reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 403 of 2004 - Michigan Unarmed Combat Regulatory Act (338.3601 - 338.3663) › 403-2004-4 - Chapter 4 (338.3640...338.3649a) › Section 338.3646 - Issuance of License or Renewal; Petition to Review.

338.3646 Issuance of license or renewal; petition to review.
Sec. 46.
(1) A person seeking a license or renewal under this act may petition the department and the commission for a review if that person does not receive a license or renewal.
(2) A petition submitted under subsection (1) shall be in writing and shall set forth the reasons the petitioner feels the licensure or renewal should be issued.
(3) In considering a petition submitted under subsection (1), the department and the commission may administer an alternative form of testing to the petitioner or conduct a personal interview with the petitioner, or both.
(4) The department may issue a license or renewal if, based on a review of the qualifications of the person who submitted a petition under subsection (1), the department and the commission determine that the person could perform the licensed activity with competence.
(5) Notwithstanding any other provision of this act, if a written grievance was lodged before the effective date of this act against a person licensed under an act repealed by this act, the proceedings on that grievance shall be conducted in the manner prescribed in the repealed act.
History:
2004, Act 403, Eff. Feb. 20, 2005
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 403 of 2004 - Michigan Unarmed Combat Regulatory Act (338.3601 - 338.3663) › 403-2004-4 - Chapter 4 (338.3640...338.3649a) › Section 338.3649 - Violation of Act, Rule, or Order; Actions by Department; Reimbursement for Expenses; Injunctive Action; Other Remedies.

338.3649 Violation of act, rule, or order; actions by department; reimbursement for expenses; injunctive action; other remedies.
Sec. 49.
(1) If a person that holds a license under this act violates this act or a rule or order promulgated or issued under this act, the department may take 1 or more of the following actions:
(a) Suspend the person's license.
(b) Deny the renewal of the person's license.
(c) Revoke the person's license.
(d) Assess an administrative fine.
(e) Censure the licensee.
(2) If the department finds that a person that is subject to subsection (1) has violated this act or a rule promulgated under this act, that person is responsible for the department's expenses that are related to the investigation and any disciplinary proceeding for that violation and shall reimburse the department for those expenses. For purposes of this subsection, the department's expenses include, but are not limited to, salaries and benefits of personnel, travel and any other expenses of those personnel, and any other expenses incurred by the department in conducting the investigation and any disciplinary proceeding.
(3) The department may bring an injunctive action in a court of competent jurisdiction to restrain or prevent a person from violating this act. If successful in obtaining injunctive relief, the department is entitled to its costs and reasonable attorney fees.
(4) The penalties and remedies under this section and section 49a are independent and cumulative. The imposition of a remedy or penalty against a person under this section or section 49a does not bar the pursuit of any lawful remedy by that person or the pursuit of a lawful remedy by any other person against that person.
History:
Add. 2015, Act 183, Eff. Feb. 10, 2016
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 403 of 2004 - Michigan Unarmed Combat Regulatory Act (338.3601 - 338.3663) › 403-2004-4 - Chapter 4 (338.3640...338.3649a) › Section 338.3649a - Violation as Misdemeanor; Violation as Felony; Penalty; Costs.

338.3649a Violation as misdemeanor; violation as felony; penalty; costs.
Sec. 49a.
(1) A person that engages in or attempts to engage in an activity for which a license is required under this act, or uses a title designated in this act, without the appropriate license issued by the department under this act is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.
(2) A person that knowingly allows a professional in mixed martial arts or boxing to participate as a contestant in an amateur mixed martial arts contest with an amateur is guilty of a felony punishable by imprisonment for not more than 3 years or a fine of $10,000.00 per incident, or both.
(3) If a court finds in an action under this section or section 49(2) that a person has violated this act or a rule promulgated under this act, that person shall be assessed costs related to the investigation of the violation and costs related to the prosecution of the action. The costs related to the investigation and prosecution include, but are not limited to, salaries and benefits of personnel, costs related to the time spent by the attorney general's office and other personnel working on the action, and any other expenses incurred by the department for the action.
History:
Add. 2015, Act 183, Eff. Feb. 10, 2016
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 403 of 2004 - Michigan Unarmed Combat Regulatory Act (338.3601 - 338.3663) › 403-2004-5 - Chapter 5 (338.3650...338.3658) › Section 338.3651 - Repealed. 2015, Act 183, Eff. Feb. 10, 2016

338.3651 Repealed. 2015, Act 183, Eff. Feb. 10, 2016
Compiler's Notes:
The repealed section pertained participant license.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 403 of 2004 - Michigan Unarmed Combat Regulatory Act (338.3601 - 338.3663) › 403-2004-5 - Chapter 5 (338.3650...338.3658) › Section 338.3652 - Repealed. 2015, Act 183, Eff. Feb. 10, 2016.

338.3652 Repealed. 2015, Act 183, Eff. Feb. 10, 2016.
Compiler's Notes:
The repealed section pertained to examination or training program.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 403 of 2004 - Michigan Unarmed Combat Regulatory Act (338.3601 - 338.3663) › 403-2004-5 - Chapter 5 (338.3650...338.3658) › Section 338.3653 - Repealed. 2015, Act 183, Eff. Feb. 10, 2016.

338.3653 Repealed. 2015, Act 183, Eff. Feb. 10, 2016.
Compiler's Notes:
The repealed section pertained to licensure as professional referee, judge, or timekeeper.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 403 of 2004 - Michigan Unarmed Combat Regulatory Act (338.3601 - 338.3663) › 403-2004-5 - Chapter 5 (338.3650...338.3658) › Section 338.3654 - Repealed. 2015, Act 183, Eff. Feb. 10, 2016.

338.3654 Repealed. 2015, Act 183, Eff. Feb. 10, 2016.
Compiler's Notes:
The repealed section pertained to experience standards for licensure as professional judge.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 403 of 2004 - Michigan Unarmed Combat Regulatory Act (338.3601 - 338.3663) › 403-2004-5 - Chapter 5 (338.3650...338.3658) › Section 338.3655 - Medical and Hospital Expenses.

338.3655 Medical and hospital expenses.
Sec. 55.
(1) A promoter shall insure each contestant who competes in a contest for at least $50,000.00 for medical and hospital expenses related to injuries sustained in the contest or event, payable to the contestant, and for at least $50,000.00 if the contestant dies as a result of injuries received in a contest or event, with the proceeds payable to the contestant's estate.
(2) A promoter shall pay the policy premium and deductible regarding any medical or hospital expenses for a contestant's injuries.
History:
2004, Act 403, Eff. Feb. 20, 2005 ;-- Am. 2007, Act 196, Eff. Mar. 27, 2008 ;-- Am. 2015, Act 183, Eff. Feb. 10, 2016
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 403 of 2004 - Michigan Unarmed Combat Regulatory Act (338.3601 - 338.3663) › 403-2004-5 - Chapter 5 (338.3650...338.3658) › Section 338.3656 - Repealed. 2015, Act 183, Eff. Feb. 10, 2016.

338.3656 Repealed. 2015, Act 183, Eff. Feb. 10, 2016.
Compiler's Notes:
The repealed section pertained to number of rounds, weight of gloves, and certification of physical condition.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 403 of 2004 - Michigan Unarmed Combat Regulatory Act (338.3601 - 338.3663) › 403-2004-5 - Chapter 5 (338.3650...338.3658) › Section 338.3657 - Duties of Physician.

338.3657 Duties of physician.
Sec. 57.
(1) A licensed physician shall attend each contest. The physician shall observe the physical condition of the contestants and advise the referee or judges with regard to the health of those contestants. The physician shall examine each contestant before he or she enters the ring.
(2) The physician described in subsection (1) shall file with the commission the report of the physical examination of each contestant within 24 hours after the contest or event ends.
(3) If, in the opinion of a physician described in subsection (1), the health or safety of a contestant requires the termination of the contest in which he or she is competing, the physician shall notify the referee and the referee shall terminate the contest.
History:
2004, Act 403, Eff. Feb. 20, 2005 ;-- Am. 2007, Act 196, Eff. Mar. 27, 2008 ;-- Am. 2015, Act 183, Eff. Feb. 10, 2016
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 403 of 2004 - Michigan Unarmed Combat Regulatory Act (338.3601 - 338.3663) › 403-2004-5 - Chapter 5 (338.3650...338.3658) › Section 338.3658 - Loss of Consciousness; Physical Examination Required; Cost.

338.3658 Loss of consciousness; physical examination required; cost.
Sec. 58.
(1) If a contestant loses consciousness during or as a result of a contest in which he or she competes, he or she is not eligible to participate in another contest in this state until he or she is examined by a physician appointed by the commission and that physician certifies the contestant's fitness to participate in that contest.
(2) The contestant shall pay the cost of the examination conducted under subsection (1).
History:
2004, Act 403, Eff. Feb. 20, 2005 ;-- Am. 2007, Act 196, Eff. Mar. 27, 2008 ;-- Am. 2015, Act 183, Eff. Feb. 10, 2016
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 403 of 2004 - Michigan Unarmed Combat Regulatory Act (338.3601 - 338.3663) › 403-2004-6 - Chapter 6 (338.3660...338.3663) › Section 338.3660 - Repealed. 2015, Act 183, Eff. Feb. 10, 2016.

338.3660 Repealed. 2015, Act 183, Eff. Feb. 10, 2016.
Compiler's Notes:
The repealed section pertained to repeal of sections.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 403 of 2004 - Michigan Unarmed Combat Regulatory Act (338.3601 - 338.3663) › 403-2004-6 - Chapter 6 (338.3660...338.3663) › Section 338.3661 - Repealed. 2015, Act 183, Eff. Feb. 10, 2016.

338.3661 Repealed. 2015, Act 183, Eff. Feb. 10, 2016.
Compiler's Notes:
The repealed section pertained to authorization of rules under MCL 339.801 to 339.814.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 403 of 2004 - Michigan Unarmed Combat Regulatory Act (338.3601 - 338.3663) › 403-2004-6 - Chapter 6 (338.3660...338.3663) › Section 338.3661a - Trade Secret or Commercial, Financial, or Proprietary Information; Definition.

338.3661a Trade secret or commercial, financial, or proprietary information; definition.
Sec. 61a.
A record or portion of a record, material, information, or other data received, prepared, used, or retained by the department or commission under this act that includes a trade secret or commercial, financial, or proprietary information of a licensee or license applicant, and that the licensee or applicant requests in writing be treated as confidential by the department or commission, is not subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. As used in this section, "trade secret or commercial, financial, or proprietary information" means information that has not been publicly disseminated or that is unavailable from other sources, the release of which might cause the licensee or applicant significant competitive harm.
History:
Add. 2012, Act 546, Imd. Eff. Jan. 2, 2013
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 403 of 2004 - Michigan Unarmed Combat Regulatory Act (338.3601 - 338.3663) › 403-2004-6 - Chapter 6 (338.3660...338.3663) › Section 338.3662 - Repealed. 2015, Act 183, Eff. Feb. 10, 2016.

338.3662 Repealed. 2015, Act 183, Eff. Feb. 10, 2016.
Compiler's Notes:
The repealed section pertained to effective date of act.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 403 of 2004 - Michigan Unarmed Combat Regulatory Act (338.3601 - 338.3663) › 403-2004-6 - Chapter 6 (338.3660...338.3663) › Section 338.3663 - Repealed. 2015, Act 183, Eff. Feb. 10, 2016.

338.3663 Repealed. 2015, Act 183, Eff. Feb. 10, 2016.
Compiler's Notes:
The repealed section pertained to conditional effective date.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 70 of 2005 - On-Line Continuing Education Act (338.3701 - 338.3705) › Section 338.3701 - Short Title.

338.3701 Short title.
Sec. 1.
This act shall be known and may be cited as the "on-line continuing education act".
History:
2005, Act 70, Eff. July 1, 2007
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 70 of 2005 - On-Line Continuing Education Act (338.3701 - 338.3705) › Section 338.3702 - Definitions.

338.3702 Definitions.
Sec. 2.
As used in this act:
(a) "Continuing education" means instructional courses designed to bring participants up to date on a particular area of knowledge or skills.
(b) "License" means a certificate, registration, accreditation, or license issued by an occupational regulatory agency that allows an individual to engage in a regulated occupation or that allows an individual to use a specific title or professional designation in the practice of an occupation, profession, or vocation.
(c) "Occupational regulatory agency" means a department, bureau, or agency of this state that has regulatory authority over a regulated occupation.
(d) "Regulated occupation" means an occupation, profession, or vocation that requires a license as a predicate for the practice of the occupation, profession, or vocation or that provides for the use of a specific title or professional designation in the practice of the occupation, profession, or vocation.
History:
2005, Act 70, Eff. July 1, 2007
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 70 of 2005 - On-Line Continuing Education Act (338.3701 - 338.3705) › Section 338.3703 - Continuing Education as License Renewal Requirement; Credit Earned Through On-Line or Electronic Media.

338.3703 Continuing education as license renewal requirement; credit earned through on-line or electronic media.
Sec. 3.
(1) Except as otherwise provided for in a specific act, or as otherwise required by a rule promulgated before the effective date of this act, concerning a regulated occupation, the occupational regulatory agency requiring a program of continuing education as part of a program of continuing professional competency for renewal of a license shall, to the extent practicable, allow at least 1/2 of the required credit hours of continuing education to be earned through an on-line or electronic media meeting standards acceptable to the occupational regulatory agency.
(2) If the occupational regulatory agency does not allow at least 1/2 of the required credit hours of continuing education to be earned through an on-line or electronic media, the director shall notify the legislative committee of the senate and house of representatives having jurisdiction over licensing matters. The notification shall be in writing and shall explain why on-line or electronic media is not practicable.
(3) This act does not apply to continuing education or training programs offered as part of a licensure, registration, certification, or accreditation program that must be approved by an agency of the federal government.
History:
2005, Act 70, Eff. July 1, 2007
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 70 of 2005 - On-Line Continuing Education Act (338.3701 - 338.3705) › Section 338.3704 - Rules.

338.3704 Rules.
Sec. 4.
Except as otherwise provided by law, an occupational regulatory agency may promulgate rules or amend existing rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to implement this act.
History:
2005, Act 70, Eff. July 1, 2007
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 70 of 2005 - On-Line Continuing Education Act (338.3701 - 338.3705) › Section 338.3705 - Effective Date.

338.3705 Effective date.
Sec. 5.
This act takes effect July 1, 2007.
History:
2005, Act 70, Eff. July 1, 2007
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 370 of 2010 - Michigan Professional Employer Organization Regulatory Act (338.3721 - 338.3747) › Section 338.3721 - Short Title.

338.3721 Short title.
Sec. 1.
This act shall be known and may be cited as the "Michigan professional employer organization regulatory act".
History:
2010, Act 370, Eff. July 1, 2011
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 370 of 2010 - Michigan Professional Employer Organization Regulatory Act (338.3721 - 338.3747) › Section 338.3725 - Professional Employer Agreement; Effect.

338.3725 Professional employer agreement; effect.
Sec. 5.
(1) Neither this act nor a professional employer agreement shall affect, modify, or amend any collective bargaining agreement, or the rights or obligations of any client, PEO, or covered employee under any state or federal act.
(2) Neither this act nor any professional employer agreement shall do any of the following:
(a) Diminish, abolish, or remove rights of covered employees owed to a client or obligations of that client to a covered employee regarding rights or obligations existing prior to the effective date of the professional employer agreement.
(b) Affect, modify, or amend any contractual relationship or restrictive covenant between a covered employee and any client in effect at the time a professional employer agreement becomes effective or that is entered into subsequently between a client and a covered employee.
(3) Neither this act nor any professional employer agreement shall affect, modify, or amend any state, local, or federal licensing, registration, certification, or other regulatory requirement applicable to any client or covered employee. A PEO is not considered to be engaged in any occupation, trade, profession, or other activity that is subject to licensing, registration, or certification requirements, or is otherwise regulated by a governmental entity solely by entering into and maintaining a coemployment relationship with a covered employee who is subject to those requirements or regulations.
(4) Unless otherwise provided by law and with respect to a bid, contract, purchase order, or agreement entered into with the state or a political subdivision of the state, a client company's status or certification as a small, minority-owned, disadvantaged, or woman-owned business enterprise or as a historically underutilized business is not affected due to the client company's execution of an agreement with a PEO or to the use of the services of a PEO.
History:
2010, Act 370, Eff. July 1, 2011
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 370 of 2010 - Michigan Professional Employer Organization Regulatory Act (338.3721 - 338.3747) › Section 338.3729 - Limited License.

338.3729 Limited license.
Sec. 9.
(1) Beginning September 1, 2012, the department may issue a limited PEO license. A PEO seeking limited licensure under this section shall submit to the department a properly executed and completed application on a form provided by the department and include with the application the license fee for limited licensure established by the department.
(2) A PEO is eligible for a limited license if it meets all of the following conditions:
(a) Is domiciled outside this state and is licensed or otherwise regulated as a PEO in another state.
(b) Does not maintain an office in this state or does not directly solicit clients located or domiciled in this state.
(c) Does not have more than 50 covered employees employed or domiciled in this state on any given day.
(3) A limited license is valid for 1 year and may be renewed.
(4) Section 15 does not apply to an applicant for a limited license.
History:
2010, Act 370, Eff. July 1, 2011 ;-- Am. 2011, Act 125, Eff. Jan. 1, 2012
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 370 of 2010 - Michigan Professional Employer Organization Regulatory Act (338.3721 - 338.3747) › Section 338.3731 - List of Licensed Peos; Availability to Public.

338.3731 List of licensed PEOs; availability to public.
Sec. 11.
The department shall maintain a list of PEOs licensed under this act. The list shall be readily available to the public by electronic or other means.
History:
2010, Act 370, Eff. July 1, 2011
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 370 of 2010 - Michigan Professional Employer Organization Regulatory Act (338.3721 - 338.3747) › Section 338.3733 - License Fees; Adjustment; "Detroit Consumer Price Index" Defined.

338.3733 License fees; adjustment; "Detroit consumer price index" defined.
Sec. 13.
(1) The department may charge an application fee for an initial license under this act. The amount of the fee shall be determined by the department and shall not exceed $1,500.00 for an individual license or $1,500.00 for a PEO group license.
(2) Except for an initial license, the term of a license issued under this act is 1 year, beginning on September 1 and expiring on August 31 of the next calendar year.
(3) The department shall issue an initial license under this act for a term from the effective date of that initial license, as determined by the department, to the next August 31 after that effective date or, at the option of the department, to the second August 31 after the effective date. If the effective date of the license is not September 1, the department shall adjust the amount of the annual license fee under subsection (4) for that initial term on a pro rata basis to reflect the length of the initial term, as determined by the department.
(4) Subject to subsection (3), the annual license fee is $1,500.00 for an individual license and $1,500.00 for a PEO group license.
(5) The department may adjust the license fees under this section every 2 years by an amount determined by the state treasurer to reflect the cumulative annual percentage change in the Detroit consumer price index in the preceding 2-year period and rounded to the nearest dollar. As used in this subsection, "Detroit consumer price index" means the most comprehensive index of consumer prices available for the Detroit area by the bureau of labor statistics of the United States department of labor.
History:
2010, Act 370, Eff. July 1, 2011 ;-- Am. 2011, Act 125, Eff. Jan. 1, 2012
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 370 of 2010 - Michigan Professional Employer Organization Regulatory Act (338.3721 - 338.3747) › Section 338.3735 - Working Capital; Requirements.

338.3735 Working capital; requirements.
Sec. 15.
Unless otherwise exempt under this act, beginning September 1, 2012, each PEO or collectively each PEO group shall submit to the department evidence of and maintain either of the following:
(a) A minimum of $100,000.00 in working capital, as defined by generally accepted accounting principles, as reflected in the financial statements submitted to the department with the initial license application and each annual renewal application. A PEO or PEO group with less than $100,000.00 in working capital at renewal has 180 days to eliminate the deficiency in a manner acceptable to the department. During that 180-day period, the PEO or PEO group shall submit quarterly financial statements to the department accompanied by an attestation of the chief executive officer that all wages, taxes, worker's compensation premiums, and employee benefits have been paid by the PEO or members of the PEO group.
(b) A bond, irrevocable letter of credit, or securities with a minimum market value of $100,000.00, acceptable to the department. The bond shall be held by a depository designated by the department to secure payment by the PEO of all taxes, wages, benefits, or other entitlements due to, or regarding, covered employees, if the PEO or PEO group does not make those payments when due. For any PEO or PEO group whose annual financial statements do not indicate positive working capital, the PEO shall provide a bond in the amount of $100,000.00 plus an amount sufficient to cover the deficit in working capital.
History:
2010, Act 370, Eff. July 1, 2011 ;-- Am. 2011, Act 125, Eff. Jan. 1, 2012
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 370 of 2010 - Michigan Professional Employer Organization Regulatory Act (338.3721 - 338.3747) › Section 338.3737 - Professional Employer Agreement; Provisions; Written Notice to Covered Employee Affected by Agreement.

338.3737 Professional employer agreement; provisions; written notice to covered employee affected by agreement.
Sec. 17.
(1) Each professional employer agreement executed on or after September 1, 2012 shall include the following provisions:
(a) The responsibility of the PEO to pay wages to covered employees; to withhold, collect, report and remit payroll-related and unemployment taxes; and, to the extent the PEO has assumed responsibility in the professional employer agreement, to make payments for employee benefits for covered employees. For purposes of this subdivision, wages do not include any obligation between a client and a covered employee for payments beyond, or in addition to, the covered employee's salary, draw, or regular rate of pay, including bonuses, commissions, severance pay, deferred compensation, profit sharing, or vacation, sick, or other paid time off pay, unless the PEO has expressly agreed to assume liability for those payments in the professional employer agreement.
(b) The hiring, disciplining, and termination by the PEO of a covered employee, as necessary to fulfill the PEO's responsibilities under this act and the professional employer agreement. The client may also hire, discipline, and terminate a covered employee.
(c) The responsibility of the client and the PEO to comply with the worker's disability compensation act of 1969, 1969 PA 317, MCL 418.101 to 418.941.
(2) Each professional employer agreement executed on or after September 1, 2012 shall require that the PEO provide written notice to each covered employee affected by the agreement regarding the general nature of the coemployment relationship between and among the PEO, the client, and that covered employee.
History:
2010, Act 370, Eff. July 1, 2011 ;-- Am. 2011, Act 125, Eff. Jan. 1, 2012
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 370 of 2010 - Michigan Professional Employer Organization Regulatory Act (338.3721 - 338.3747) › Section 338.3741 - Prohibited Conduct; Opportunity for Hearing; Penalties.

338.3741 Prohibited conduct; opportunity for hearing; penalties.
Sec. 21.
(1) Beginning September 1, 2012, a person that commits 1 or more of the following is subject to the penalties described in subsection (2):
(a) Practices fraud or deceit in obtaining or renewing a license.
(b) Aids or abets another person in the unlicensed practice of an occupation.
(c) Engages in activities regulated under this section without obtaining a license under this act or demonstrating that the person is exempt from licensure under this act.
(d) If the person is a licensee or an officer of a licensee, is convicted of a crime relating to the operation of a PEO.
(e) Engages in false advertising.
(2) After notice and opportunity for hearing under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, the department shall do 1 or more of the following if it determines that a person violated this act, a rule adopted under this act, or an order issued under this act:
(a) Place a limitation on a license.
(b) Suspend a license.
(c) Deny a license or renewal of a license.
(d) Revoke a license.
(e) Impose an administrative fine to be paid to the department, not to exceed $5,000.00.
(f) Censure the person or license.
(g) Place the licensee on probation.
(h) Require restitution to be made, based on proofs submitted to and findings made by the hearing examiner after a contested case.
History:
2010, Act 370, Eff. July 1, 2011 ;-- Am. 2011, Act 125, Eff. Jan. 1, 2012
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 370 of 2010 - Michigan Professional Employer Organization Regulatory Act (338.3721 - 338.3747) › Section 338.3743 - Violation of Act as Misdemeanor; Penalty.

338.3743 Violation of act as misdemeanor; penalty.
Sec. 23.
Beginning September 1, 2012, a person that knowingly and willfully violates this act, or that aids and abets, directly or indirectly, a violation of this act, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $10,000.00, or both.
History:
2010, Act 370, Eff. July 1, 2011 ;-- Am. 2011, Act 125, Eff. Jan. 1, 2012
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 370 of 2010 - Michigan Professional Employer Organization Regulatory Act (338.3721 - 338.3747) › Section 338.3745 - Rules.

338.3745 Rules.
Sec. 25.
The department shall promulgate consistent and necessary rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, as considered necessary to implement this act.
History:
2010, Act 370, Eff. July 1, 2011
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 370 of 2010 - Michigan Professional Employer Organization Regulatory Act (338.3721 - 338.3747) › Section 338.3747 - Effective Date.

338.3747 Effective date.
Sec. 27.
This act takes effect January 1, 2012.
History:
2010, Act 370, Eff. July 1, 2011 ;-- Am. 2011, Act 125, Eff. Jan. 1, 2012
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 1 - (339.101...339.105) › Section 339.101 - Short Title.

339.101 Short title.
Sec. 101.
This act shall be known and may be cited as the "occupational code".
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980
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.For transfer of rule-making authority of occupational and health occupation boards and related task forces from the department of commerce to the director of the department of consumer and industry services, see E.R.O. No. 1996-2, compiled at MCL 445.2001 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 1 - (339.101...339.105) › Section 339.102 - Meanings of Words.

339.102 Meanings of words.
Sec. 102.
For purposes of this act, the words defined in sections 103 to 105 have the meanings ascribed to them in those sections.
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 1 - (339.101...339.105) › Section 339.103 - Definitions; a to C.

339.103 Definitions; A to C.
Sec. 103.
(1) "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.
(2) "Board" means, in each article that deals with a specific occupation, the agency created in that article composed principally of members of the regulated occupation. In all other contexts, board means each agency created under this act.
(3) "Censure" means an expression of disapproval of a licensee's or registrant's professional conduct, which conduct is not necessarily a violation of this act or a rule promulgated or an order issued under this act.
(4) "Competence" means a degree of expertise that enables a person to engage in an occupation at a level that meets or exceeds minimal standards of acceptable practice for the occupation.
(5) "Complaint" means an oral or written grievance.
(6) "Controlled substance" means a drug, substance, or immediate precursor as set forth in section 7212, 7214, 7216, 7218, or 7220 of the public health code, 1978 PA 368, MCL 333.7212, 333.7214, 333.7216, 333.7218, and 333.7220, not excluded under section 7227 of the public health code, 1978 PA 368, MCL 333.7227.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1994, Act 257, Imd. Eff. July 5, 1994 ;-- Am. 2021, Act 26, Eff. Sept. 7, 2021
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 1 - (339.101...339.105) › Section 339.104 - Definitions; D to K.

339.104 Definitions; D to K.
Sec. 104.
(1) "Department" means the department of licensing and regulatory affairs.
(2) "Dependent" means a spouse, surviving spouse, child under 26 years of age, or surviving child under 26 years of age.
(3) "Director" means the director of the department or his or her authorized representative.
(4) "Disability" means an infirmity that prevents a board member from performing a duty assigned to the board member.
(5) "Files" means the records, memoranda, opinions, minutes, and similar written materials that were formerly in the physical dominion of a board abolished by this act and the records, memoranda, opinions, minutes, and similar written materials of a board created under this act.
(6) "Formal complaint" means a document that states the charges of each alleged violation and is prepared by the department or the department of attorney general after a complaint is received by the department.
(7) "General public" means each individual residing in this state who is 18 years of age or older, other than an individual or the spouse of an individual who is licensed or registered in the occupation or who has a material financial interest in the occupation regulated under the specific article in which the term is used.
(8) "Good moral character" means that term as defined in, and determined under, 1974 PA 381, MCL 338.41 to 338.47.
(9) "Incompetence" means a departure from, or a failure to conform to, minimal standards of acceptable practice for an occupation.
(10) "Knowledge and skill" means the information, education, practical experience, and the facility in applying that information, education, and practical experience.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1996, Act 151, Imd. Eff. Mar. 25, 1996 ;-- Am. 2016, Act 412, Eff. Apr. 4, 2017 ;-- Am. 2020, Act 372, Eff. Apr. 4, 2021 ;-- Am. 2021, Act 26, Eff. Sept. 7, 2021
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 2 - (339.201...339.217) › Section 339.201 - Department of Licensing and Regulation; Appointment of Director; Designation of Persons to Investigate Licensees or Persons Against Whom Complaints Lodged.

339.201 Department of licensing and regulation; appointment of director; designation of persons to investigate licensees or persons against whom complaints lodged.
Sec. 201.
The department shall consist of a director as its executive head and other officers and employees appointed or employed by the department. The director shall be appointed by the governor, subject to the advice and consent of the senate, and shall hold office at the pleasure of the governor. The department shall designate only those persons who meet the qualifications for licensure established for an occupation regulated under article 7, 20, or 22 to investigate licensees or persons against whom complaints have been lodged.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980
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 2 - (339.201...339.217) › Section 339.202 - Licensure or Registration; Application; Form; Fees; Requirements for Issuance of License or Registration; Expiration Date.

339.202 Licensure or registration; application; form; fees; requirements for issuance of license or registration; expiration date.
Sec. 202.
(1) An application for licensure or registration shall be made on a form provided by the department and accompanied by the appropriate fees prescribed in article 4. Except as otherwise provided in this act, the department shall issue a license or registration to a person who meets the licensure or registration requirements set forth in a specific article and in rules promulgated under this act, subject to the exceptions set forth in section 203.
(2) The expiration date of a license or registration issued under this act shall be established by rule promulgated by the department under section 205, which rule shall not permit the issuance of a permanent license or registration.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1988, Act 463, Eff. Sept. 1, 1989
Popular Name:
Act 299
Admin Rule:
R 339.1001 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 2 - (339.201...339.217) › Section 339.202a - Preliminary Determination; Procedure; Effect.

339.202a Preliminary determination; procedure; effect.
Sec. 202a.
(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 455, Eff. Mar. 21, 2019
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 2 - (339.201...339.217) › Section 339.203 - License or Registration; Issuance Upon Demonstration of Unfair or Inadequate Requirements; Review; Fees; Limitation; Notice; Approval or Disapproval; Practice by Person Licensed, Registered, or Certified Under Repealed Act.

339.203 License or registration; issuance upon demonstration of unfair or inadequate requirements; review; fees; limitation; notice; approval or disapproval; practice by person licensed, registered, or certified under repealed act.
Sec. 203.
(1) The department may issue a license or registration to a person pursuant to a specific article, if the person demonstrates to the satisfaction of the department and a board that the licensure or registration requirements do not constitute a fair and adequate measure of the person's knowledge and skills or that a required examination for receipt of a license or registration does not serve as an adequate basis for determining whether a person could perform an occupation with competence. The procedure to be followed in obtaining the review by the director and a board is prescribed in article 5. A person shall not have a license or registration issued under this section until the person pays the appropriate fees as prescribed in article 4.
(2) A license or registration issued under this article may be issued with a limitation. The department shall notify the appropriate board of the department's intent to impose a limitation on the issuance of a license or registration of a person seeking a license or registration in the occupation for which the board serves. The department may impose the limitation only with the approval of the notified board. However, if the notified board, within 60 days after receipt of the notification by the department, neither approves nor disapproves the imposition of a limitation, the department may impose the limitation. A person who receives a license or registration with a limitation may receive a review of the limitation as provided in section 519.
(3) Notwithstanding any other provision of this act, a person licensed, registered, or certified under an act repealed by this act to practice an occupation on the day immediately preceding the effective date of this act shall be considered to be appropriately licensed, registered, or certified under this act until the expiration of the licensure, registration, or certification granted under the repealed act.
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 2 - (339.201...339.217) › Section 339.205 - Promulgation of Rules.

339.205 Promulgation of rules.
Sec. 205.
The department shall promulgate rules to implement articles 1 to 6 and rules which are necessary and appropriate to enable the department to fulfill its role under this act.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name:
Act 299
Admin Rule:
R 285.901.1 et seq.; R 338.551 et seq.; R 338.581 et seq.; R 338.861 et seq.; R 338.881; R 338.1301 et seq.; R 338.1401 et seq.; R 338.1511 et seq.; R 338.1801 et seq.; R 338.1841 et seq.; R 338.1861; R 338.1901 et seq.; R 338.2001 et seq.; R 338.2101 et seq.; R 338.2401 et seq.; R 338.2601 et seq.; R 338.2701 et seq.; R 338.2801 et seq.; R 338.2841 et seq.; R 338.2901 et seq.; R 338.4001 et seq.; R 338.5101 et seq.; R 339.1001 et seq.; R 339.18901 et seq.; R 339.22101 et seq.; R 339.23101 et seq.; R 431.101 et seq.; and R 451.501 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 2 - (339.201...339.217) › Section 339.206 - Examination or Test; Review and Approval of Form and Content; Administration, Scoring, and Monitoring; Providing Equipment, Examination Room, Written Form, and Other Items; Delegation of Duties.

339.206 Examination or test; review and approval of form and content; administration, scoring, and monitoring; providing equipment, examination room, written form, and other items; delegation of duties.
Sec. 206.
(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 a person has sufficient knowledge and skills to perform an occupation with competence.
(2) Except as otherwise provided in this act, the department shall administer, score, and monitor the examination or test, but may delegate any or all of those duties to a board or to any other person.
(3) Except as otherwise provided in this act, the department shall provide the equipment, examination room, written form, and any other item needed to administer the examination or test, but may delegate all or any of these duties to a board or any other person.
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 2 - (339.201...339.217) › Section 339.207 - Licensing or Approval of School, Institution, or Other Person Offering Training or Education; Approval or Recognition of Continuing Education Program; Processing Request Within Certain Period of Time; Recommendation by Board; Request.

339.207 Licensing or approval of school, institution, or other person offering training or education; approval or recognition of continuing education program; processing request within certain period of time; recommendation by board; request.
Sec. 207.
(1) If provided in an article, the department may issue a license to, or grant approval to, a school, institution, or other person offering training or education in an occupation.
(2) If provided in an article, the department may grant approval or recognition to a program of continuing education, unless the approval or recognition of the program is the responsibility of a board.
(3) The department shall process a request under subsection (1) within 90 days after the submission of the completed application in the manner described in section 411(6), which 90-day period includes the time period described in subsection (4) regarding board approval.
(4) A board shall make a recommendation on the licensure or approval or recognition of a school, institution, or other person or a program within 90 days after a request for that recommendation is made by the department.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 2004, Act 264, Imd. Eff. July 23, 2004
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 2 - (339.201...339.217) › Section 339.208 - Files of Board; Physical Dominion; Public Access.

339.208 Files of board; physical dominion; public access.
Sec. 208.
The department shall have physical dominion over the files of each board. The department shall ensure that applicable laws concerning public access to the files are met.
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 2 - (339.201...339.217) › Section 339.209 - Office Services; Administrative and Secretarial Staff, Clerks, and Employees.

339.209 Office services; administrative and secretarial staff, clerks, and employees.
Sec. 209.
(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 the strictures imposed by the civil service commission, may fire, suspend, promote, demote, or transfer a person providing administrative or secretarial service for a board.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name:
Act 299