reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 99 of 1972 - Investigating Authority of Department of Licensing and Regulation (338.21 - 338.22) › Section 338.22 - Investigation and Determination of Complaints.

338.22 Investigation and determination of complaints.
Sec. 2.
(1) The director shall investigate all complaints of alleged violations against or by persons licensed by any board or agency of the department, if the board or agency fails to initiate an investigation within 60 days after the filing of a complaint.
(2) The director shall forward complaints investigated under this section to the board or agency of the department concerned and shall inform the board or agency concerned of all investigations conducted by the director under this section.
(3) Final determination of all complaints shall be forwarded to the director by each board or agency accompanied by a roll call vote of the board or agency.
History:
1972, Act 99, Imd. Eff. Mar. 29, 1972
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 297 of 1965 - Sale of Medical or Dental Practice (338.31 - 338.32) › Section 338.31 - Sale or Conveyance of Medical or Dental Practice; Notice to State Board.

338.31 Sale or conveyance of medical or dental practice; notice to state board.
Sec. 1.
Any person who sells, purchases or assumes the practice of any person licensed to practice medicine or dentistry in this state from the individual or his estate shall notify, within 10 days of sale, purchase or assumption, the state board which licensed or registered the practitioner, of the sale, purchase or assumption.
History:
1965, Act 297, Eff. Mar. 31, 1966
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 297 of 1965 - Sale of Medical or Dental Practice (338.31 - 338.32) › Section 338.32 - Violation of Act; Misdemeanor.

338.32 Violation of act; misdemeanor.
Sec. 2.
Any person violating any provisions of this act shall be deemed to be guilty of a misdemeanor.
History:
1965, Act 297, Eff. Mar. 31, 1966
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 381 of 1974 - Occupational License for Former Offenders (338.41 - 338.47) › Section 338.41 - Definitions.

338.41 Definitions.
Sec. 1.
(1) The phrase "good moral character", when used as a requirement for an occupational or professional license or when used as a requirement to establish or operate an organization or facility regulated by this state in a statute of this state or administrative rules promulgated under a statute of this state, means the propensity on the part of an individual to serve the public in the licensed area in a fair, honest, and open manner.
(2) As used in this act:
(a) "Felony" means a violation of a penal law of this state for which the offender may be punished by imprisonment for more than 1 year or an offense expressly designated by law as a felony.
(b) "License" includes a registration.
(c) "Licensing board or agency" means a principal department, or a board or agency within a principal department, that issues occupational or professional licenses.
(d) "Principal department" means a department that has jurisdiction over a licensing board or agency.
History:
1974, Act 381, Eff. Apr. 1, 1975 ;-- Am. 1978, Act 294, Imd. Eff. July 10, 1978 ;-- Am. 2020, Act 368, Eff. Apr. 4, 2021
Compiler's Notes:
For transfer of powers and duties of adult foster care licensing from the department of social services to the director of the department of commerce, see E.R.O. No. 1996-1, compiled at MCL 330.3101 of the Michigan Compiled Laws.For transfer of powers and duties of the bureau of family services from the department of consumer and industry services to the family independence agency by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties pertaining to adult foster care, adult foster care facility, adult foster care camp, adult camp, adult foster care family home, and adult foster care group home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 381 of 1974 - Occupational License for Former Offenders (338.41 - 338.47) › Section 338.44 - Use of Public Records or Other Sources to Determine Person's Fitness.

338.44 Use of public records or other sources to determine person's fitness.
Sec. 4.
This act does not prohibit the use by a licensing board or agency in its determination of an individual's good moral character of any other public record that is not related to his or her arrest, prosecution, or conviction or the use of any other source of unbiased and accurate information.
History:
1974, Act 381, Eff. Apr. 1, 1975 ;-- Am. 1978, Act 294, Imd. Eff. July 10, 1978 ;-- Am. 2020, Act 368, Eff. Apr. 4, 2021
Compiler's Notes:
For transfer of powers and duties of the bureau of family services from the department of consumer and industry services to the family independence agency by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties pertaining to adult foster care, adult foster care facility, adult foster care camp, adult camp, adult foster care family home, and adult foster care group home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 381 of 1974 - Occupational License for Former Offenders (338.41 - 338.47) › Section 338.45 - Finding Person Ineligible; Statement; Rehearing.

338.45 Finding person ineligible; statement; rehearing.
Sec. 5.
If a licensing board or agency determines that an individual is not eligible for a license because of a lack of good moral character, the licensing board or agency shall provide the individual with a statement to this effect. The statement shall contain a complete record of the evidence on which the determination was based. A licensing board or agency must provide an individual described in this section an opportunity for a rehearing on the issue before the licensing board or agency if he or she has relevant evidence regarding his or her qualifications that was not previously considered.
History:
1974, Act 381, Eff. Apr. 1, 1975 ;-- Am. 1978, Act 294, Imd. Eff. July 10, 1978 ;-- Am. 2020, Act 368, Eff. Apr. 4, 2021
Compiler's Notes:
For transfer of powers and duties of the bureau of family services from the department of consumer and industry services to the family independence agency by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties pertaining to adult foster care, adult foster care facility, adult foster care camp, adult camp, adult foster care family home, and adult foster care group home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 381 of 1974 - Occupational License for Former Offenders (338.41 - 338.47) › Section 338.46 - Judicial Review; Statement; Order.

338.46 Judicial review; statement; order.
Sec. 6.
An individual who is aggrieved by a licensing board or agency regarding his or her good moral character, if unsatisfied by his or her administrative remedy under section 5, may bring an action in circuit court for a review of the record. If, in the opinion of the circuit court, the record does not disclose a lack of good moral character, as determined under this act, the court shall order the licensing board or agency to issue the license when the individual meets all other licensing requirements.
History:
1974, Act 381, Eff. Apr. 1, 1975 ;-- Am. 1978, Act 294, Imd. Eff. July 10, 1978 ;-- Am. 2020, Act 368, Eff. Apr. 4, 2021
Compiler's Notes:
For transfer of powers and duties of the bureau of family services from the department of consumer and industry services to the family independence agency by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties pertaining to adult foster care, adult foster care facility, adult foster care camp, adult camp, adult foster care family home, and adult foster care group home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 381 of 1974 - Occupational License for Former Offenders (338.41 - 338.47) › Section 338.47 - Power to Discipline Licensees Not Affected.

338.47 Power to discipline licensees not affected.
Sec. 7.
This act does not affect the power of a licensing board or agency to discipline licensees under its jurisdiction for prohibited acts of professional misconduct or dishonesty.
History:
1974, Act 381, Eff. Apr. 1, 1975 ;-- Am. 2020, Act 368, Eff. Apr. 4, 2021
Compiler's Notes:
For transfer of powers and duties of the bureau of family services from the department of consumer and industry services to the family independence agency by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties pertaining to adult foster care, adult foster care facility, adult foster care camp, adult camp, adult foster care family home, and adult foster care group home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Repealed - Act 237 of 1899 - Physicians and Surgeons (338.51 - 338.60)

PHYSICIANS AND SURGEONS
Act 237 of 1899
338.51-338.60 Repealed. 1959, Act 142, Imd. Eff. July 15, 1959;—1973, Act 185, Imd. Eff. Jan. 8, 1974.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Repealed - Act 56 of 1905 - Examination of Medical Students (338.71 - 338.72)

EXAMINATION OF MEDICAL STUDENTS
Act 56 of 1905
338.71,338.72 Repealed. 1978, Act 368, Eff. Sept. 30, 1978.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 255 of 1968 - State Medical Personnel (338.91 - 338.91) › Section 338.91 - Medical Personnel; Appointment to Public Positions, Qualifications.

338.91 Medical personnel; appointment to public positions, qualifications.
Sec. 1.
For the purpose of appointment to governmental positions or serving on state, county, city, township or other public agencies, departments or subsidiaries thereof wherever the laws of the state require the services of or the qualifications of a licensed medical doctor, either a licensed medical physician or a licensed osteopathic physician shall be entitled to equal consideration for such services in all cases except serving on the licensing boards thereof.
History:
1968, Act 255, Imd. Eff. July 1, 1968
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Repealed - Act 162 of 1903 - Osteopathy (338.101 - 338.121)

OSTEOPATHY
Act 162 of 1903
338.101-338.121 Repealed. 1974, Act 213, Imd. Eff. July 19, 1974;—1978, Act 368, Eff. Sept. 30, 1978.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Repealed - Act 145 of 1933 - Chiropractic (338.151 - 338.159)

CHIROPRACTIC
Act 145 of 1933
338.151-338.159 Repealed. 1974, Act 207, Imd. Eff. July 11, 1974;—1978, Act 368, Eff. Sept. 30, 1978.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Repealed - Act 122 of 1939 - Dentistry (338.201 - 338.221)

DENTISTRY
Act 122 of 1939
338.201-338.221 Repealed. 1978, Act 368, Eff. Sept. 30, 1978;—1980, Act 299, Imd. Eff. Oct. 21, 1980.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Repealed - Act 115 of 1915 - Podiatry (338.301 - 338.308a)

PODIATRY
Act 115 of 1915
338.301-338.308a Repealed. 1974, Act 148, Imd. Eff. June 12, 1974;—1978, Act 368, Eff. Sept. 30, 1978.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Repealed - Act 164 of 1965 - Physical Therapy (338.321 - 338.338)

PHYSICAL THERAPY
Act 164 of 1965
338.321-338.338 Repealed. 1976, Act 96, Imd. Eff. Apr. 27, 1976;—1978, Act 368, Eff. Sept. 30, 1978.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Repealed - Act 319 of 1909 - Nurses and Trained Attendants (338.351 - 338.362)

NURSES AND TRAINED ATTENDANTS
Act 319 of 1909
338.351-338.362 Repealed. 1958, Act 36, Imd. Eff. Apr. 7, 1958;—1967, Act 149, Eff. Nov. 2, 1967.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Repealed - Act 312 of 1972 - Physician Assistants (338.371 - 338.379)

PHYSICIAN ASSISTANTS
Act 312 of 1972
338.371-338.379 Expired. 1972, Act 312, Eff. Jan. 2, 1977.
Compiler's Notes:
The expired sections were subsequently repealed by Act 420 of 1976.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Repealed - Act 134 of 1885 - Pharmacy (338.401 - 338.434)

PHARMACY
Act 134 of 1885
338.401-338.434 Repealed. 1953, Act 138, Eff. Oct. 2, 1953;—1955, Act 198, Imd. Eff. June 17, 1955;—1962, Act 151, Eff. Mar. 28, 1963.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 359 of 1927 - Pharmacies, Drug Stores, and Apothecary Shops (338.481 - 338.482) › Section 338.481 - Ownership of Pharmacy, Drugstore, or Apothecary Shop; Requirements; Exceptions.

338.481 Ownership of pharmacy, drugstore, or apothecary shop; requirements; exceptions.
Sec. 1.
(1) A pharmacy, drugstore, or apothecary shop shall be owned by a pharmacist and a partnership or corporation shall not own a drugstore, pharmacy, or apothecary shop unless at least 25% of the interest in the partnership or the stock of the corporation is held by pharmacists. A corporation, organized and existing under the laws of this state, or another state, authorized to do business in this state and empowered by its charter to own and conduct a pharmacy, drugstore, or apothecary shop and which, at the time of passage of this act, owns and conducts a drugstore, pharmacy, or apothecary shop in this state may continue to own and conduct the drugstore, pharmacy, or apothecary shop and may establish and own additional pharmacies, drugstores, or apothecary shops pursuant to this act.
(2) A corporation which does not continue to own at least 1 pharmacy, drugstore, or apothecary shop theretofore owned by it, or ceases to be actively engaged in the practice of pharmacy in this state, shall not be permitted thereafter to own a drugstore, pharmacy, or apothecary shop.
(3) A person who is not a pharmacist and who at the time of the passage of this act owns a pharmacy, drugstore, or apothecary shop in this state, may continue to own and conduct the pharmacy, drugstore, or apothecary shop pursuant to existing laws and rules.
(4) The administrator, executor, or trustee of the estate of a deceased owner of a pharmacy, drugstore, or apothecary shop, or the widow, heirs, or next of kin of the deceased owner, may continue to own and conduct the pharmacy, drugstore, or apothecary shop pursuant to existing laws and rules.
(5) This act shall not apply to hospitals licensed by the department of public health pursuant to Act No. 368 of the Public Acts of 1978, as amended, being sections 333.1101 to 333.25211 of the Michigan Compiled Laws.
(6) This act shall not apply to a health maintenance organization licensed by the department of public health pursuant to Act No. 368 of the Public Acts of 1978, as amended.
(7) This act shall not apply to a pharmacy in an institution of higher education established by law having authority to grant a baccalaureate degree if the pharmacy is under the personal charge of a pharmacist.
History:
1927, Act 359, Eff. Sept. 5, 1927 ;-- CL 1929, 6861 ;-- CL 1948, 338.481 ;-- Am. 1977, Act 62, Imd. Eff. July 13, 1977 ;-- Am. 1980, Act 99, Imd. Eff. Apr. 17, 1980
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 359 of 1927 - Pharmacies, Drug Stores, and Apothecary Shops (338.481 - 338.482) › Section 338.482 - Violation of Act; Penalty.

338.482 Violation of act; penalty.
Sec. 2.
Any individual, firm or corporation violating the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction shall be subject to a fine of not less than 500 dollars and cost of prosecution.
History:
1927, Act 359, Eff. Sept. 5, 1927 ;-- CL 1929, 6862 ;-- CL 1948, 338.482
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Repealed - Act 353 of 1925 - Accountants (338.501 - 338.528)

ACCOUNTANTS
Act 353 of 1925
338.501-338.528 Repealed. 1967, Act 306, Eff. Nov. 2, 1967;—1976, Act 130, Eff. July 1, 1976.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Repealed - Act 240 of 1937 - Architecture, Professional Engineering, and Land Surveying (338.551 - 338.576)

ARCHITECTURE, PROFESSIONAL ENGINEERING, AND LAND SURVEYING
Act 240 of 1937
338.551-338.576 Repealed. 1980, Act 299, Imd. Eff. Oct. 21, 1980.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Repealed - Act 314 of 1941 - Section, Quarter Section, and Center Section Corners (338.591 - 338.595)

SECTION, QUARTER SECTION, AND CENTER SECTION CORNERS
Act 314 of 1941
338.591-338.595 Repealed. 1975, Act 313, Eff. Mar. 31, 1976.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Repealed - Act 382 of 1927 - Barbers and Haircutters (338.601 - 338.625)

BARBERS AND HAIRCUTTERS
Act 382 of 1927
338.601-338.625 Repealed. 1968, Act 355, Eff. July 1, 1969.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Repealed - Act 309 of 1941 - Barber Shop Practices, Operation, and Prices (338.651 - 338.662)

BARBER SHOP PRACTICES, OPERATION, AND PRICES
Act 309 of 1941
338.651-338.662 Repealed. 1997, Act 128, Imd. Eff. Nov. 5, 1997.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Repealed - Act 148 of 1893 - Sunday Closing of Barber Shops (338.681 - 338.683)

SUNDAY CLOSING OF BARBER SHOPS
Act 148 of 1893
338.681-338.683 Repealed. 1996, Act 148, Imd. Eff. Mar. 25, 1996.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Repealed - Act 311 of 1939 - Residential Buildings (338.701 - 338.720)

RESIDENTIAL BUILDINGS
Act 311 of 1939
338.701-338.720 Repealed. 1965, Act 383, Imd. Eff. Aug. 18, 1965;—1966, Act 12, Eff. Sept. 1, 1966.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Repealed - Act 176 of 1931 - Act Concerning Cosmetology (338.751 - 338.786)

ACT CONCERNING COSMETOLOGY
Act 176 of 1931
338.751-338.786 Repealed. 1976, Act 350, Imd. Eff. Dec. 21, 1976;—1980, Act 299, Imd. Eff. Oct. 21, 1980.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Repealed - Act 383 of 1927 - Private Detective Agencies (338.801 - 338.813)

PRIVATE DETECTIVE AGENCIES
Act 383 of 1927
338.801-338.813 Repealed. 1965, Act 285, Imd. Eff. July 22, 1965.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 285 of 1965 - Professional Investigator Licensure Act (338.821 - 338.851) › Section 338.821 - Short Title.

338.821 Short title.
Sec. 1.
This act shall be known and may be cited as the "professional investigator licensure act".
History:
1965, Act 285, Imd. Eff. July 22, 1965 ;-- Am. 2002, Act 474, Eff. Oct. 1, 2002 ;-- Am. 2008, Act 146, Imd. Eff. May 28, 2008
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 285 of 1965 - Professional Investigator Licensure Act (338.821 - 338.851) › Section 338.825 - License; Issuance, Duration.

338.825 License; issuance, duration.
Sec. 5.
(1) The department, upon application and after making a determination that the applicant is qualified, shall issue the applicant a license to conduct business as a professional investigator for a period of 3 years from date of issuance.
(2) Upon the issuance of a license under this act to conduct business as a professional investigator, the applicant is not required to obtain any other license from any municipality or political subdivision of this state.
History:
1965, Act 285, Imd. Eff. July 22, 1965 ;-- Am. 2002, Act 474, Eff. Oct. 1, 2002 ;-- Am. 2008, Act 146, Imd. Eff. May 28, 2008
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 285 of 1965 - Professional Investigator Licensure Act (338.821 - 338.851) › Section 338.827 - Application for License; Notarized Statement as to Qualifications; Investigation of Applicant.

338.827 Application for license; notarized statement as to qualifications; investigation of applicant.
Sec. 7.
(1) The department shall prepare a standard uniform application. The applicant shall obtain notarized reference statements from at least 5 reputable citizens who swear that they have known the applicant and his or her qualifications for a period of at least 5 years and believe that the applicant is honest, of good character, and competent. The individual providing the reference shall not be related or connected to the person so certifying by blood or marriage.
(2) Upon receipt of the application, application processing fee, and license fee as described in section 9, the department shall investigate as to the applicant's qualifications for licensure.
History:
1965, Act 285, Imd. Eff. July 22, 1965 ;-- Am. 2002, Act 474, Eff. Oct. 1, 2002 ;-- Am. 2008, Act 146, Imd. Eff. May 28, 2008
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 285 of 1965 - Professional Investigator Licensure Act (338.821 - 338.851) › Section 338.828 - Application for License by Corporation; Contents; Copy of Incorporation Certificate.

338.828 Application for license by corporation; contents; copy of incorporation certificate.
Sec. 8.
If the applicant is a corporation, the application shall be signed and verified by the president, secretary and treasurer thereof, and shall specify the name of the corporation, the date and place of its incorporation, the location of its principal place of business, and the name of the city, town or village, stating the street and number, and such other description as will indicate the location of the bureau, agency, subagency, office or branch office for which the license is desired, and shall be accompanied by a duly certified copy of a certificate of incorporation.
History:
1965, Act 285, Imd. Eff. July 22, 1965 ;-- Am. 2008, Act 146, Imd. Eff. May 28, 2008
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 285 of 1965 - Professional Investigator Licensure Act (338.821 - 338.851) › Section 338.830 - License; Suspension or Revocation; Grounds; Additional Sanctions; Surrendering License and Identification Card; Noncompliance as Misdemeanor.

338.830 License; suspension or revocation; grounds; additional sanctions; surrendering license and identification card; noncompliance as misdemeanor.
Sec. 10.
(1) The department may suspend or revoke a license issued under this act if the department determines that the licensee or licensee's manager, if an individual, or if the licensee is a person other than an individual, that an officer, director, partner, or its manager, has done any of the following:
(a) Made false statements or given false information in connection with an application for a license or a renewal or reinstatement of a license.
(b) Violated this act or any rule promulgated under this act.
(c) Been convicted of a felony or misdemeanor involving dishonesty or fraud, unauthorized divulging or selling of information or evidence.
(d) Been convicted of impersonation of a law enforcement officer or employee of the United States or a state, or a political subdivision of the United States or a state.
(e) Been convicted of illegally using, carrying, or possessing a dangerous weapon.
(f) In the case of a law enforcement officer issued a license under the conditions contained in section 6(3), violated the policies and procedures governing off-duty employment.
(2) In addition to the suspension or revocation provisions available to the department under subsection (1), the department may do 1 or more of the following regarding a licensee or a licensee's manager, if an individual, or if the licensee is a person other than an individual, an officer, director, partner, member, or its manager, who violates this act or a rule or order promulgated or issued under this act:
(a) Place a limitation on a license.
(b) Deny a renewal of a license.
(c) Issue an order of censure.
(d) Issue an order of probation.
(e) Impose a requirement that restitution be made.
(3) Upon notification from the department of the suspension or revocation of the license, the licensee, within 24 hours, shall surrender to the department the license and his or her identification card. Failure to surrender the license in compliance with this subsection is a misdemeanor.
History:
1965, Act 285, Imd. Eff. July 22, 1965 ;-- Am. 1978, Act 311, Imd. Eff. July 10, 1978 ;-- Am. 2002, Act 474, Eff. Oct. 1, 2002 ;-- Am. 2008, Act 146, Imd. Eff. May 28, 2008
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 285 of 1965 - Professional Investigator Licensure Act (338.821 - 338.851) › Section 338.831 - License Fee; Refund; Conditions.

338.831 License fee; refund; conditions.
Sec. 11.
The department shall not refund a license fee unless a showing is made of mistake, inadvertence, error in the collection of the fee, or noncompliance with the time periods described in section 9(4).
History:
1965, Act 285, Imd. Eff. July 22, 1965 ;-- Am. 2002, Act 474, Eff. Oct. 1, 2002 ;-- Am. 2004, Act 260, Imd. Eff. July 23, 2004
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 285 of 1965 - Professional Investigator Licensure Act (338.821 - 338.851) › Section 338.832 - License; Posting.

338.832 License; posting.
Sec. 12.
Upon receipt of a license from the department, the licensee shall post it in a conspicuous place in his or her office.
History:
1965, Act 285, Imd. Eff. July 22, 1965 ;-- Am. 2002, Act 474, Eff. Oct. 1, 2002
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 285 of 1965 - Professional Investigator Licensure Act (338.821 - 338.851) › Section 338.833 - Reporting Name or Location Change in Agency; New License.

338.833 Reporting name or location change in agency; new license.
Sec. 13.
Any change in the name or location of the agency or of a branch office or subagency shall be reported to the department at least 30 days before the change becomes effective. Upon receipt of the notice of change of name or location, the department shall prepare and forward a license showing the change and the licensee shall return the old license within 3 business days after the change.
History:
1965, Act 285, Imd. Eff. July 22, 1965 ;-- Am. 2002, Act 474, Eff. Oct. 1, 2002
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 285 of 1965 - Professional Investigator Licensure Act (338.821 - 338.851) › Section 338.834 - Identification Card; Issuance; Form and Contents; Maintenance, Custody, and Control; Duplicates.

338.834 Identification card; issuance; form and contents; maintenance, custody, and control; duplicates.
Sec. 14.
(1) Upon issuing a license, the department shall also issue an identification card to the principal license holder or, if the agency is a partnership, to each partner or, if the license holder is a corporation or limited liability company, to each resident officer, manager, or member.
(2) The identification card issued under subsection (1) shall be in such form and contain such information as may be prescribed by the department and is recallable by the department for the same reasons as the license.
(3) The department shall only issue 1 identification card for each person entitled to receive it. The licensee is responsible for the maintenance, custody, and control of the identification card and shall not lease, loan, sell, or otherwise permit unauthorized persons or employees to use it. This subsection does not prevent each agency from issuing its own identification cards, if approved as to form and content by the department, to its respective employees. The individual identification card shall not bear the seal of the state or the designation of professional investigator, but the identification card may designate the employee as an investigator or operator and may state that the person is employed by a licensee of the department and the state of Michigan.
(4) Upon proper application and for sufficient reasons shown, the department may issue duplicates of the original license or identification card.
History:
1965, Act 285, Imd. Eff. July 22, 1965 ;-- Am. 2002, Act 474, Eff. Oct. 1, 2002 ;-- Am. 2008, Act 146, Imd. Eff. May 28, 2008
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 285 of 1965 - Professional Investigator Licensure Act (338.821 - 338.851) › Section 338.835 - Nonassignability of License.

338.835 Nonassignability of license.
Sec. 15.
A license issued under the provisions of this act is not assignable, and is personal to such licensee.
History:
1965, Act 285, Imd. Eff. July 22, 1965
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 285 of 1965 - Professional Investigator Licensure Act (338.821 - 338.851) › Section 338.836 - Display of Unauthorized Badge, Shield, Identification Card, or License; Violation; Penalties.

338.836 Display of unauthorized badge, shield, identification card, or license; violation; penalties.
Sec. 16.
(1) A person shall not possess or display a badge or shield that purports to indicate that the holder is a private detective, private investigator, or professional investigator.
(2) A licensee may request authorization to provide employee identification cards only upon the express authorization of the department as to format and content.
(3) A person shall not display any badge, shield, identification card, or license that might mislead the public into thinking that the holder is a licensed professional investigator.
(4) A person who violates this section is guilty of a misdemeanor and any unauthorized badge, shield, identification card, or license shall be confiscated by any law enforcement officer of the state. Each day the violation continues shall constitute a separate offense.
History:
1965, Act 285, Imd. Eff. July 22, 1965 ;-- Am. 2002, Act 474, Eff. Oct. 1, 2002 ;-- Am. 2008, Act 146, Imd. Eff. May 28, 2008
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 285 of 1965 - Professional Investigator Licensure Act (338.821 - 338.851) › Section 338.837 - Licensees; Employment of Assistants; Records; False Statements; Fingerprints.

338.837 Licensees; employment of assistants; records; false statements; fingerprints.
Sec. 17.
(1) A licensee may employ as many persons as considered necessary to assist in his or her work of professional investigator and in the conduct of the business. At all times during the employment, the licensee shall have direct involvement in the day-to-day activities and is accountable for the good conduct in the business of each person so employed.
(2) A licensee shall keep adequate and complete records of all persons he or she employs, which records shall be made available to the department upon request and to police authorities if the police authorities offer legitimate proof for the request in connection with a specific need.
(3) If a licensee falsely states or represents that a person is or has been in his or her employ, the false statement or representation shall be sufficient cause for the suspension or revocation of the license. Any person falsely stating or representing that he or she is or has been a professional investigator or employed by a professional investigator agency is guilty of a misdemeanor.
(4) A licensee shall not knowingly employ any person who does not meet the requirements of this act.
(5) The licensee shall cause fingerprints to be taken of all prospective employees, which fingerprints shall be submitted to the department and the federal bureau of investigation for processing and approval.
(6) The fingerprints required to be taken under subsection (5) may be taken by a law enforcement agency or any other person determined by the department to be qualified to take fingerprints. The licensee shall submit a fingerprint processing fee to the department in accordance with section 3 of 1935 PA 120, MCL 28.273, as well as any costs imposed by the federal bureau of investigation.
History:
1965, Act 285, Imd. Eff. July 22, 1965 ;-- Am. 1967, Act 164, Eff. Nov. 2, 1967 ;-- Am. 2002, Act 474, Eff. Oct. 1, 2002 ;-- Am. 2008, Act 146, Imd. Eff. May 28, 2008
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 285 of 1965 - Professional Investigator Licensure Act (338.821 - 338.851) › Section 338.838 - Hiring of Person Convicted of Certain Felonies or Misdemeanors Prohibited; Refusal to Surrender License or Identification Card.

338.838 Hiring of person convicted of certain felonies or misdemeanors prohibited; refusal to surrender license or identification card.
Sec. 18.
(1) A licensee shall not knowingly employ any person who has been convicted of a felony, or convicted of a misdemeanor within the preceding 8 years involving any of the following:
(a) Dishonesty or fraud.
(b) Unauthorized divulging or selling of information or evidence.
(c) Impersonation of a law enforcement officer or employee of the United States, this state, or a political subdivision of this state.
(d) Illegally using, carrying, or possessing a dangerous weapon.
(e) Two or more alcohol related offenses.
(f) Controlled substances under the public health code, 1978 PA 368, MCL 333.1101 to 333.25211.
(g) An assault.
(2) Any employee or operator who, upon demand, fails to surrender to the licensee his or her identification card and any other property issued to him or her for use in connection with his or her employer's business is guilty of a misdemeanor.
History:
1965, Act 285, Imd. Eff. July 22, 1965 ;-- Am. 2002, Act 474, Eff. Oct. 1, 2002
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 285 of 1965 - Professional Investigator Licensure Act (338.821 - 338.851) › Section 338.839 - Carrying Deadly Weapon; License Required.

338.839 Carrying deadly weapon; license required.
Sec. 19.
Any person licensed as a professional investigator, or in the employ of a professional investigator agency, is not authorized to carry a deadly weapon unless he is so licensed in accordance with the present laws of this state.
History:
1965, Act 285, Imd. Eff. July 22, 1965 ;-- Am. 2008, Act 146, Imd. Eff. May 28, 2008
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 285 of 1965 - Professional Investigator Licensure Act (338.821 - 338.851) › Section 338.840 - Divulging of Information; Willful Sale of or Furnishing False Information; Penalty; Privileged Communications; Notice and Hearing.

338.840 Divulging of information; willful sale of or furnishing false information; penalty; privileged communications; notice and hearing.
Sec. 20.
(1) Any person who is or has been an employee of a licensee shall not divulge to anyone other than his or her employer or former employer, or as the employer shall direct, except as he or she may be required by law, any information acquired by him or her during his or her employment in respect to any of the work to which he or she shall have been assigned by the employer. Any employee violating the provisions of this section and any employee who willfully makes a false report to his or her employer in respect to any work is guilty of a misdemeanor.
(2) Any principal, manager, or employee of a licensee who willfully furnishes false information to clients, or who willfully sells, divulges, or otherwise discloses to other than clients, except as may be required by law, any information acquired during employment by the client is guilty of a misdemeanor and is subject to summary suspension of license and revocation of license upon satisfactory proof of the offense to the department. Any communications, oral or written, furnished by a professional or client to a licensee, or any information secured in connection with an assignment for a client, is considered privileged with the same authority and dignity as are other privileged communications recognized by the courts of this state.
(3) Suspension, revocation, denial, or other action against a licensee or applicant for a license as described in section 10 shall be accompanied by notice and an opportunity for a hearing under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
History:
1965, Act 285, Imd. Eff. July 22, 1965 ;-- Am. 2002, Act 474, Eff. Oct. 1, 2002 ;-- Am. 2008, Act 146, Imd. Eff. May 28, 2008
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 285 of 1965 - Professional Investigator Licensure Act (338.821 - 338.851) › Section 338.841 - Violation of Act; Report of Conviction by Prosecuting Attorney.

338.841 Violation of act; report of conviction by prosecuting attorney.
Sec. 21.
The prosecuting attorney of the county in which any conviction for a violation of any provision of this act shall, within 10 days thereafter, make and file with the department a report showing the date of the conviction, the name of the person convicted, and the nature of the charge.
History:
1965, Act 285, Imd. Eff. July 22, 1965 ;-- Am. 2002, Act 474, Eff. Oct. 1, 2002
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 285 of 1965 - Professional Investigator Licensure Act (338.821 - 338.851) › Section 338.842 - Advertising; Contents; Discontinuing Misleading Advertising; Notice.

338.842 Advertising; contents; discontinuing misleading advertising; notice.
Sec. 22.
(1) An advertisement by a licensee soliciting or advertising for business shall contain his or her name and address as they appear in the records of the department.
(2) A licensee shall, on notice from the department, discontinue any advertising or the use of any advertisement, seal, or card, that the department determines to be misleading to the public. Failure to comply with such an order is cause for suspension or revocation of the license.
(3) Unless licensed under this act, a person shall not advertise his or her business to be that of a professional investigator regardless of the name or title actually used.
History:
1965, Act 285, Imd. Eff. July 22, 1965 ;-- Am. 2002, Act 474, Eff. Oct. 1, 2002 ;-- Am. 2008, Act 146, Imd. Eff. May 28, 2008
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 285 of 1965 - Professional Investigator Licensure Act (338.821 - 338.851) › Section 338.843 - Trade Names; Approval by Department.

338.843 Trade names; approval by department.
Sec. 23.
A licensee shall not use any designation or trade name which has not been first approved by the department and shall not use any designation or trade name that implies any association with any municipal, county, township, or state government or the federal government, or any agency thereof.
History:
1965, Act 285, Imd. Eff. July 22, 1965 ;-- Am. 2002, Act 474, Eff. Oct. 1, 2002
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 285 of 1965 - Professional Investigator Licensure Act (338.821 - 338.851) › Section 338.844 - Record of Business Transaction and Reports; Retention.

338.844 Record of business transaction and reports; retention.
Sec. 24.
(1) Each person, partnership, firm, company, limited liability company, or corporation licensed and operating under this act shall make a complete written record of the business transactions and reports made in connection with the operation of the agency.
(2) A professional investigator agency that receives or generates a written or electronic report shall keep the report on file in the office of the professional investigator for at least 2 years unless the file is returned to the client or agent.
History:
1965, Act 285, Imd. Eff. July 22, 1965 ;-- Am. 2002, Act 474, Eff. Oct. 1, 2002 ;-- Am. 2008, Act 146, Imd. Eff. May 28, 2008
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 285 of 1965 - Professional Investigator Licensure Act (338.821 - 338.851) › Section 338.845 - Investigation of Applicants; Complaints; Subpoenas; Fees; Failure to Obey; Penalty; Testimony Under Oath.

338.845 Investigation of applicants; complaints; subpoenas; fees; failure to obey; penalty; testimony under oath.
Sec. 25.
(1) For the purpose of investigating the character, competency, and integrity of the applicants, or for the purpose of investigating complaints made against the licensee, the director of the department may issue subpoenas and compel the attendance of witnesses. All subpoenas shall be issued under the hand of the director of the department and upon service the witness shall be tendered the fees to which he or she would be entitled to receive if subpoenaed in a court of law.
(2) A person duly subpoenaed who fails to obey the subpoena or, without cause, refuses to be examined or to answer any legal or pertinent questions as to the character, qualifications, or alleged misdeeds of the applicant or licensee is guilty of a misdemeanor.
(3) The testimony of such witnesses shall be under oath, which a designee of the director of the department may administer. Willful false swearing in any such proceeding is considered perjury.
History:
1965, Act 285, Imd. Eff. July 22, 1965 ;-- Am. 2002, Act 474, Eff. Oct. 1, 2002
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 285 of 1965 - Professional Investigator Licensure Act (338.821 - 338.851) › Section 338.846 - License; Renewal; Fee; Bond.

338.846 License; renewal; fee; bond.
Sec. 26.
(1) A license granted under this act may be renewed upon application and the payment of a renewal fee of $300.00, unless reduced under section 9(5), and filing of a renewal surety bond or liability insurance policy in the amount equivalent to that specified in section 9.
(2) A renewal license shall be dated as of the expiration date of the previously existing license. For the renewal of a license, the licensee shall submit an application in such form as prescribed by the department. Upon receipt of a completed application, payment of the renewal fee subject to section 9(5), and proof acceptable to the department of bond or insurance, the department shall renew a license. The department may defer the renewal if there are uninvestigated complaints then outstanding against the licensee or if there is a criminal complaint then pending against the licensee.
History:
1965, Act 285, Imd. Eff. July 22, 1965 ;-- Am. 2002, Act 474, Eff. Oct. 1, 2002 ;-- Am. 2004, Act 260, Imd. Eff. July 23, 2004
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 285 of 1965 - Professional Investigator Licensure Act (338.821 - 338.851) › Section 338.847 - Death of Licensee; Carrying on Business; Notice to Department; Sale of Business.

338.847 Death of licensee; carrying on business; notice to department; sale of business.
Sec. 27.
(1) Upon the death of a licensee, the business of the decedent may be carried on for a period of 90 days by any of the following:
(a) In the case of an individual licensee, the surviving spouse, or if there is none, the personal representative of the estate of the decedent.
(b) In the case of a partner, the surviving partners.
(c) In the case of an officer of a firm, company, association, limited liability company, or corporation, the officers.
(2) Within 10 days following the death of a licensee, the department shall be notified by a person described in subsection (1) in writing. The notification shall state the name of the person legally authorized to carry on the business of the deceased.
(3) Upon the authorization of the department, the business may be carried on for a further period of time when necessary to complete any investigation or assist in any litigation pending at the death of the decedent.
(4) This section does not authorize the solicitation or acceptance of any business after the death of the decedent except as otherwise provided by this act.
(5) This section shall not be construed to restrict the sale of a professional investigator business if the vendee qualifies for a license under the provisions of this act.
History:
1965, Act 285, Imd. Eff. July 22, 1965 ;-- Am. 2002, Act 474, Eff. Oct. 1, 2002 ;-- Am. 2008, Act 146, Imd. Eff. May 28, 2008
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 285 of 1965 - Professional Investigator Licensure Act (338.821 - 338.851) › Section 338.848 - Employment of Agents; Rules.

338.848 Employment of agents; rules.
Sec. 28.
(1) The department may employ such agents as are necessary to carry out and to enforce this act.
(2) The department may promulgate rules to enforce and administer this act pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
History:
1965, Act 285, Imd. Eff. July 22, 1965 ;-- Am. 2002, Act 474, Eff. Oct. 1, 2002
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 285 of 1965 - Professional Investigator Licensure Act (338.821 - 338.851) › Section 338.849 - Application of Act as to License Applications and Renewals.

338.849 Application of act as to license applications and renewals.
Sec. 29.
The requirements of this act as to license applications shall apply to all professional investigators, except those who already have been granted a license under prior laws of this state. The requirements as to renewal of license certificates shall apply to all professional investigators licensed under this act or any prior law of this state.
History:
1965, Act 285, Imd. Eff. July 22, 1965 ;-- Am. 2008, Act 146, Imd. Eff. May 28, 2008
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 285 of 1965 - Professional Investigator Licensure Act (338.821 - 338.851) › Section 338.850 - Repeals.

338.850 Repeals.
Sec. 30.
Act No. 383 of the Public Acts of 1927, as amended, being sections 338.801 to 338.813 of the Compiled Laws of 1948, is repealed.
History:
1965, Act 285, Imd. Eff. July 22, 1965
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 285 of 1965 - Professional Investigator Licensure Act (338.821 - 338.851) › Section 338.851 - Violation; Penalty.

338.851 Violation; penalty.
Sec. 31.
A licensee, manager, or employee of a licensee who violates this act or a rule promulgated under this act is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or by a fine of not more than $500.00, or both.
History:
Add. 1974, Act 114, Eff. July 1, 1974 ;-- Am. 2002, Act 474, Eff. Oct. 1, 2002
Compiler's Notes:
Former MCL 338.851, deriving from Act 229 of 1939 and pertaining to a state board of embalmers and funeral directors, was repealed by Act 268 of 1949.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Repealed - Act 229 of 1939 - The Embalmers' and Funeral Directors' Act (338.851a - 338.860)

THE EMBALMERS' AND FUNERAL DIRECTORS' ACT
Act 229 of 1939
338.851a-338.860 Repealed. 1949, Act 268, Eff. Sept. 23, 1949.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Repealed - Act 268 of 1949 - Mortuary Science (338.861 - 338.875)

MORTUARY SCIENCE
Act 268 of 1949
338.861-338.875 Repealed. 1980, Act 299, Imd. Eff. Oct. 21, 1980.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Repealed - Act 192 of 1984 - Forbes Mechanical Contractors Act (338.971 - 338.988)

FORBES MECHANICAL CONTRACTORS ACT
Act 192 of 1984
338.971-338.988 Repealed. 2016, Act 407, Eff. Apr. 4, 2017.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Repealed - Act 257 of 1959 - Psychologist Registration Act (338.1001 - 338.1019)

PSYCHOLOGIST REGISTRATION ACT
Act 257 of 1959
338.1001-338.1019 Repealed. 1978, Act 368, Eff. Sept. 30, 1978.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Repealed - Act 292 of 1966 - Marriage Counseling Certification Act (338.1031 - 338.1045)

MARRIAGE COUNSELING CERTIFICATION ACT
Act 292 of 1966
338.1031-338.1045 Repealed. 1980, Act 299, Imd. Eff. Oct. 21, 1980.