by Reps. Alexander and Victory and referred to the Committee on Oversight.
A bill to amend 2001 PA 266, entitled
"Grade A milk law of 2001,"
by amending section 33a (MCL 288.503a), as amended by 2008 PA 136.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 33a. (1) The department shall issue an initial or renewal
license or permit for regulated activities described in sections 31
and 33, other than a grade A dairy farm, a bulk milk
hauler/sampler, or a certified industry farm inspector, not later
than 90 days after the applicant files a completed application.
Receipt of the application is considered the date the application
is
received by any agency or department of the this state. of
Michigan.
(2) If the application is considered incomplete by the
department, the department shall notify the applicant in writing,
or make information electronically available, within 30 days after
receipt of the incomplete application, describing the deficiency
and requesting the additional information. The 90-day period is
tolled upon notification by the department of a deficiency until
the date the requested information is received by the department.
The determination of the completeness of an application does not
operate as an approval of the application for the license or permit
and does not confer eligibility of an applicant determined
otherwise ineligible for issuance of a license or permit.
(3) If the department fails to issue or deny a license or
permit within the time required by this section, the department
shall return the license or permit fee and shall reduce the license
or permit fee for the applicant's next renewal application, if any,
by 15%. The failure to issue or deny a license or permit within the
time required under this section does not allow the department to
otherwise delay the processing of the application, and that
application,
upon completion, shall must
be placed in sequence with
other completed applications received at that same time. The
department shall not discriminate against an applicant in the
processing of the application based upon the fact that the license
or permit fee was refunded or discounted under this subsection.
(4)
Beginning October 1, 2005, the director shall submit a
report
by December 1 of each year to the standing committees and
appropriations
subcommittees of the senate and house of
representatives
concerned with agricultural and food issues. The
director
shall include all of the following information in the
report
concerning the preceding fiscal year:
(a)
The number of initial and renewal applications the
department
received and completed within the 90-day time period
described
in subsection (1).
(b)
The number of applications denied.
(c)
The number of applicants not issued a license or permit
within
the 90-day time period and the amount of money returned to
licensees
and permittees under subsection (3).
(4) (5)
As used in this section,
"completed application" means
an application that is complete on its face and submitted with any
applicable licensing or permit fees and fines as well as any other
information, records, approval, security, or similar item required
by law or rule from a local unit of government, a federal agency,
or a private entity but not from another department or agency of
the
this state. of Michigan. Under appropriate
circumstances,
completed application includes the completion of construction or
renovation of any facility and the passing of a satisfactory
inspection.