HOUSE BILL NO. 4919

A bill to amend 2016 PA 407, entitled

"Skilled trades regulation act,"

by amending section 539 (MCL 339.5539).

the people of the state of michigan enact:

Sec. 539. (1) A respondent has 30 days to notify the department in writing that the person accepts the conditions described in a citation or that the person contests does not admit to the violation alleged in the citation. occurred.

(2) If a the respondent accepts the conditions described in a citation under subsection (1), the respondent, within not more than 30 days after receiving the citation, shall sign the citation and return it the citation to the department along with any fine or other material the respondent is required to submit under the terms of the citation. The department shall place the citation and accompanying material in the person's records with the department, and include in those records the nature of the violation and that the person accepted the conditions imposed. A citation issued under this section has the same force and effect as a final order issued by a board and may be disclosed to the public. If Subject to subsections (4) and (5), if the department does not take any additional disciplinary actions against the person within 5 calendar years after the citation is issued, the department shall remove the citation and accompanying material from its the person's records. If requested by the respondent, the department shall place a 1-page explanation prepared by the respondent in the department's files and shall disclose the explanation each time the department discloses the issuance of the citation.

(3) If the respondent does not admit to the violation alleged in a citation, the person may so state that the person does not admit to the violation on the citation and return 1 copy to the department within the not more than 30 days after the respondent receives the citation. If a respondent returns a copy of the citation that includes this statement within the 30-day time period, the citation is considered a formal complaint under section 515 and the administrative process described in that section applies.

(4) Beginning on January 1, 2026, a citation for the failure to complete continuing education and any accompanying materials to that citation are automatically removed from a person's record 4 years after the citation was issued.

(5) Beginning on January 1, 2026, the department shall remove a citation for the failure to complete continuing education and any accompanying materials to that citation from a person's record if the person that received the citation provides proof to the department that the person has completed the continuing education requirements.

(6) A person that has a citation removed from the person's record under subsection (4) or (5) may represent that no citation exists regarding the subject matter of the citation that has been removed.