reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 9 - (339.901...339.920) › Section 339.909 - Separate Trust Account; Maintenance by Collection Agency; Designation as Trust Account; Disbursements and Withdrawals.

339.909 Separate trust account; maintenance by collection agency; designation as trust account; disbursements and withdrawals.
Sec. 909.
(1) A collection agency shall maintain a separate trust account in which all money collected under this article by the collection agency shall be deposited within 3 banking days after receipt. The trust account shall be established in 1 of the following institutions:
(a) A state or nationally chartered bank.
(b) A state or federally chartered savings and loan association or savings bank.
(c) A state or federally chartered credit union.
(2) A collection agency that is located in this state shall maintain its trust account in this state. A collection agency that is located in any other state may maintain its trust account in this state or in the state in which the collection agency is located provided that the account is maintained solely for money collected under this article.
(3) The trust account shall be identified and distinguished from the collection agency's personal or general checking or other depository account and shall be designated as a trust account. The trust account shall always contain sufficient funds to pay money due or owing to the client less money owed to the licensee by the client. Except as provided in this section, a disbursement may not be made from the account except to a client for money owed to the client or to pay costs advanced for a client. Periodically, the collection agency may withdraw from the trust account money that has accrued to the collection agency from a collection deposited or from an adjustment resulting from costs advanced and payments made directly to clients.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1981, Act 83, Imd. Eff. July 1, 1981 ;-- Am. 1996, Act 151, Imd. Eff. Mar. 25, 1996
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 9 - (339.901...339.920) › Section 339.911 - Collection Agency Manager's License or Collection Agency License; Requirements.

339.911 Collection agency manager's license or collection agency license; requirements.
Sec. 911.
The department shall issue a collection agency manager's license or a collection agency license to an individual who meets all of the following requirements:
(a) Has a high school diploma or demonstrates to the satisfaction of the department that the applicant possesses the equivalent of a high school education.
(b) Has had at least 6 months of full-time experience in the collection of accounts.
(c) Has passed the examination approved by the department.
(d) Is at least 18 years of age.
(e) Is of good moral character.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1981, Act 83, Imd. Eff. July 1, 1981 ;-- Am. 1988, Act 463, Eff. Sept. 1, 1989
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 9 - (339.901...339.920) › Section 339.912 - Applicant for Collection Agency Manager's License; Written Examination.

339.912 Applicant for collection agency manager's license; written examination.
Sec. 912.
An applicant for a collection agency manager's license shall take a written examination developed by the department to test the applicant's knowledge of the collection agency business, collection practices, customs and ethics, and the laws and rules relating to the operations of collection agencies.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1996, Act 151, Imd. Eff. Mar. 25, 1996
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 9 - (339.901...339.920) › Section 339.913 - Collection Agency Manager's License; Display.

339.913 Collection agency manager's license; display.
Sec. 913.
A collection agency manager's license shall be displayed on the premises where licensed business or activity is conducted.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1988, Act 463, Eff. Sept. 1, 1989
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 9 - (339.901...339.920) › Section 339.914 - Repealed. 1996, Act 151, Imd. Eff. Mar. 25, 1996.

339.914 Repealed. 1996, Act 151, Imd. Eff. Mar. 25, 1996.
Compiler's Notes:
The repealed section pertained to proof of applicant meeting qualification requirements.
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 9 - (339.901...339.920) › Section 339.916 - Action for Damages or Other Equitable Relief; Recovery; Civil Penalty; Attorney's Fees and Court Costs.

339.916 Action for damages or other equitable relief; recovery; civil penalty; attorney's fees and court costs.
Sec. 916.
(1) A person who suffers injury, loss, or damage, or from whom money was collected by the use of a method, act, or practice in violation of this article or rules promulgated under this article, may bring an action for damages or other equitable relief.
(2) If the court finds for the petitioner, recovery shall be in the amount of actual damages or $50.00, whichever is greater. If the court finds that the method, act, or practice was a wilful violation, it may award a civil penalty of not less than 3 times the actual damages, or $150.00, whichever is greater and shall award reasonable attorney's fees and court costs incurred in connection with the action.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 9 - (339.901...339.920) › Section 339.917 - Conduct of Licensee Subject to Penalties.

339.917 Conduct of licensee subject to penalties.
Sec. 917.
A licensee that commits 1 or more of the following is subject to the penalties described in article 6:
(a) Cancellation of a surety bond.
(b) Failure to notify the director of any changes in corporate or partnership structure under section 906.
(c) Failure to apply for a separate license for each place of business under section 904.
(d) Commencing operation before issuance of a license under section 904.
(e) Operation before the renewal of an expired license.
(f) Failure to preserve and make accessible books, accounts, and records under section 910(2).
(g) Failure to submit an annual report under section 910(3).
(h) Failure to file a sworn financial report when required by the director under section 910(4).
(i) Failure to allow an audit of books, accounts, and records when determined necessary by the director under section 910(5).
(j) Failure to pay the expenses of an audit conducted by the department under section 910(7), if the licensee is not located in this state.
(k) Violation of any federal or state act relating to debt collection.
History:
Add. 1981, Act 83, Imd. Eff. July 1, 1981 ;-- Am. 1996, Act 151, Imd. Eff. Mar. 25, 1996 ;-- Am. 2014, Act 560, Imd. Eff. Jan. 15, 2015
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 9 - (339.901...339.920) › Section 339.918 - Communication With Consumer; Notice; Effect of Disputing Validity of Debt; Verification of Debt; Failure to Dispute Validity of Debt.

339.918 Communication with consumer; notice; effect of disputing validity of debt; verification of debt; failure to dispute validity of debt.
Sec. 918.
(1) Within 5 days after the initial communication with a consumer in connection with a collection of a debt, a collection agency shall send the consumer, unless the following information is contained in the initial communication or the consumer has paid the debt, a written notice containing all of the following information:
(a) The amount of the debt owed.
(b) The date the communication was sent to the debtor.
(c) The name of the creditor to whom the debt is owed.
(d) A statement specifying that unless the consumer, within 30 days after receipt of this notice, disputes the validity of the debt, or a portion of the debt, the debt will be assumed to be valid.
(e) A statement specifying that, if the consumer notifies the collection agency in writing within 30 days after receipt of this notice, that the debt, or any portion of the debt, is disputed, the collection agency shall obtain verification of the debt or a copy of a judgment against the consumer and that a copy of the verification or judgment shall be mailed to the consumer by the collection agency.
(2) If the consumer notifies the collection agency in writing, within 30 days after receiving the written notice, that the debt, or any portion of the debt, is disputed, collection of the debt or any disputed portion of the debt shall cease until the collection agency obtains verification of the debt and a copy of the verification or judgment is mailed to the consumer by the collection agency. Verification of the debt or any disputed portion of the debt shall include the number and amount of previously made payments and the name and address of the orginal creditor, if different from the current creditor, or a copy of the judgment against the debtor.
(3) The failure of a consumer to dispute the validity of a debt under this section shall not be construed as an admission of liability by the consumer.
History:
Add. 1981, Act 83, Imd. Eff. July 1, 1981
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 9 - (339.901...339.920) › Section 339.919 - Communication With Person Other Than Debtor; Location Information.

339.919 Communication with person other than debtor; location information.
Sec. 919.
(1) A collection agency communicating with any person other than the debtor, for the purpose of acquiring location information about the debtor, shall state all of the following:
(a) The name of the individual seeking the location information.
(b) Whether the purpose of the communication is for confirmation or correction of location information about the debtor.
(2) For purposes of this article, location information shall consist only of a debtor's place of abode and place of employment and the telephone number at each place.
History:
Add. 1981, Act 83, Imd. Eff. July 1, 1981
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 9 - (339.901...339.920) › Section 339.920 - Taking Possession of Assets, Books, and Records of Licensee for Purpose of Liquidating Business or Other Relief; Application for Court Order; Notice.

339.920 Taking possession of assets, books, and records of licensee for purpose of liquidating business or other relief; application for court order; notice.
Sec. 920.
If the department determines that a licensee is insolvent or has collected accounts, but failed to remit money due a claimant or forwarded money due a claimant within 45 days after the day of collection, or if the license of a collection agency has expired or been suspended or revoked, the department may apply to the circuit court for the county in which the main office of the agency is located for an order authorizing the director to take possession of the assets, books, and records of the licensee for the purpose of liquidating the business and for such other relief as the nature of the case and the interests of the claimants or aggrieved consumers require. The application for an order following the expiration, suspension, or revocation of a license shall not be made until after 10 days' notice to the licensee or former licensee.
History:
Add. 1981, Act 83, Imd. Eff. July 1, 1981
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 10 - (339.1001...339.1022) › Section 339.1001 - Definitions.

339.1001 Definitions.
Sec. 1001.
As used in this article:
(a) "Client" means a person who engages the services of a personnel agency.
(b) "Consulting agent" means the individual designated by a type B personnel agency who is responsible for the general management of that type B personnel agency.
(c) "Employee" means a person performing work or service for compensation.
(d) "Employer" means a person employing or seeking to employ a person for compensation.
(e) "Employment agent" means the individual designated by a type A personnel agency who is responsible for the general management of that type A personnel agency.
(f) "Fee" means any direct or indirect compensation.
(g) "Job order" means an oral or written notification by an employer to a personnel agency that a job opening exists for which the employer wishes to find an employee and includes all information regarding the job.
(h) "Personnel agency" means a type A personnel agency or a type B personnel agency, or both.
(i) "Registration fee" means a fee other than the fee specified in a contract, which a personnel agency requires or accepts from a client prior to execution of a contract.
(j) "Resume writing service" means a person who provides professional assistance to an applicant in compiling a resume by assembling relevant data, organizing it in writing, and providing copies to the applicant for a fee.
(k) "Type A personnel agency" means a person who is engaged in the business or profession of serving, assisting, or in any way aiding a client seeking employment or making basic career decisions, who puts a client in direct contact with employers, and who receives a fee from the client for the services rendered or offered to be rendered.
(l) "Type B personnel agency" means a person who is engaged in the business or profession of serving, assisting, or in any way aiding or consulting with a client to make basic career decisions and who receives a fee from the client for the services rendered or offered to be rendered.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1992, Act 253, Imd. Eff. Nov. 19, 1992
Compiler's Notes:
For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 10 - (339.1001...339.1022) › Section 339.1002 - Personnel Agency Board; Creation; Qualifications of Members.

339.1002 Personnel agency board; creation; qualifications of members.
Sec. 1002.
The personnel agency board is created. Six of the members shall have served, for at least 3 years immediately preceding appointment, as an owner or manager in the personnel agency industry in this state.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1992, Act 253, Imd. Eff. Nov. 19, 1992
Compiler's Notes:
For abolishment of the personnel agency board and transfer of its powers and duties to the department of labor and economic growth, see E.R.O. No. 2007-16, compiled at MCL 445.2011.
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 10 - (339.1001...339.1022) › Section 339.1003 - Personnel Agency; License Required; Determination of Type a or Type B; Exemptions.

339.1003 Personnel agency; license required; determination of Type A or Type B; exemptions.
Sec. 1003.
(1) A person shall not open, operate, or maintain a personnel agency in this state without first obtaining the appropriate license from the department. The department shall determine whether an agency is considered a type A personnel agency or a type B personnel agency.
(2) This article does not apply to all of the following:
(a) A regularly established educational institution, religious, labor, charitable, benevolent organization, or department or bureau maintained for the purpose of providing free employment or consulting services for which no fee, compensation, or other valuable consideration is charged or received, directly or indirectly.
(b) A person who maintains an employment or consulting office for the person's own intraorganization purposes exclusively, the Michigan employment security commission, an organization which provides vocational rehabilitation services if the fees are paid by an insurer or self-insurer responsible under applicable state or federal insurance laws for the providing of vocational rehabilitation services to an individual, or a person under a contract with the state of Michigan to provide employment services.
(c) A person employing an individual to render part-time or temporary personal service to, for, or under the direction of a third person if the person employing the individual, in addition to a wage or salary, pays federal social security taxes, state and federal unemployment insurance, carries worker's disability compensation insurance as required by the worker's disability compensation act of 1969, Act No. 317 of the Public Acts of 1969, as amended, being sections 418.101 to 418.941 of the Michigan Compiled Laws, and sustains responsibility for the acts of the employee while rendering service to, for, or under the direction of a third person.
(d) The business of procuring, offering, promising, promoting, or attempting to provide an engagement for an athletic event, a circus, concert, vaudeville, theatrical, or other entertainment, or of giving information as to where an engagement may be procured or provided for an actor, artist, athlete, entertainer, or performer in an athletic event, a circus, vaudeville, theatrical, or other entertainment.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1992, Act 253, Imd. Eff. Nov. 19, 1992
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 10 - (339.1001...339.1022) › Section 339.1004 - Employment or Consulting Agent; License Required; Requirements for Issuance; Operating Independently.

339.1004 Employment or consulting agent; license required; requirements for issuance; operating independently.
Sec. 1004.
(1) An individual shall not operate as an employment agent or consulting agent in this state without first obtaining the appropriate license from the department. A personnel agency and its employment agent and consulting agent shall be jointly and severally responsible for the actions of a person employed by the personnel agency.
(2) The department shall issue an employment agent license or consulting agent license to an individual who complies with all of the following requirements:
(a) Successfully completes a written examination which tests the knowledge of this article, the rules promulgated under this article, the laws against discrimination in employment, and other laws pertinent to serving as an employment agent or consulting agent.
(b) Is of good moral character.
(c) Is at least 18 years of age.
(3) An employment agent or a consulting agent shall not operate independently of a type A personnel agency or a type B personnel agency, as is appropriate.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1992, Act 253, Imd. Eff. Nov. 19, 1992
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 10 - (339.1001...339.1022) › Section 339.1006 - Surety or Cash Bond; Amount; Filing; Conditions; Irresponsibility of Surety; New Bond; Suspension of License; Renewal.

339.1006 Surety or cash bond; amount; filing; conditions; irresponsibility of surety; new bond; suspension of license; renewal.
Sec. 1006.
(1) A personnel agency shall file with the department, on a form provided by the department, a surety or cash bond in the amount of $10,000.00. The bond shall be conditioned on all of the following:
(a) That the licensee or the person applying for the license shall comply with the terms of any contract entered into between the personnel agency and a client.
(b) That money paid by the client shall be refunded to the client, if the refund is required pursuant to this article.
(c) That an action on a bond due to an act which occurred before the expiration or cancellation of the bond may be commenced not later than 1 year after the expiration or cancellation date of the bond.
(d) That the revocation or suspension of a license shall not affect the coverage provided by the bond as to an act that occurred before the date of revocation or suspension.
(e) That the surety shall notify the department if the bond is canceled or terminated by the surety or personnel agency.
(2) If, in the opinion of the department, the surety becomes irresponsible, the personnel agency, upon notice given by the department, shall give a new bond as described in this section. The failure to give a new bond within 30 days after notice from the department shall operate as an automatic suspension of the personnel agency license.
(3) The department shall not renew a license issued under this article if the department has been notified by the person issuing the bond that the bond required under this section has been canceled or terminated.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1992, Act 253, Imd. Eff. Nov. 19, 1992
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 10 - (339.1001...339.1022) › Section 339.1007, 339.1008 - Repealed. 1992, Act 253, Imd. Eff. Nov. 19, 1992.

339.1007, 339.1008 Repealed. 1992, Act 253, Imd. Eff. Nov. 19, 1992.
Compiler's Notes:
The repealed sections pertained to investigation of applicant, examination of proposed agency premises, and contents of the employment agency license.
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 10 - (339.1001...339.1022) › Section 339.1009 - License Not Transferable; Changing to New Entity; Admitting Partner, Officer, or Stockholder; Notice; Agent No Longer Employed by Agency; Designation of Another Agent; Notice; Change of Address.

339.1009 License not transferable; changing to new entity; admitting partner, officer, or stockholder; notice; agent no longer employed by agency; designation of another agent; notice; change of address.
Sec. 1009.
(1) A license issued under this article is not transferable.
(2) Within 15 days after a personnel agency changes from a sole proprietorship to a partnership or corporation, or from a partnership to a sole proprietorship or corporation, or from a corporation to a sole proprietorship or partnership, all licensure requirements for the new entity shall be met.
(3) A personnel agency which seeks to admit a new partner to an existing partnership or a new officer or stockholder to an existing corporation shall notify the department within 15 days after a change in the partners of a partnership or the officers of a corporation or the stockholders of a corporation owning 10% or more of the stock of the corporation. The notice shall be made on a form provided by the department and shall contain information by which the department may determine whether the new individual is of good moral character.
(4) If a designated employment agent or consulting agent is no longer employed by the personnel agency or is no longer charged with the general management of the personnel agency's office, the personnel agency shall designate another licensed employment agency or consulting agent and notify the department within 15 days after the appointment is made. A temporary license may be issued to an applicant for an agent's license pursuant to section 213.
(5) An employment agent or consulting agent shall notify the department in writing within 5 business days after the date he or she is no longer employed by a personnel agency or is no longer charged with the general management of the office of that personnel agency.
(6) A personnel agency shall notify the department, in writing, within 30 days after the date of any change of address and shall demonstrate that the premises designated is an acceptable place for the personnel agency to conduct business.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1988, Act 463, Eff. Sept. 1, 1989 ;-- Am. 1992, Act 253, Imd. Eff. Nov. 19, 1992
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 10 - (339.1001...339.1022) › Section 339.1010, 339.1011 - Repealed. 1992, Act 253, Imd. Eff. Nov. 19, 1992.

339.1010, 339.1011 Repealed. 1992, Act 253, Imd. Eff. Nov. 19, 1992.
Compiler's Notes:
The repealed sections pertained to opening, conducting, or maintaining an agency at a place specified in the license and designated classes of employment agency licensing.
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 10 - (339.1001...339.1022) › Section 339.1016-339.1018 - Repealed. 1992, Act 253, Imd. Eff. Nov. 19, 1992.

339.1016-339.1018 Repealed. 1992, Act 253, Imd. Eff. Nov. 19, 1992.
Compiler's Notes:
The repealed sections pertained to employment agency client procedures, use of false or fraudulent notice or advertisement, and prohibited acts by the agency.
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 10 - (339.1001...339.1022) › Section 339.1019 - Personnel Agency; Prohibited Acts.

339.1019 Personnel agency; prohibited acts.
Sec. 1019.
A personnel agency, or any licensed agent or other agent or employee of a personnel agency shall not do any of the following:
(a) Use any name other than the name in which the personnel agency is licensed.
(b) Bring or maintain an action in a court of this state for the collection of compensation for the performance of an act or contract for services as a personnel agency without alleging and proving that the agency and its agent were licensed under this article during the performance of the act or contract.
(c) Use a form which contains provisions in violation of this article, rules promulgated under this article, or other state or federal laws or regulations.
(d) Share a fee with any other person, except a personnel agency licensed in this state or in any other state requiring licenses for personnel agencies or a personnel agency in a state in which licensure is not required.
(e) Persuade, induce, or solicit an employer to discharge an employee.
(f) Request or accept a registration fee or any other fee not set forth in the agency's contract with a client or charge a fee higher than the fee set forth in the contract.
(g) Request or accept, or give, offer, or promise to give, a gift of such value that the gift is likely to persuade, induce, or influence an action of an employer or benefit the personnel agency or any of its agents or employees.
(h) Knowingly procure, entice, send, or aid in procuring, enticing, or sending a person to perform an illegal act.
(i) Prevent an employee of the department from inspecting the records of the agency at any time during normal business hours.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1992, Act 253, Imd. Eff. Nov. 19, 1992
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 10 - (339.1001...339.1022) › Section 339.1020 - Type a Personnel Agency; Prohibited Acts.

339.1020 Type A personnel agency; prohibited acts.
Sec. 1020.
A type A personnel agency, its licensed employment agent, or any other agent or employee of the type A personnel agency, shall not do any of the following:
(a) Persuade, induce, or solicit an employee to leave employment which has been secured for that employee by the personnel agency.
(b) Send a client to a place where a strike or lockout exists or is impending without informing the client of the strike or lockout, and so noting that fact upon the job referral slip given to the client.
(c) Require or accept a fee from a client until the client has made a bona fide acceptance of employment.
(d) Enter into or enforce a contract with a client if another personnel agency or business entity is a party to the contract.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1992, Act 253, Imd. Eff. Nov. 19, 1992
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 10 - (339.1001...339.1022) › Section 339.1021 - Type B Personnel Agency; Prohibited Acts.

339.1021 Type B personnel agency; prohibited acts.
Sec. 1021.
A type B personnel agency shall not do any of the following:
(a) Put a client in direct contact with a specific employer.
(b) Contact a specific employer on behalf of a client.
(c) Advertise the availability of an individual for employment.
(d) Charge or accept a fee from a client at the time a client procures employment.
(e) Provide clients with lists of potential employers, if the type B personnel agency chooses to provide such lists in compliance with section 1015, without providing additional consulting services.
(f) Advertise, including in directories or news media, that it is an employment agency or in such a manner that may lead a client or potential client to believe that the type B personnel agency or any of its agents or employees may, in any way, put a client in direct contact with an employer.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1992, Act 253, Imd. Eff. Nov. 19, 1992
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 10 - (339.1001...339.1022) › Section 339.1022 - Person Considered Licensed.

339.1022 Person considered licensed.
Sec. 1022.
A person who holds a license to operate pursuant to this article on the effective date of the 1991 amendatory act that amended this section shall be considered by the department to be appropriately licensed under this article until that license expires.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1992, Act 253, Imd. Eff. Nov. 19, 1992
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 11 - (339.1101...339.1118) › Section 339.1101 - Definitions.

339.1101 Definitions.
Sec. 1101.
As used in this article:
(a) "Barber" means a person who shaves or trims the beard of a person; cuts, trims, shampoos, relaxes, curls, permanently waves, dresses, tints, bleaches, colors, arranges, or styles the hair of a person; massages the face and head of a person; or renders personal services of a similar nature customarily done by a barber.
(b) "Barber college" means an establishment which renders for compensation the services of a barber, but having for its primary purpose the teaching for compensation of the theory and practice of serving as a barber.
(c) "Barbershop" means a place, establishment, or premises or part of a premises where a person performs as a barber.
(d) "Demonstration" means a show, seminar, or contest in which barber services are rendered for the purpose of educating barbers.
(e) "Demonstrator" means a person who performs a service of a barber at a demonstration.
(f) "Immediate family" means persons residing together who are related by birth, marriage, or adoption.
(g) "Instructor" means a person who instructs another in the theory and practice of serving as a barber.
(h) "Student" means a person learning the theory and practice of serving as a barber.
(i) "Student instructor" means a person learning the theory and practice of teaching barbering.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1984, Act 25, Imd. Eff. Mar. 12, 1984
Compiler's Notes:
For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 11 - (339.1101...339.1118) › Section 339.1102 - Board of Barber Examiners; Creation; Qualifications of Members.

339.1102 Board of barber examiners; creation; qualifications of members.
Sec. 1102.
The board of barber examiners is created. Six members of the board shall have practiced as a barber for 3 years before appointment. One of those members shall be a journeyman barber.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 11 - (339.1101...339.1118) › Section 339.1103 - Repealed. 1982, Act 360, Eff. Mar. 30, 1983.

339.1103 Repealed. 1982, Act 360, Eff. Mar. 30, 1983.
Compiler's Notes:
The repealed section pertained to certificate of health.
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 11 - (339.1101...339.1118) › Section 339.1104 - Rendering Services of Barber Without License Prohibited; Exceptions.

339.1104 Rendering services of barber without license prohibited; exceptions.
Sec. 1104.
(1) A person shall not render the services of a barber, with or without compensation, on any person other than his or her immediate family unless the person is licensed under this article. This section shall not apply to a person holding a demonstration permit issued under section 1117.
(2) A person shall not use the title "barber" in any way, including, but not limited to, in the name of an establishment unless the person is licensed under this article.
(3) Nothing in this article shall be construed to prohibit a person licensed under article 12 from rendering the services for which he or she is licensed.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1984, Act 25, Imd. Eff. Mar. 12, 1984
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 11 - (339.1101...339.1118) › Section 339.1105 - Student License; Duration; Requirements; Supervised Barber Services Without Compensation; Renewal or Extension of License; New License; Transfer of License.

339.1105 Student license; duration; requirements; supervised barber services without compensation; renewal or extension of license; new license; transfer of license.
Sec. 1105.
(1) The department shall issue a student license valid for 2 years to an individual who fulfills all of the following requirements:
(a) Has completed the tenth grade of school or has an equivalent education as determined by the department.
(b) Is of good moral character.
(2) Upon being licensed by the department, a student may render barber services to the public under the supervision of an instructor. A student shall not receive compensation for performing barber services.
(3) A student may renew his or her license for 1 additional year. An extension of a student license beyond that provided for in this subsection requires approval by the board.
(4) Upon approval of the department, an individual who has previously held a student license may be granted a new student license or may transfer a student license to another barber college.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1981, Act 83, Imd. Eff. July 1, 1981 ;-- Am. 1984, Act 25, Imd. Eff. Mar. 12, 1984 ;-- Am. 1988, Act 463, Eff. Sept. 1, 1989
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 11 - (339.1101...339.1118) › Section 339.1106 - Student Instructor License; Requirements; Rendering Barber Services to Public Prohibited; Exceptions; Renewal of License.

339.1106 Student instructor license; requirements; rendering barber services to public prohibited; exceptions; renewal of license.
Sec. 1106.
(1) The department shall issue a license as a student instructor to an individual who fulfills all of the following requirements:
(a) Has graduated from high school or provided documentation of an equivalent education acceptable to the department and the board.
(b) Is of good moral character.
(c) Is a licensed barber with not less than 2 years' experience.
(2) A student instructor shall not render barber services to the public in a barber college except incidentally as a teaching example or to correct or complete the work of a student.
(3) With the approval of the board, a student instructor may renew his or her license for an additional year.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1984, Act 25, Imd. Eff. Mar. 12, 1984 ;-- Am. 1988, Act 463, Eff. Sept. 1, 1989
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 11 - (339.1101...339.1118) › Section 339.1107 - Repealed. 1984, Act 25, Imd. Eff. Mar. 12, 1984.

339.1107 Repealed. 1984, Act 25, Imd. Eff. Mar. 12, 1984.
Compiler's Notes:
The repealed section pertained to qualifications for license to practice as an apprentice.
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 11 - (339.1101...339.1118) › Section 339.1109 - Instructor License; Requirements; Substitution of Experience for Required Training; Waiver.

339.1109 Instructor license; requirements; substitution of experience for required training; waiver.
Sec. 1109.
(1) The department shall issue a license as an instructor to an individual who fulfills all of the following requirements:
(a) Is a licensed barber with not less than 2 years of experience.
(b) Except as provided in subsection (2), has completed 1 year of instruction in the teaching of barbering at a licensed barber college or has successfully completed 60 semester hours or 90 term hours in a course of instruction approved by the board at an accredited college or university and has 6 months of instruction in the teaching of barbering at a barber college.
(c) Has graduated from high school or has an equivalent education as approved by the department.
(d) Has passed an examination approved by the board and the department to determine the individual's fitness to practice as an instructor.
(e) Is of good moral character.
(2) For the purposes of fulfilling the requirements of subsection (1)(b), an individual who has been duly authorized under the laws of another state, jurisdiction, or country to instruct others in barbering may substitute 1 year of experience in barber instruction for the required training. The requirements of subsection (1)(a) and (d) shall not be waived on the basis of prior experience as an instructor.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1981, Act 83, Imd. Eff. July 1, 1981 ;-- Am. 1984, Act 25, Imd. Eff. Mar. 12, 1984 ;-- Am. 1988, Act 463, Eff. Sept. 1, 1989
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 11 - (339.1101...339.1118) › Section 339.1111 - Barbershop; Licensing Requirements; Partitioning From Dwelling; Lodging or Residential Purposes Prohibited; Transfer of Ownership or Location as Revocation of License; Granting of New License; Display of Licenses.

339.1111 Barbershop; licensing requirements; partitioning from dwelling; lodging or residential purposes prohibited; transfer of ownership or location as revocation of license; granting of new license; display of licenses.
Sec. 1111.
(1) The department shall issue a license to a barbershop which fulfills all of the following requirements:
(a) Has made, through its owner, application to the department. The application shall include a description of the premises for which licensure is sought.
(b) Has satisfactorily passed an inspection to determine that the barbershop has met sanitation and establishment standards prescribed in rules promulgated under this article.
(2) A barbershop shall be completely partitioned from a dwelling and shall not be occupied for lodging or residential purposes.
(3) The transfer of ownership or location of a barbershop shall automatically revoke its license. A new license shall not be granted to a new owner or at a new location unless the requirements of subsection (1) have been fulfilled.
(4) The licenses of the barbershop and all barbers working in the barbershop shall be displayed in a prominent place visible to the public at all times. The license of an individual barber may be posted at the barber's work station.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1984, Act 25, Imd. Eff. Mar. 12, 1984 ;-- Am. 1988, Act 463, Eff. Sept. 1, 1989
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 11 - (339.1101...339.1118) › Section 339.1112 - Rules.

339.1112 Rules.
Sec. 1112.
The board shall promulgate rules setting forth standards for sanitation in barbershops and barber colleges.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1984, Act 25, Imd. Eff. Mar. 12, 1984
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 11 - (339.1101...339.1118) › Section 339.1113 - Inspections; Right to Enter Premises.

339.1113 Inspections; right to enter premises.
Sec. 1113.
Following the initial inspection required to open a barbershop or barber college, each barbershop shall be inspected at least once a year, and each barber college shall be inspected twice a year. A board member or representative of the department shall be allowed to enter the premises during regular business hours for the purpose of inspecting to determine that the barbershop or barber college meets the requirements of this article and rules promulgated under this article.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1984, Act 25, Imd. Eff. Mar. 12, 1984
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 11 - (339.1101...339.1118) › Section 339.1114 - Renewal of License; Form; Effect of Failure to Renew.

339.1114 Renewal of license; form; effect of failure to renew.
Sec. 1114.
A student instructor, barber, instructor, barbershop or barber college license shall be renewed by completing a form provided by the department on or before the date prescribed in rules promulgated by the department. A barber or instructor who fails to renew a license for 3 or more years shall be required by the board to complete the licensing examination.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1984, Act 25, Imd. Eff. Mar. 12, 1984 ;-- Am. 1988, Act 463, Eff. Sept. 1, 1989
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 11 - (339.1101...339.1118) › Section 339.1115, 339.1116 - Repealed. 1984, Act 25, Imd. Eff. Mar. 12, 1984.

339.1115, 339.1116 Repealed. 1984, Act 25, Imd. Eff. Mar. 12, 1984.
Compiler's Notes:
The repealed section pertained to the inspection and operation of a barbershop or barber college and to barbershop sanitary conditions.
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 11 - (339.1101...339.1118) › Section 339.1117 - Rendering of Barber Services Off Premises; Requirements; Demonstration Permit.

339.1117 Rendering of barber services off premises; requirements; demonstration permit.
Sec. 1117.
(1) Except as otherwise provided in this section, barber services shall only be rendered in premises licensed by the department under this article. A barber may render services outside of a barbershop to a patient in a hospital, nursing home, home for the aged, or similar facility or to a person in the person's home if it is impractical or unsafe for the patient or person to travel due to frailty, age, injury, or illness.
(2) The department may issue a demonstration permit, valid for not longer than 1 year, to allow demonstrations on premises not in use as a barbershop. The holder of a demonstration permit shall maintain health, safety, and sanitation standards as set forth in rules authorized under this article. The department may issue a demonstrator permit, valid for no longer than 1 week, to a person not licensed in this state to perform barbering services solely for the purposes of demonstration, provided that the demonstrator is duly authorized to perform barbering services under the laws of another state, jurisdiction, or country.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1984, Act 25, Imd. Eff. Mar. 12, 1984 ;-- Am. 2003, Act 207, Imd. Eff. Nov. 26, 2003
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 11 - (339.1101...339.1118) › Section 339.1118 - Prohibited Conduct; Strictures.

339.1118 Prohibited conduct; strictures.
Sec. 1118.
In addition to other penalties prescribed by law, a licensee who commits 1 or more of the following shall be subject to the strictures set forth in article 6:
(a) As a student, receiving compensation for performing the services of a barber.
(b) Continuing to practice while knowingly having an infectious or communicable disease.
(c) Operating in an unsanitary manner; failure to abide by sanitation standards set forth in rules authorized under this article.
(d) Wilfully violating the health and safety rules of any political subdivision.
(e) Aiding an applicant for licensure by misrepresenting a material fact.
(f) Failing to notify the department within 30 days of a change of name or address.
(g) Allowing a license to be used by an unlicensed person.
(h) Hiring or permitting an unlicensed person or student to work in a barbershop as a barber or permitting an unlicensed person to attend barber college as a student.
(i) Operating as a barber from premises not licensed under this article, except as otherwise provided in this article.
(j) Refusal to allow a board member or representative of the department to inspect during regular business hours premises where barbering services are rendered.
(k) Negligent, incompetent, or careless practice causing damage to a person's hair, skin, scalp, nails, or organs.
History:
Add. 1984, Act 25, Imd. Eff. Mar. 12, 1984
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 12 - (339.1201...339.1218) › Section 339.1202 - Board of Cosmetology; Creation; Qualifications of Members.

339.1202 Board of cosmetology; creation; qualifications of members.
Sec. 1202.
A board of cosmetology is created. Five of the members of the board shall be licensed cosmetologists who have been actively engaged in the practice of cosmetology for at least 3 years immediately preceding their appointment. One member shall be a person who has been actively engaged in teaching cosmetology in this state for not less than 3 years immediately before appointment and who owns an interest in a school of cosmetology. Three members shall represent the general public.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name:
Act 299