Michigan Compiled Laws — ASBESTOS ABATEMENT CONTRACTORS LICENSING ACT (Act 135 of 1986)

Short title.

This act shall be known and may be cited as the "asbestos abatement contractors licensing act".

Definitions.

As used in this act: (a) "Administrative procedures act of 1969" means 1969 PA 306, MCL 24.201 to 24.328. (b) "Asbestos" means a group of naturally occurring minerals that separate into fibers, including chrysotile, amosite, crocidolite, anthophyllite, tremolite, and actinolite. (c) "Asbestos abatement contractor" mean…

Asbestos abatement contractors licensing board; created; purpose; appointment, qualifications, and terms of members; vacancies; expenses.

(1) There is created an asbestos abatement contractors licensing board in the department, which shall assist the department in administering and carrying out the provisions of this act. The board shall consist of 7 members to be appointed by the governor with the advice and consent of the senate. (2) Of the 7 members a…

Duties of board; special meetings; quorum; conducting business at public meeting; notice of meeting; availability of documents to public.

(1) The board shall do all of the following: (a) Organize and make rules governing the board's formal and informal procedures. (b) Meet not less than quarterly each year. (c) Keep a record of the proceedings and functions. (2) A special meeting of the board may be called by the chairperson and shall be called upon rece…

Additional duties of board.

The board shall do all of the following: (a) Make recommendations to the department concerning the denial, suspension, or revocation of licenses required pursuant to this act, and other enforcement matters under this act. (b) Upon request by the department, advise the department on the preparation and distribution of i…

Asbestos abatement contractor; license required; exception.

(1) Except as otherwise provided in subsection (2), an asbestos abatement contractor shall not engage in any activity involving the demolition, renovation, or encapsulation of friable asbestos materials without first receiving a license from the department. (2) The licensing requirement of subsection (1) does not apply…

Application for or renewal of license; requirements; fee.

(1) To apply for or renew a license, an asbestos abatement contractor shall do all of the following: (a) Submit a completed application to the department on forms provided by the department. The asbestos abatement contractor shall state on the application whether or not the asbestos abatement contractor has liability i…

(1) Within 15 working days after receiving a license application, the department shall acknowledge receipt of the application and notify the applicant in writing, or make the information electronically available, of any deficiency in the application. Receipt of the application is considered the date the application is…

Terms and conditions of license.

In granting a license, the department may, following review by the director of the department, impose reasonable terms and conditions to ensure continuous compliance with the requirements of this act.

Revocation or suspension of license.

The department may revoke or suspend a license as provided under the administrative procedures act of 1969.

Duration of license; conditions to renewal.

(1) Unless the department revokes or suspends a license, the license shall remain in effect for 1 year from the date of issuance. (2) The department shall renew a license annually if the asbestos abatement contractor satisfies the following conditions: (a) Submits a completed application for a renewal on forms provided…

Responsibility for removal of asbestos.

If the contract does not provide for asbestos abatement, a construction contractor or construction subcontractor who contracts to provide an improvement to real property shall not be responsible to provide for the removal of asbestos discovered in the course of providing the improvement to the property. This section sh…

Asbestos abatement project; notice; fees; asbestos abatement fund; report; emergencies.

(1) An asbestos abatement contractor shall notify the department in writing of all of the following at least 10 days before beginning an asbestos abatement project exceeding 10 linear feet or 15 square feet, or both, of friable asbestos materials: (a) The name and address of the owner of the building or structure. (b)…

Post abatement air monitoring check; maximum level of asbestos fibers.

(1) Except as provided by this subsection, a building or structure owner or lessee shall have a post abatement air monitoring check performed by a qualified neutral party completely independent of the asbestos abatement contractor at all asbestos abatement project sites involving a negative pressure enclosure as specif…

Duties of department.

The department, with the advice of the board, shall do all of the following: (a) Administer this act. (b) Issue licenses. (c) Promulgate rules as may be necessary for the orderly conduct of its affairs in relation to this act and for the administration of this act pursuant to the administrative procedures act of 1969.

Receiving or initiating complaints of alleged violations.

The department shall receive or initiate complaints of alleged violations of this act or rules promulgated under this act and take action with respect to alleged violations or complaints as prescribed by this act.

Investigation; grounds for denying, suspending, or revoking license; applicability.

(1) The department, in its own discretion, upon a recommendation by the board, or upon the written complaint of an aggrieved party or of a state agency or political subdivision, may investigate the acts of an asbestos abatement contractor under this act. After an investigation, the department may deny, suspend, or revo…

Issuance of subpoena by circuit court.

Upon application by the attorney general or a party to a contested case, the circuit court may issue a subpoena requiring a person to appear before a hearings examiner in the contested case or before the department in an investigation and be examined with reference to a matter within the scope of that contested case or…

Monetary civil penalties; issuance, contents, and delivery of citation.

(1) The department, upon recommendation by the board, shall promulgate pursuant to the administrative procedures act of 1969, a schedule of monetary civil penalties of not more than $10,000.00 for each violation or day that the violation continues which may be assessed for a specified violation of this act or a rule pr…

Petition for administrative hearing; notice; attendance of employee representative; affirming, dismissing, or modifying citation; judicial review; finality, payment, and recovery of civil penalty; conduct of administrative hearings.

(1) Not later than 20 days after receipt of a citation issued pursuant to section 307, the alleged violator may petition the department for an administrative hearing which shall be held before the board or the board's designated representative within 30 days after receipt of the petition. The department shall notify th…

Violation as misdemeanor; penalty; prosecution.

Notwithstanding the provisions of sections 307 and 309, any asbestos abatement contractor who engages in the trade or business of asbestos abatement without a license as provided for by this act or any person who violates this act or any rules promulgated under this act and who fails to correct the violation after noti…

Application of other sanctions, penalties, or provisions not precluded.

The application of sanctions under this act shall not preclude the application of other sanctions, penalties, or provisions of any other federal, state, or political subdivision.

Annual report.

The department shall submit to the legislature and the governor an annual report on the status of the licensing of asbestos abatement contractors.

Effective date of licensing provisions.

The licensing provisions of this act shall take effect 3 months after the effective date of this act.

Conditional effective date.

This act shall not take effect unless Senate Bill No. 770 of the 83rd Legislature is enacted into law.