reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 26 - (339.2601...339.2637) › Section 339.2633 - Duties of Licensee.

339.2633 Duties of licensee.
Sec. 2633.
A licensee shall do all of the following:
(a) Include, in any appraisal or report provided to a client, the following statement: "Appraisers are required to be licensed and are regulated by the Michigan Department of Labor and Economic Growth, P.O. Box 30018, Lansing, Michigan 48909.".
(b) Maintain an actual place of business whose address shall be used as the licensee address and in all advertising.
(c) Maintain a system of books and records open to the department upon request during normal business hours. The books and records shall be maintained in accordance with the uniform standards of professional appraisal practice, the requirements of this article, and any requirements imposed by rules promulgated under this article. The books and records shall show all appraisals undertaken by name of client and the address or description of the property appraised. In addition, applicants for licensure as a state licensed real estate appraiser, a certified residential real estate appraiser, or a certified general real estate appraiser must also provide an appraisal log that includes, at a minimum, the documentation or data required to be kept under the AQB criteria.
(d) Advertise only the services authorized to be rendered according to the type of license issued and only in the name and address under which the individual is licensed. The licensee shall indicate on every appraisal report the license number and level of licensure.
History:
Add. 1990, Act 269, Eff. July 1, 1991 ;-- Am. 1999, Act 170, Imd. Eff. Nov. 10, 1999 ;-- Am. 2006, Act 414, Imd. Eff. Sept. 29, 2006
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 26 - (339.2601...339.2637) › Section 339.2636 - Sanctions Taken by Another State.

339.2636 Sanctions taken by another state.
Sec. 2636.
(1) A sanction against an individual licensed under this article in this state by another state or jurisdiction may be grounds for disciplinary action in this state if the offense is substantially similar to a violation of this act or rules promulgated under this act.
(2) A licensee shall report to the department sanctions taken by another state or jurisdiction against his or her appraisal license issued by that other state within 30 days after the final order imposing disciplinary action.
History:
Add. 1999, Act 170, Imd. Eff. Nov. 10, 1999
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 26 - (339.2601...339.2637) › Section 339.2637 - List of Licensees; Remittance of Fee.

339.2637 List of licensees; remittance of fee.
Sec. 2637.
Not less than monthly, the department shall compile a list of certified general real estate appraiser, certified residential real estate appraiser, and state licensed real estate appraiser licensees under this article, provide it to the appraisal subcommittee of the federal financial institutions examination council as required by section 1109 of the financial institutions reform, recovery, and enforcement act of 1989, Public Law 101-73, 12 USC 3338, and remit the appropriate fee for each year the individual is licensed under section 38 of the state license fee act, 1979 PA 152, MCL 338.2238.
History:
Add. 1990, Act 269, Eff. July 1, 1991 ;-- Am. 1999, Act 170, Imd. Eff. Nov. 10, 1999 ;-- Am. 2006, Act 414, Imd. Eff. Sept. 29, 2006
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 26A - (339.2661...339.2677) › Section 339.2663 - Conduct Requiring License; Exceptions.

339.2663 Conduct requiring license; exceptions.
Sec. 2663.
(1) Except as provided in subsection (2), a person shall not do any of the following in this state without a license issued by the department under this article:
(a) Directly or indirectly engage or attempt to engage in business as an appraisal management company.
(b) Directly or indirectly perform or attempt to perform appraisal management services.
(c) Advertise or hold itself out as engaging in or conducting business as an appraisal management company.
(d) Use the term "appraisal management company", "mortgage technology company", or any similar term that tends to indicate the person is licensed under this act.
(2) This article does not apply to any of the following:
(a) A person that exclusively engages individuals on an employer-employee basis to perform real estate appraisal services in the normal course of its business and that is responsible for ensuring that the real estate appraisal services performed by its employees comply with the uniform standards of professional appraisal practice.
(b) A person that in the normal course of business enters into an agreement, whether written or otherwise, with an independent contractor appraiser for that appraiser to perform real estate appraisal services and, when the appraisal is complete, cosigns the report with that independent contractor appraiser.
(c) A federally regulated appraisal management company, except as related to the information and fees collected by the department that is to be transmitted to the appraisal subcommittee of the Federal Financial Institutions Examination Council established under section 1004 of the financial institutions regulatory and interest rate control act of 1978, Public Law 95-630, 12 USC 3303.
History:
Add. 2012, Act 505, Eff. Apr. 1, 2014 ;-- Am. 2020, Act 250, Imd. Eff. Dec. 22, 2020
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 26A - (339.2661...339.2677) › Section 339.2665 - Licensure as Appraisal Management Company; Application; Form; Information; Fee; National Registry Information and Fees.

339.2665 Licensure as appraisal management company; application; form; information; fee; national registry information and fees.
Sec. 2665.
(1) A person seeking licensure as an appraisal management company under this article shall submit to the department a license application, in the form prescribed by the department, that includes all of the following information:
(a) The applicant's name.
(b) The street address of the applicant's principal place of business. The department shall not accept an application that includes only a post office box as an address.
(c) Telephone contact information concerning the applicant.
(d) The name and contact information for the applicant's agent for service of process in this state.
(e) The name, address, and contact information for any individual or any corporation, partnership, or other business entity that owns 10% or more of the appraisal management applicant.
(f) The name, address, and contact information for any controlling person of the applicant.
(g) A certification that the applicant has the system and process described in section 2673(1) in place.
(h) A certification that the applicant has the system described in section 2673(2)(b) in place.
(i) A certification that the applicant maintains the detailed record of each service request described in section 2673(3).
(j) A completed irrevocable consent to service of process, in the form prescribed by the department, executed on behalf of the applicant.
(k) Any other information that is reasonably required by the department to process the application.
(2) An applicant for licensure shall include with the application submitted under subsection (1) the license fee described in section 38a of the state license fee act, 1979 PA 152, MCL 338.2238a.
(3) An applicant for licensure or a federally regulated appraisal management company shall provide the department with any national registry information and fees required by the appraisal subcommittee of the Federal Financial Institutions Examination Council under section 1109 of the financial institutions reform, recovery, and enforcement act of 1989, Public Law 101-73, 12 USC 3338.
History:
Add. 2012, Act 505, Eff. Apr. 1, 2014 ;-- Am. 2020, Act 250, Imd. Eff. Dec. 22, 2020
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 26A - (339.2661...339.2677) › Section 339.2669 - Licensure; Issuance; Prohibitions; Certificate; Term; Expiration.

339.2669 Licensure; issuance; prohibitions; certificate; term; expiration.
Sec. 2669.
(1) The department shall not issue a license under this article to a person applying for licensure as an appraisal management company if the person does not meet the requirements of sections 2665 and 2667.
(2) If the department issues a license as an appraisal management company under this article, the department shall provide the licensee a license certificate.
(3) The term of a license under this article is 3 years. The department may grant a shorter term for an initial license under this article so that all licenses issued under this article expire on the same date. The department shall include the expiration date of an appraisal management company's license on its license certificate.
History:
Add. 2012, Act 505, Eff. Apr. 1, 2014
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 26A - (339.2661...339.2677) › Section 339.2670 - List of Licensees and Federally Regulated Appraisal Management Companies; Remittance of Fees.

339.2670 List of licensees and federally regulated appraisal management companies; remittance of fees.
Sec. 2670.
Not less than monthly, the department shall compile a list of appraisal management company licensees and federally regulated appraisal management companies under this article, provide it to the appraisal subcommittee of the Federal Financial Institutions Examination Council as required by section 1109 of the financial institutions reform, recovery, and enforcement act of 1989, Public Law 101-73, 12 USC 3338, and remit the appropriate fee under section 38a of the state license fee act, 1979 PA 152, MCL 338.2238a.
History:
Add. 2020, Act 250, Imd. Eff. Dec. 22, 2020
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 26A - (339.2661...339.2677) › Section 339.2673 - Ensuring Certain System and Process in Place; Annual Certification by Appraisal Management Company.

339.2673 Ensuring certain system and process in place; annual certification by appraisal management company.
Sec. 2673.
(1) An appraisal management company licensed under this article shall certify to the department on an annual basis, on a form prescribed by the department, that it has a system and process in place to do both of the following:
(a) Verify that an individual the company is adding to its appraiser panel is licensed under article 26.
(b) Ensure that the appraisal management company, in engaging an appraiser, selects an appraiser who is independent of the transaction and who has the requisite education, expertise, and experience necessary to competently complete the appraisal assignment for the particular market and property type.
(2) An appraisal management company licensed under this article shall certify to the department on an annual basis, on a form prescribed by the department, that it meets both of the following:
(a) Directs appraisers to perform an assignment in accordance with the uniform standards of professional appraisal practice.
(b) Has a system in place to periodically review the work of appraisers who perform real estate appraisal services for the company to verify that the real estate appraisal services are being conducted in accordance with the uniform standards of professional appraisal practice.
(3) An appraisal management company licensed under this article shall certify to the department on an annual basis, on a form prescribed by the department, that it maintains a detailed record of each service request that it receives and the identity of the independent appraiser that performs the real estate appraisal services for the appraisal management company. An appraisal management company shall retain the records described in this subsection for at least 5 years.
(4) An appraisal management company licensed under this article shall certify to the department on a biannual basis, on a form prescribed by the department, that it has a system in place to verify that each individual on its appraiser panel has not had his or her license as an appraiser refused, denied, canceled, revoked, or surrendered in lieu of a pending revocation in the 24 months preceding the date of the company's certification under this subsection.
(5) An appraisal management company licensed under this article shall certify to the department on an annual basis, on a form prescribed by the department, that it has a system in place to conduct its appraisal management services in accordance with the requirements of section 129E(a) to (i) of the truth in lending act, 15 USC 1639e(a) to (i), and regulations promulgated under that act.
History:
Add. 2012, Act 505, Eff. Apr. 1, 2014 ;-- Am. 2020, Act 250, Imd. Eff. Dec. 22, 2020
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 26A - (339.2661...339.2677) › Section 339.2675 - Conduct Subject to Penalties; Exceptions.

339.2675 Conduct subject to penalties; exceptions.
Sec. 2675.
(1) Except as provided in subsection (2), an employee, director, officer, or agent of an appraisal management company licensed under this article that influences or attempts to influence the development, reporting, or review of an appraisal through coercion, extortion, collusion, compensation, instruction, inducement, intimidation, or bribery or in any other manner, including, but not limited to, any of the following, is subject to the penalties under article 6:
(a) Withholding or threatening to withhold timely payment for an appraisal.
(b) Withholding or threatening to withhold future business for an independent appraiser.
(c) Demoting or terminating or threatening to demote or terminate an independent appraiser.
(d) Promising an independent appraiser, either expressly or by implication, future business, promotions, or increased compensation.
(e) Conditioning a request for an appraisal service or the payment of an appraisal fee or salary or bonus on reaching a particular opinion, conclusion, or valuation or on a preliminary estimate or opinion requested from an independent appraiser.
(f) Requesting that an independent appraiser provide an estimated, predetermined, or desired valuation in an appraisal report, or provide estimated values or comparable sales at any time before the independent appraiser's completion of an appraisal service.
(g) Providing to an independent appraiser an anticipated, estimated, encouraged, or desired value for a subject property or a proposed or target amount of a loan to a borrower. However, this subdivision does not prohibit providing a copy of a sales contract for a purchase transaction to the appraiser.
(h) Providing an independent appraiser, or a person related to the appraiser, stock or other financial or nonfinancial benefits.
(i) Removing an independent appraiser from an appraiser panel without prior written notice to that appraiser.
(j) Doing any other act or practice that impairs or attempts to impair an appraiser's independence, objectivity, or impartiality.
(2) Subsection (1) does not prohibit, and shall not be construed to prohibit, an appraisal management company from requesting that an independent appraiser do any of the following:
(a) Provide additional information about the basis for a valuation.
(b) Correct objective factual errors in an appraisal report.
(c) Consider additional verifiable information that was not previously known or considered by the appraiser in completing the valuation or appraisal.
History:
Add. 2012, Act 505, Eff. Apr. 1, 2014
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 26A - (339.2661...339.2677) › Section 339.2677 - Removal of Independent Appraiser From Appraiser Panel; Requirements; Complaint; Determination by Department.

339.2677 Removal of independent appraiser from appraiser panel; requirements; complaint; determination by department.
Sec. 2677.
(1) An appraisal management company shall not remove an appraiser from its appraiser panel, or otherwise refuse to assign requests for real estate appraisal services to an independent appraiser, without doing all of the following:
(a) Not less than 10 business days before the removal of the appraiser, notifying the appraiser in writing of all of the following, as applicable:
(i) The reasons why the appraiser will be removed from the panel.
(ii) If the appraiser will be removed from the panel for illegal conduct, a violation of the uniform standards of professional appraisal practice, or a violation of state licensing standards, the nature of the alleged conduct or violation.
(b) Providing an opportunity for the appraiser to respond to the company's notification or notifications under subdivision (a).
(2) If an appraisal management company removes an independent appraiser from its appraiser panel for alleged illegal conduct, an alleged violation of the uniform standards of professional appraisal practice, or an alleged violation of state licensing standards, the appraiser may file a complaint with the department for a review of the decision of the appraisal management company. In its consideration of the complaint, the department may not make any determination regarding the nature of the business relationship between the appraiser and the appraisal management company that is unrelated to the alleged conduct or violation.
History:
Add. 2012, Act 505, Eff. Apr. 1, 2014 ;-- Am. 2020, Act 250, Imd. Eff. Dec. 22, 2020
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 27 - (339.2701...339.2721) › Section 339.2701-339.2721 - Repealed. 1988, Act 463, Eff. Sept. 1, 1989;—repealed. 2014, Act 156, Imd. Eff. June 11, 2014.

339.2701-339.2721 Repealed. 1988, Act 463, Eff. Sept. 1, 1989;—Repealed. 2014, Act 156, Imd. Eff. June 11, 2014.
Compiler's Notes:
The repealed sections pertained to registration requirements for ocularists.
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 29 - (339.2901...339.2919) › Section 339.2901-339.2919 - Repealed. 2014, Act 151, Eff. June 24, 2014.

339.2901-339.2919 Repealed. 2014, Act 151, Eff. June 24, 2014.
Compiler's Notes:
The repealed sections pertained to creation of board of auctioneers and registration requirements for auctioneers.
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 407 of 2016 - Skilled Trades Regulation Act (339.5101 - 339.6133) › Article 1 - Short Title, Definitions, and Effects of Former Acts (339.5101...339.5109) › Section 339.5101 - Short Title.

339.5101 Short title.
Sec. 101.
This act shall be known and may be cited as the "skilled trades regulation act".
History:
2016, Act 407, Eff. Apr. 4, 2017
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 407 of 2016 - Skilled Trades Regulation Act (339.5101 - 339.6133) › Article 1 - Short Title, Definitions, and Effects of Former Acts (339.5101...339.5109) › Section 339.5103 - Definitions; a to D.

339.5103 Definitions; A to D.
Sec. 103.
As used in this act:
(a) "Administrative procedures act of 1969" means the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(b) "Armed forces" means the United States Army, Air Force, Navy, Marine Corps, Space Force, or Coast Guard or other military force designated by Congress as a part of the Armed Forces of the United States, including the reserve components.
(c) "Board" means, in each article of this act that is related to a specific occupation or occupations, the board that is created in that article and composed principally of members of the regulated occupation or occupations, or the commission or other agency that is defined in or designated as the board for purposes of that article. In this article, "board" means any board created or agency designated as a board under any other article of this act.
(d) "Board files" means the records, memoranda, opinions, minutes, and similar written materials that were formerly in the physical possession and control of a board abolished by this act and the records, memoranda, opinions, minutes, and similar written materials of a board created under this act.
(e) "Censure" means an expression of disapproval of a licensee's or registrant's professional conduct, whether or not the conduct is a violation of this act or a rule promulgated or an order issued under this act.
(f) "Charitable organization" means a not-for-profit tax-exempt religious, educational, or humane organization.
(g) "Citation" means that term as described in section 537.
(h) "Competence" means a degree of expertise that enables an individual to engage in an occupation at a level that meets or exceeds minimal standards of acceptable practice for the occupation.
(i) "Complaint" means an oral or written grievance.
(j) "Completed application" means an application that is complete on its face and submitted with any applicable licensing or permit fees and any other information, records, approval, security, or similar item required by law or rule from a local unit of government, a federal agency, or a private entity but not from another department or agency of this state.
(k) "Contested case hearing" means a hearing under chapter 4 of the administrative procedures act of 1969, MCL 24.271 to 24.288, as authorized under chapter 5 of the administrative procedures act of 1969, MCL 24.291 to 24.292.
(l) "Department" means the department of licensing and regulatory affairs.
(m) "Dependent" means a spouse, surviving spouse, child under 26 years of age, or surviving child under 26 years of age.
(n) "Director" means the director of the department of licensing and regulatory affairs or his or her authorized representative.
(o) "Disability" means an infirmity that prevents a board member from performing a duty assigned to the board member.
History:
2016, Act 407, Eff. Apr. 4, 2017 ;-- Am. 2021, Act 24, Eff. Sept. 7, 2021
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 407 of 2016 - Skilled Trades Regulation Act (339.5101 - 339.6133) › Article 1 - Short Title, Definitions, and Effects of Former Acts (339.5101...339.5109) › Section 339.5107 - Definitions; M to V.

339.5107 Definitions; M to V.
Sec. 107.
As used in this act:
(a) "Michigan building code" means part 4 of the state construction code, R 408.30401 to R 408.30499 of the Michigan Administrative Code.
(b) "Michigan electrical code" means part 8 of the state construction code, R 408.30801 to R 408.30873 of the Michigan Administrative Code.
(c) "Michigan mechanical code" means part 9A of the state construction code, R 408.30901a to R 408.30996 of the Michigan Administrative Code.
(d) "Michigan plumbing code" means part 7 of the state construction code, R 408.30701 to R 408.30792 of the Michigan Administrative Code.
(e) "Municipality" means a city, village, or township.
(f) "Occupation" means a field of endeavor regulated under this act.
(g) "Person" means an individual, sole proprietorship, partnership, association, limited liability company, corporation, or common law trust or a combination of those legal entities. Person includes a department, board, school, institution, establishment, or governmental entity.
(h) "Probation" means a sanction that permits a board to evaluate over a period of time a licensee's fitness to practice an occupation regulated under this act while the licensee continues to practice the occupation.
(i) "Public access" means the right of a person to view and copy files under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(j) "Rule" means a rule promulgated under the administrative procedures act of 1969.
(k) "State construction code" means the rules promulgated by the state construction code commission under section 4 of the Stille-DeRossett-Hale single state construction code act, MCL 125.1504, R 408.30101 to R 408.31194 of the Michigan Administrative Code, including each part of that code that is of limited application, and any modification of or amendment to those rules.
(l) "Stille-DeRossett-Hale single state construction code act" means 1972 PA 230, MCL 125.1501 to 125.1531.
(m) "Uniformed services" means the Commissioned Corps of the United States Public Health Service and the National Oceanic and Atmospheric Administration Commissioned Officer Corps.
(n) "Veteran" means that term as defined in section 1 of 1965 PA 190, MCL 35.61.
History:
2016, Act 407, Eff. Apr. 4, 2017 ;-- Am. 2021, Act 24, Eff. Sept. 7, 2021
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 407 of 2016 - Skilled Trades Regulation Act (339.5101 - 339.6133) › Article 1 - Short Title, Definitions, and Effects of Former Acts (339.5101...339.5109) › Section 339.5109 - License, Registration, or Certification Issued Under Former Act; Board Created Under Former Act; Rules Promulgated Under Former Act; Proceedings Pending Under Authority of Former Act; Reference to Former Act.

339.5109 License, registration, or certification issued under former act; board created under former act; rules promulgated under former act; proceedings pending under authority of former act; reference to former act.
Sec. 109.
(1) A person that holds a license, registration, or certification issued under a former act on the day immediately preceding the effective date of this act is considered licensed, registered, or certified under this act until that license, registration, or certification expires, and the person may renew that license, registration, or certification in the manner described in this act.
(2) A board created in a former act shall continue as a board under this act, subject to the provisions of this act. The members of a board created under a former act serve as the initial members of the equivalent board under this act until their successors are appointed under this act or until the expiration of their respective terms, whichever occurs first.
(3) Rules promulgated by the department or by a board under a former act and in effect on the day immediately preceding the effective date of this act continue in effect to the extent that they do not conflict with this act. The rules shall be enforced by and may be amended or rescinded by the department or a board under this act.
(4) Any proceedings pending before the electrical administrative board under the authority of former 1956 PA 217, the board of mechanical rules under the authority of former 1984 PA 192, the board of boiler rules under the authority of former 1965 PA 290, the building officials advisory board under the authority of former 1986 PA 54, or the state plumbing board under the authority of former 2002 PA 733 shall be continued and be conducted and determined in accordance with that former act.
(5) A reference in any other law of this state to a former act is considered a reference to this act.
History:
2016, Act 407, Eff. Apr. 4, 2017
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 407 of 2016 - Skilled Trades Regulation Act (339.5101 - 339.6133) › Article 2 - Issuance of Licenses (339.5201...339.5223) › Section 339.5201 - License; Application; Form; Fees; Requirements for Issuance of License; Expiration Date; Proof of Licensure and Government-Issued Photo Identification; Definitions.

339.5201 License; application; form; fees; requirements for issuance of license; expiration date; proof of licensure and government-issued photo identification; definitions.
Sec. 201.
(1) A person shall apply for a license under this act on an application form provided by the department and must include with the application the appropriate fees established by rules promulgated by the department under section 207. Subject to the exceptions described in section 203, the department shall issue a license to a person that meets the licensure requirements set forth in a specific article of this act and in rules promulgated under this act.
(2) The department shall establish the expiration date of licenses issued under this act by rule promulgated by the department under section 207. However, the department shall not issue, and the rules shall not permit, the issuance of a permanent license.
(3) At the request of a building official, inspector, or employee of an enforcing agency, acting in his or her official capacity, an individual who is licensed under this act must present to that building official, inspector, or employee proof of licensure and a government-issued photo identification. As used in this subsection:
(a) "Building official" means that term as defined in section 1001.
(b) "Inspector" means that term as defined in section 1003.
History:
2016, Act 407, Eff. Apr. 4, 2017 ;-- Am. 2018, Act 151, Eff. Aug. 14, 2018
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 407 of 2016 - Skilled Trades Regulation Act (339.5101 - 339.6133) › Article 2 - Issuance of Licenses (339.5201...339.5223) › Section 339.5202 - Preliminary Determination; Procedure; Effect.

339.5202 Preliminary determination; procedure; effect.
Sec. 202.
(1) The department shall establish a procedure that allows an individual to obtain a preliminary determination from the department concerning whether any court judgments against him or her would likely result in a denial of a license or registration for failing to meet the good moral character requirement for that license or registration.
(2) All of the following apply for purposes of subsection (1):
(a) To obtain a preliminary determination under this section, an individual must file a request that meets all of the following:
(i) Is submitted on a form provided by the department.
(ii) Identifies the license or registration for which he or she may apply.
(iii) Includes a detailed description of any criminal proceedings that resulted in a judgment against him or her.
(iv) Includes the nonrefundable fee required by the department.
(b) The department shall only consider the information provided by an individual under subdivision (a)(ii) and (iii) in making a preliminary determination.
(c) A preliminary determination under this section that is adverse to an individual does not prevent the individual from subsequently applying for a license or registration.
(d) The department or a board is not bound by a preliminary determination under this section if the individual applies for a license or registration under this act.
(e) The issuance of a preliminary determination under this section does not limit the authority of the department to review applications for a license or registration, or to issue or deny a license or registration.
(f) The department shall notify an individual of a preliminary determination by delivering a preliminary determination letter to the individual, in a form determined by the department.
(3) An individual shall not request more than 1 preliminary determination under this section in any 120-day period.
History:
Add. 2018, Act 454, Eff. Mar. 21, 2019
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 407 of 2016 - Skilled Trades Regulation Act (339.5101 - 339.6133) › Article 2 - Issuance of Licenses (339.5201...339.5223) › Section 339.5203 - License; Issuance Upon Demonstration of Unfair and Inadequate Requirements; Fees; License With Limitation; Notice; Approval or Disapproval; Review.

339.5203 License; issuance upon demonstration of unfair and inadequate requirements; fees; license with limitation; notice; approval or disapproval; review.
Sec. 203.
(1) The department may issue a license to an individual under a specific article of this act if the individual demonstrates to the satisfaction of the department and a board, in the manner required under article 5, that the licensure requirements do not constitute a fair and adequate measure of the individual's knowledge and skills or that a required examination for receipt of a license does not serve as an adequate basis for determining whether an individual could perform an occupation with competence.
(2) The department shall not issue and a person shall not receive a license under this act until the person pays the appropriate fees established by rule promulgated by the department under section 207.
(3) The department may issue a license under this act with a limitation. If the department intends to impose a limitation on the issuance of a license of a person under a specific article of this act, the department shall notify the appropriate board of its intent, and the department may impose the limitation only with the approval of that board. However, if a board, within 60 days after it receives notification by the department under this subsection, does not approve or disapprove of the imposition of the limitation, the department may impose the limitation. A person that receives a license with a limitation may receive a review of the decision to place the limitation under section 533.
History:
2016, Act 407, Eff. Apr. 4, 2017
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 407 of 2016 - Skilled Trades Regulation Act (339.5101 - 339.6133) › Article 2 - Issuance of Licenses (339.5201...339.5223) › Section 339.5207 - Rules.

339.5207 Rules.
Sec. 207.
(1) The department, in consultation with the appropriate board, shall promulgate any rules it considers necessary and appropriate to implement and administer articles 1 to 6 and to enable the department to fulfill its responsibilities under this act.
(2) The department, in consultation with the appropriate board, shall promulgate rules to establish the fees for licenses, examinations, and inspections. The fees shall reflect the actual costs and expenses of the department in issuing licenses and conducting inspections. The fees in effect on the day immediately preceding the effective date of this act shall continue in effect until the department promulgates rules under this subsection. This subsection does not apply to any specific fee if the amount of that fee is established in this act.
(3) The department, in consultation with the appropriate board, shall promulgate rules to establish the fee schedules for other items, including, but not limited to, variance requests, product approvals, or special inspections. The fees shall reflect the actual costs and expenses of the department for those items.
(4) The department may promulgate rules to set the minimal standards of acceptable practice for an occupation.
History:
2016, Act 407, Eff. Apr. 4, 2017
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 407 of 2016 - Skilled Trades Regulation Act (339.5101 - 339.6133) › Article 2 - Issuance of Licenses (339.5201...339.5223) › Section 339.5209 - Examination or Test; Review and Approval of Form and Content; Administering, Scoring, and Monitoring; Providing Equipment, Examination Room, Form, and Other Items; Agreement.

339.5209 Examination or test; review and approval of form and content; administering, scoring, and monitoring; providing equipment, examination room, form, and other items; agreement.
Sec. 209.
(1) Before an examination or other test required under this act is administered and except as otherwise provided in this act, the department and the appropriate board, acting jointly, shall review and approve the form and content of the examination or other test. The examination or test shall be structured to provide a measure of whether an individual has sufficient knowledge and skills to perform an occupation with competence.
(2) Except as otherwise provided in this act, subject to subsection (4), the department shall administer, score, and monitor an examination or test under this section.
(3) Except as otherwise provided in this act, subject to subsection (4), the department shall provide the equipment, examination room, written form, and any other item needed to administer an examination or test under this section.
(4) The department may enter into an agreement with an entity that is not an agency of a state or the federal government that authorizes the entity to fulfill the department's responsibilities under subsection (2) or (3). The department shall promulgate any rules it considers appropriate to implement and administer this subsection.
History:
2016, Act 407, Eff. Apr. 4, 2017
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 407 of 2016 - Skilled Trades Regulation Act (339.5101 - 339.6133) › Article 2 - Issuance of Licenses (339.5201...339.5223) › Section 339.5211 - Files of Board; Control and Physical Possession by Department.

339.5211 Files of board; control and physical possession by department.
Sec. 211.
The department shall have control over and physical possession of the board files of each board. The department shall ensure that applicable laws concerning public access to the board files are met.
History:
2016, Act 407, Eff. Apr. 4, 2017
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 407 of 2016 - Skilled Trades Regulation Act (339.5101 - 339.6133) › Article 2 - Issuance of Licenses (339.5201...339.5223) › Section 339.5213 - Office Services; Administrative and Secretarial Staff, Clerks, and Employees; Powers of Department.

339.5213 Office services; administrative and secretarial staff, clerks, and employees; powers of department.
Sec. 213.
(1) The department shall furnish office services to each board and perform managerial, administrative, and budgetary functions for each board.
(2) The department shall appoint administrative and secretarial staff, clerks, and employees necessary for the proper exercise of the powers and duties of a board.
(3) The department, subject to any limitations imposed by the civil service commission, may fire, suspend, promote, demote, or transfer an individual who is providing administrative or secretarial service for a board.
History:
2016, Act 407, Eff. Apr. 4, 2017
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 407 of 2016 - Skilled Trades Regulation Act (339.5101 - 339.6133) › Article 2 - Issuance of Licenses (339.5201...339.5223) › Section 339.5215 - Orientation Program for Board Member.

339.5215 Orientation program for board member.
Sec. 215.
The department shall provide a comprehensive orientation program for each individual who is appointed and confirmed as a member of a board.
History:
2016, Act 407, Eff. Apr. 4, 2017
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 407 of 2016 - Skilled Trades Regulation Act (339.5101 - 339.6133) › Article 2 - Issuance of Licenses (339.5201...339.5223) › Section 339.5217 - Annual Report.

339.5217 Annual report.
Sec. 217.
The department shall prepare and publish an annual report describing the activities of the department and each board. The annual report shall be filed with the governor and the legislature.
History:
2016, Act 407, Eff. Apr. 4, 2017
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 407 of 2016 - Skilled Trades Regulation Act (339.5101 - 339.6133) › Article 2 - Issuance of Licenses (339.5201...339.5223) › Section 339.5221 - Records Unavailable From Foreign Country; Examination or Application for Reciprocal License; Required Documents.

339.5221 Records unavailable from foreign country; examination or application for reciprocal license; required documents.
Sec. 221.
If the records of an applicant for licensure under this act related to the education or experience required under a specific article of this act are unavailable from a foreign country, the applicant may, with the approval of the board and the department, take an examination or apply for a reciprocal license after submitting all of the following to the department:
(a) A notarized affidavit approved by the department that states the total number of years of education received, the name of the school or schools attended, the dates each school was attended, the degree obtained, the courses taken, the grades received, and the names of each former employer of the applicant.
(b) A notarized statement approved by the department from a governmental official testifying to the unavailability of the necessary records.
History:
2016, Act 407, Eff. Apr. 4, 2017
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 407 of 2016 - Skilled Trades Regulation Act (339.5101 - 339.6133) › Article 3 - Boards Generally (339.5301...339.5323) › Section 339.5301 - Board; Composition; Membership; Qualifications.

339.5301 Board; composition; membership; qualifications.
Sec. 301.
Unless otherwise provided in a specific article of this act, all of the following apply to a board:
(a) A board shall consist of 9 voting members, as follows:
(i) Six of the members of a board shall be individuals who have a license or registration in the occupation or occupations that the board monitors.
(ii) Three members of a board shall represent the general public.
(iii) The director is an ex officio member without vote of a board, but is not a member for purposes of section 5 of article V of the state constitution of 1963 or for determining a quorum.
(b) A member of a board, in addition to fulfilling the requirements set forth in a specific article, shall be at least 18 years old and a resident of this state.
History:
2016, Act 407, Eff. Apr. 4, 2017
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 407 of 2016 - Skilled Trades Regulation Act (339.5101 - 339.6133) › Article 3 - Boards Generally (339.5301...339.5323) › Section 339.5303 - Board; Appointment and Nominations.

339.5303 Board; appointment and nominations.
Sec. 303.
Unless otherwise provided in a specific article of this act, each of the following applies to the appointment of board members:
(a) The governor shall appoint an individual as a member of a board with the advice and consent of the senate, including an individual appointed to fill a vacancy on a board.
(b) In making an appointment, the governor shall seek nominations from a wide range of interested groups and persons, including appropriate professional associations, consumer associations, labor unions, and other organizations or individuals.
History:
2016, Act 407, Eff. Apr. 4, 2017
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 407 of 2016 - Skilled Trades Regulation Act (339.5101 - 339.6133) › Article 3 - Boards Generally (339.5301...339.5323) › Section 339.5305 - Board; Terms; Vacancy; Removal.

339.5305 Board; terms; vacancy; removal.
Sec. 305.
Unless otherwise provided in a specific article of this act, all of the following apply to the members of a board:
(a) Except for a member described in subdivision (b), the term of a member who is appointed to a board is 4 years.
(b) An individual who is appointed to fill a vacancy on a board that is the result of a member's resignation, death, disability, or removal for cause by the governor shall serve for the balance of the term of the member he or she replaced and he or she may be reappointed for not more than 2 full terms.
(c) A vacancy is filled in the same manner as the original appointment was made. The governor shall appoint an individual as a member of a board, subject to the advice and consent of the senate under section 303, within 60 days after a vacancy occurs and within 60 days after the senate disapproves an appointment by the governor.
(d) The governor may remove a member of a board under section 10 of article V of the state constitution of 1963.
(e) Except as provided in subdivision (b), the governor shall not appoint an individual to serve for more than 2 consecutive terms.
(f) Of the initial members of a board created or first appointed, the terms of 3 of the members, including 2 of the members who have a license in an occupation that the board monitors and 1 of the members representing the general public, is 4 years; the terms of 2 of the members, including 1 of the members who has a license in an occupation that the board monitors and 1 of the members representing the general public, is 3 years; the terms of 2 of the members, including 1 of the members who has a license in an occupation that the board monitors and 1 of the members who represents the general public, is 2 years; and the terms of the remaining members are 1 year.
History:
2016, Act 407, Eff. Apr. 4, 2017
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 407 of 2016 - Skilled Trades Regulation Act (339.5101 - 339.6133) › Article 3 - Boards Generally (339.5301...339.5323) › Section 339.5307 - Board; Commencement of Term.

339.5307 Board; commencement of term.
Sec. 307.
The term of office of a member of a board shall commence on July 31 of the year he or she is appointed to the board.
History:
2016, Act 407, Eff. Apr. 4, 2017
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 407 of 2016 - Skilled Trades Regulation Act (339.5101 - 339.6133) › Article 3 - Boards Generally (339.5301...339.5323) › Section 339.5309 - Board; Compensation and Expenses.

339.5309 Board; compensation and expenses.
Sec. 309.
Annually, the legislature shall fix the per diem compensation of a member of a board. Travel or other expenses incurred by a member of a board in the performance of an official function is payable by the department under the standardized travel regulations of the department of technology, management, and budget.
History:
2016, Act 407, Eff. Apr. 4, 2017
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 407 of 2016 - Skilled Trades Regulation Act (339.5101 - 339.6133) › Article 3 - Boards Generally (339.5301...339.5323) › Section 339.5311 - Board; Meetings.

339.5311 Board; meetings.
Sec. 311.
Unless otherwise provided in a specific article of this act, all of the following apply to the meetings of a board:
(a) A board shall meet as often as necessary to fulfill its duties under this act, but shall meet at least 2 times a year and at other dates set by the director.
(b) In addition to the meetings described in subdivision (a), special meetings of a board may be called by the chairperson or by a majority of members of the board. The department shall notify the members of the board of a special meeting at least 12 days before the date of the meeting.
(c) A majority of the members appointed and serving on a board constitute a quorum.
(d) A member of a board shall not vote by proxy.
(e) A board shall conduct its meetings pursuant to the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
History:
2016, Act 407, Eff. Apr. 4, 2017
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 407 of 2016 - Skilled Trades Regulation Act (339.5101 - 339.6133) › Article 3 - Boards Generally (339.5301...339.5323) › Section 339.5313 - Board; Operation.

339.5313 Board; operation.
Sec. 313.
Unless otherwise provided in a specific article of this act, all of the following apply to the operation of a board:
(a) Annually a board shall elect a chairperson, a vice-chairperson, and any other officers the board determines are necessary. A board may fill a vacancy in an office of the board for the balance of the 1-year term.
(b) A board may adopt bylaws for the regulation of its internal affairs.
(c) A board shall report its activities to the department annually and as often as the director orders.
History:
2016, Act 407, Eff. Apr. 4, 2017