UNDERSTANDING RULES PROMULGATION IN MICHIGAN
Definition of Terms & Links to Additional Resources
Are you unclear about the Rules Promulgation Process? As the process has continued in Michigan, 911 Training Institute realized that we needed more understanding of the specific steps, agencies, and collaboration involved in moving from initial draft proposals to law. Per our request, the MPSC provided us with a helpful flowchart identifying the sequence of events that must occur en route to draft rules becoming law. The link to this flowchart is offered below. To clarify terms in the flowchart and to provide more background information, we gathered additional facts also presented here. (You may want to review these facts before studying the flowchart.) We hope this information will encourage you to become involved in Michigan's 911 rulemaking process.To view the flow chart of the rules promulgation process provided by MPSC, visit:
http://www.michigan.gov/documents/dleg/Administrative_Rules_Process_singlepagesummary_302623_7.pdf
To help understand this flow chart we clarify acronyms used in (and related to) it, and offer brief descriptions of the agencies represented by those abbreviations (see below).
To learn more about the rules promulgation process in Michigan, see the website below: http://www.michigan.gov/dleg/0,1607,7-154-10576_35738_5694---,00.html
Agency Acronyms and Descriptions
· SOAHR: State Office of Administrative Hearings and Rules: Background:
“In 1995, the Office of Regulatory Reform (ORR) was created through EO 1995-6, later codified in 1999 PA 262, as an agency charged with the duty to "review proposed rules, coordinate the processing of rules by state agencies and work with agencies to streamline the rulemaking process and to improve public access." EO 2000-1 transferred ORR to the Executive Office by a Type I transfer defined in MCL 16.103. EO 2002-11 transferred ORR to the Department of Management and Budget, effective September 1, 2002. EO 2005-1 completed the process of creating a "Central Panel" or central agency to handle administrative hearings and the rule promulgation process.
Michigan has taken steps to make the administrative hearing and rule-making process more "citizen friendly" and accessible. The SOAHR website allows easy access to the rule-making process and provides continuously updated information on the status of current and proposed administrative rules. The site is used by citizens, students, and professionals from around the state and around the globe.
SOAHR publishes the state's three administrative rule periodicals: the Michigan Register, the Michigan Administrative Code and the Annual Administrative Code Supplement. All are available free of charge on the website.
Proud of our past and energized about our future, everyone at SOAHR looks forward to serving you by providing fair hearings and easy access to your government's administrative process.”
SOURCE: http://www.michigan.gov/dleg/0,1607,7-154-10576_35738-15543--,00.html
· LSB: Legislative Services Bureau: The Legislative Service Bureau was formally created in 1941 as a nonpartisan legislative information and service agency. With the adoption of the Michigan Constitution of 1963 the Legislative Council was established and with the passage of sections 4.311 to 4.327 of the Michigan Compiled laws, the Council became the governing body for the Legislative Service Bureau. The Council is charged with maintaining bill drafting, research, and other services in the Bureau for utilization by all members of the Michigan Legislature. The Bureau provides bill drafting through the Legal Division; research functions through the Research Services Division; a variety of printing services from the Legislative Printing Division; and telephone support for the Legislature as well as computer support for the Bureau and Legislative Council agencies through the Information Technologies Division.
Source and for more information: http://council.legislature.mi.gov/lsb.html)
· MPSC: Michigan Public Service Commission (housed with DELEG—See below)
The Michigan Public Service Commission (MPSC) administers policies and regulations including rate setting, to ensure that energy, communications, and transportation services are provided in an efficient, reliable, and safe manner to adequately meet the needs of Michigan residents.
Source and for more information: http://www.michigan.gov/dleg/0,1607,7-154-28077---,00.html
· DELEG: The Michigan Department of Energy, Labor & Economic Growth (DELEG) is composed of.... agencies and commissions to promote job creation and economic growth in Michigan by centralizing and streamlining the state's job development, workforce development, and economic development functions under one department. Source and for more information: http://www.michigan.gov/dleg/0,1607,7-154-28077---,00.html
DEPARTMENT OF ENERGY, LABOR, AND ECONOMIC GROWTH
PUBLIC SERVICE COMMISSION
EMERGENCY 9-1-1 SERVICE
Standards of Training
Filed with the Secretary of State on
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
(By authority conferred on the public service commission by sections 408(4)(c) and 413 of 1986 PA 32 as revised, MCL 484.1408 and 484.1413)
R 484.XX1, R 484.XX2(etc.) are added to the Michigan Administrative Code as follows:
PART 1: GENERAL PROVISIONS
R 484.XXX Applicability.
Rule 1. (1) These rules apply to primary public safety answering points as defined by the Emergency 9-1-1 Service Enabling Act, PA 32 of 1986, as revised.
(2) Compliance with the provisions of this rule shall be no later than December 31, 20XX.
(3) Compliance with the provisions of this rule shall also be for all new and existing telecommunicators of a Michigan primary public safety answering point after the effective date of this rule.
(4) The committee, as defined in the Act, may implement procedures as necessary to carry out these rules.
R 484.XXX Definitions.
Rule 2. As used in these rules:
(a) “Act” means the Emergency 9-1-1 Service Enabling Act, P.A. 32 of 1986, as revised.
(b) “Basic telecommunicator training” means the minimum level of training for 9-1-1 telecommunicators performing 9-1-1 call taking and emergency services dispatching.
(c) “Date of hire” means the start date of work as documented in the
telecommunicator’s personnel record.
(d) “Delinquent telecommunicator” means a telecommunicator trainee that has not completed the requirements in Part 2, Rule 3, 1 and 2, or a designated telecommunicator that has not completed the requirements in Part 2, Rule 3, 3.
(e) “Designated telecommunicator” means any person that has completed the required training within the required time frame.
(f) “Exigent circumstances” means a temporary condition that may arise in a PSAP, with little or no notice, in which the 9-1-1 calls cannot be managed by the telecommunicator(s).
(g) “In-service training” means course work approved by the committee pursuant to the Act.
(h) “Internal training” means training that is specific to a PSAP(s) and may be used toward the continuing education credits for the designated telecommunicator. Internal training is not approved for funding under MCL 484.1408(4)(c).
(i) “Leave of absence” means a period of time that a telecommunicator is absent
from work, during regularly scheduled work time, acceptable and approved by the employing agency.
(j) “Telecommunicator” means all persons answering or processing 9-1-1 calls at a primary PSAP.
(k) “Trainee telecommunicator” means a person hired as a telecommunicator less than 12 months before the effective date of these rules or a person hired after the effective date of these rules who has not yet completed the requirements of Part 2, Rule 3, 1 and 2.
(l) “Undesignated telecommunicator” means a person who has not met the standards of these rules, who is not able to perform dispatch duties except in exigent circumstances, and whose employing agency has been notified by the committee of the designation and corrective measures found in Part 2, Rule 3, 7.
PART 2: TRAINING REQUIREMENTS
R 484.XXX Training Requirements
Rule 3. Basic Telecommunicator Training Requirements
1. Module One for Trainee Telecommunicator
(a) A forty (40) hour basic telecommunicator course with basic requirements:
(1) Completion within 18 months of the rule effective date or completion within 18 months of the date of hire.
(2) Committee approved courses
(3) Comprised of the following subject matter:
a. Overview of public safety – police, fire and emergency medical services
b. Telecommunicator roles and responsibilities
c. Legal aspects of dispatcher services
d. Interpersonal communications
e. Public safety technologies
f. Telephone techniques
g. Call classification
h. Radio communications
i. Stress management
2. Module Two for Trainee Telecommunicator
(a) Forty (40) hours of training
(1) Completion within 24 months of effective date of rules or completion
within 24 months of the date of hire
(2) Committee approved courses
(3) Comprised of 8 hours of each of the following subject matter:
a. Domestic violence
b. Suicide intervention
c. 9-1-1 liability
d. Stress management
e. Homeland security elective
3. Continuing Education for Designated Telecommunicator
(a) Twenty-four (24) hours every 24 months
(b) Maximum of eight hours of the twenty-four hours may be internal training.
(c) All training must be approved by the committee except internal training which must meet recommendations as set forth by the committee.
4. A telecommunicator employed by a primary PSAP for a minimum of 12 months prior to the effective date of these rules are exempt from Part 2, Rule 3, 1. and 2.
5. A designated classification may be maintained should a telecommunicator change employment or, if verified, independent of employment.
6. Continuing education requirements for each 24 month period may be extended due to leave of absence. The employing agency is responsible for communicating leave of absence information to the committee.
7. In the event that a designated telecommunicator fails to complete the training in Part 2, Rule 3, 3. the employing agency will receive non-compliance notification from the committee which may require corrective measures to be completed within 180 days. The notification will also state that the designated telecommunicator is now an undesignated telecommunicator.
PART 3: EXCEPTIONS
R 484.XXX Exceptions
Rule 4. Nothing in these rules precludes a primary PSAP(s) authority to use whatever reasonable resources are available to perform telecommunicator duties in an exigent circumstance.