Brandon Bunkelman v. Dept of Licensing and Regulatory Affairs

CourtMichigan Court of Appeals
DecidedJune 5, 2026
Docket373540
StatusUnpublished

This text of Brandon Bunkelman v. Dept of Licensing and Regulatory Affairs (Brandon Bunkelman v. Dept of Licensing and Regulatory Affairs) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brandon Bunkelman v. Dept of Licensing and Regulatory Affairs, (Mich. Ct. App. 2026).

Opinion

If this opinion indicates that it is “FOR PUBLICATION,” it is subject to revision until final publication in the Michigan Appeals Reports.

STATE OF MICHIGAN

COURT OF APPEALS

BRANDON BUNKELMAN, UNPUBLISHED June 05, 2026 Plaintiff-Appellant, 1:13 PM

v No. 373540 Livingston Circuit Court DEPARTMENT OF LICENSING AND LC No. 2023-000318-AA REGULATORY AFFAIRS,

Defendant-Appellee.

Before: TREBILCOCK, P.J., and BOONSTRA and LETICA, JJ.

PER CURIAM.

The Department of Licensing and Regulatory Affairs (LARA) denied Brandon Bunkelman’s application for an elevator journeyman’s license based on its conclusion that his long tenure in the elevator industry lacked the statutorily required supervisory experience. After the original circuit-court judge ordered LARA to issue Bunkelman a license restricted to his experience, a different circuit-court judge vacated that order on reconsideration and affirmed LARA’s original decision to deny Bunkelman’s license application. Bunkelman now urges this Court to set aside that order granting reconsideration, raising arguments primarily grounded in statutory interpretation. We affirm.

I. OVERVIEW OF RELEVANT STATUTORY SCHEMES

Two statutory schemes govern elevator-related licensure in Michigan: the elevator licensing act (the ELA), MCL 338.2151 et seq., and the elevator safety board act, MCL 408.801 et seq. The former provides for the licensing of an elevator journeyman—that is, “a person who is qualified and licensed . . . to perform, or to provide supervision in the performance of, the work of installation, alteration, maintenance, repair, servicing, adjusting, inspecting, or testing of elevators.” MCL 338.2151(2). The elevator safety board act, for its part, regulates elevator contractors—i.e., those “engaged in the business of” elevator construction, installation, maintenance, repair, or alteration. MCL 408.803(2) (emphasis added). Although distinct enactments, the ELA incorporates several of the elevator safety board act’s provisions by

-1- reference, including those related to definitions and rule promulgation. MCL 338.2151(1); MCL 338.2153.

Most relevant to this appeal is MCL 338.2156(4), the statute governing licensure for elevator journeymen. Its first sentence provides that “[a]n elevator journeyman’s license shall be issued, after the approval of the [elevator safety] board and after an applicant successfully passes an examination, to an applicant having a minimum of 3 years of continuous employment as a supervisor of elevator construction or service, or as an elevator constructor, serviceman, maintenance man, or repairman.” (Emphasis added.) MCL 338.2156(4) concludes: “The license may be restricted to specific types of work by the director.” Id. See also MCL 338.2151(1) (applicability of definitions); MCL 408.802(2) (defining “[b]oard”).

Procedurally, LARA handles elevator-journeyman-license applications through its Bureau of Construction Codes (the BCC).1 If the BCC denies an application, the applicant may appeal to the elevator safety board (the ESB), MCL 408.808(1)(d); MCL 338.2153; Mich Admin Code, R 408.7023, which in turn makes recommendations to LARA regarding resolution of the appeal and issuance of a final order, MCL 339.3102(II)(A)(2). LARA then has the ultimate authority to either affirm or reverse the BCC’s denial. See MCL 339.3102. A dissatisfied applicant can appeal LARA’s final decision to the circuit court. South Dearborn Environmental Improvement Ass’n, Inc v Dep’t of Environmental Quality, 336 Mich App 490, 498; 971 NW2d 46 (2021); Const 1963, art 6, § 28.

II. FACTUAL BACKGROUND

With this statutory framework in mind, we turn to the largely undisputed facts of this case.

Bunkelman applied for an elevator journeyman’s license on the basis of his supervisory employment history. In his application and accompanying resume, Bunkelman listed 15 years’ of experience within the elevator sales, service, and repair industry, including eight years working in service- and repair-related sales; two years as a district service-sales manager; three years working as a regional director of service and repair; and most recently before his application, just under two years as a district branch manager, in-part overseeing more than 50 licensed elevator journeymen.

1 Both acts define “[d]epartment” and “[d]irector” in relation to the Department of Labor. MCL 338.2151(1); MCL 408.802(2) and (3). And as set forth earlier, MCL 338.2156(4) requires “approval of the board” before issuance of an elevator journeyman’s license. After various executive orders, however, the acts’ administration and rule-promulgation authority—including approval of elevator-journeyman-license applications—now fall within the purview of LARA (and, where relevant, the BCC). See Executive Order No. 1996-2; Executive Order No. 2003-14; Executive Order No. 2011-4; Executive Order No. 2017-3; MCL 339.3102. See also About the Bureau of Construction Codes, Department of Licensing and Regulatory Affairs (accessed April 27, 2026).

-2- The BCC denied Bunkelman’s application because he did “not present sufficient evidence” demonstrating that he had at least three consecutive years as a “supervisor of elevator construction or service” as required by MCL 338.2156(4). More specifically, the BCC determined that his “work experience consist[ed] exclusively within the sales realm of the elevator industry,” which it concluded fell outside the statutorily required experience “consist[ing] of the construction, servicing and maintenance of elevators.” Bunkelman sent the BCC a reconsideration letter further detailing the scope of his relevant work experience, but the BCC still found the statutorily required experience lacking. Additionally, the BCC explained, it consistently interpreted and enforced MCL 338.2156(4) as requiring the person supervising elevator construction or service to hold either an elevator journeyman’s or an elevator contractor license, neither of which Bunkelman had.

Bunkelman appealed the BCC’s denial to the ESB, arguing it hinged on a mischaracterization of his work history and misconstruction of MCL 338.2156(4). He claimed— as he does in this Court—that the statute mandated issuance of a license to applicants having at least “three years of continuous employment as either (1) a ‘supervisor o[f] elevator construction or service’ or (2) as an elevator constructor, serviceman, maintenance man, or repairman.” (Emphasis added.) Bunkelman further noted that the statute allowed for restricting an applicant’s license to specific types of work, and nothing prevented issuance of “a journeyman elevator license in the supervision of elevator construction and services.”

The ESB considered Bunkelman’s appeal at an open meeting. See MCL 408.808(3); MCL 338.2153. Though there is no transcript, the meeting minutes indicate the ESB “posed numerous questions” to Bunkelman “regarding his work experience and license application and considered his responses.” Ultimately, the ESB recommended LARA deny Bunkelman’s appeal because he “failed to demonstrate direct supervision of apprentices or mechanics on a day-to-day basis.” Upon review of the record and consideration of the ESB’s recommendation, LARA affirmed the BCC’s previous denial of his application “due to a lack of experience as required by MCL 338.2156.”

Bunkelman then filed an appeal in the circuit court, claiming LARA erred as a matter of law by denying his application and subsequent appeal on the basis of its misconstruction of the statutory requirements. The case was initially assigned to Judge Michael P. Hatty, who concluded LARA’s denial of Bunkelman’s application was contrary to the plain language of MCL 338.2156(4).

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Bluebook (online)
Brandon Bunkelman v. Dept of Licensing and Regulatory Affairs, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brandon-bunkelman-v-dept-of-licensing-and-regulatory-affairs-michctapp-2026.