reglab/statecodes huggingface dataset:
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 339.5315 - Board; Creation or Continuation Within Department; Duties; Attendance of Member at Informal Conference; Assistance to Department.

339.5315 Board; creation or continuation within department; duties; attendance of member at informal conference; assistance to department.
Sec. 315.
(1) Each board created or continued under this act is created or continued within the department.
(2) A board's duties shall include the interpretation of a licensure or permit requirement of a specific article of this act, and, if necessary, the furnishing of aid in an investigation conducted under article 5. At the discretion of the board, a member of that board may attend an informal conference conducted under section 515. A board shall assist the department in the implementation of 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 3 - Boards Generally (339.5301...339.5323) › Section 339.5317 - Hearing; Assessment of Penalty.

339.5317 Hearing; assessment of penalty.
Sec. 317.
After completion of a hearing conducted under section 519, a board shall assess a penalty or penalties under article 6.
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 339.5319 - Board; Aiding Department in Interpreting License or Permit Requirement.

339.5319 Board; aiding department in interpreting license or permit requirement.
Sec. 319.
A board shall aid the department in interpreting a licensure or permit requirement described in this act that is incomplete or subjective in nature to determine whether the person seeking a license or permit or a renewal has met the requirements for the issuance or renewal.
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 339.5321 - Development of Examination or Test; Adoption of Test Prepared by Another Agency; Consideration of Material in Closed Session.

339.5321 Development of examination or test; adoption of test prepared by another agency; consideration of material in closed session.
Sec. 321.
(1) Unless otherwise provided in a specific article of this act, a board and the department shall develop an examination or test required in a specific article. The board and the department in developing an examination or test may adopt an examination or test prepared by another agency if the board and the department determine that the examination or test serves as a basis for determining whether an individual has the knowledge and skills to perform an occupation with competence.
(2) The material required by the board and the department to develop an examination or test may be considered by the board in a closed session, if the board meets the requirements of section 7 of the open meetings act, 1976 PA 267, MCL 15.267.
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 339.5323 - Files of Abolished Board; Surrender to Department; Use of Personnel, Office Space, and Items or Equipment by Successor Board.

339.5323 Files of abolished board; surrender to department; use of personnel, office space, and items or equipment by successor board.
Sec. 323.
(1) A board abolished under this act shall surrender control over and physical possession of any board files to the department.
(2) The successor board, until the department determines otherwise, shall utilize the personnel, office space, and items or equipment that were utilized by an abolished board and that are needed for the board to function.
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 4 - License Fees (339.5401...339.5419) › Section 339.5401 - Fees; Establishment of Specific Amounts Charged for Licenses, Permits, and Activities; License Verification

339.5401 Fees; establishment of specific amounts charged for licenses, permits, and activities; license verification
Sec. 401.
(1) Unless the amount of a fee is established under a specific article of this act, the department by rule shall establish the specific amounts of the fees charged for licenses, permits, and other activities under this act.
(2) If the department receives a written request and the applicable fee, the department shall issue a license verification for a current license issued under 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 4 - License Fees (339.5401...339.5419) › Section 339.5403 - Person Having Contract With Department or Providing Direct Services to Applicant or Licensee; Collection of Fees; Termination of Contract With Person Administering Licensing Examination; Limitation on Fee Charged by Department.

339.5403 Person having contract with department or providing direct services to applicant or licensee; collection of fees; termination of contract with person administering licensing examination; limitation on fee charged by department.
Sec. 403.
(1) This act does not prohibit a person that has a contract with the department, or any other person that provides direct services to an applicant or licensee, from collecting fees authorized under this act directly from that applicant or licensee.
(2) If the department terminates a contract with a person that has been administering a licensing examination to applicants for licensure in a specific occupation, and the department itself begins to administer the examination, the department shall not charge an applicant a fee that is greater than the fee charged under the terminated contract, unless the examination fee for that occupation is increased by rule promulgated by the department under section 207.
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 4 - License Fees (339.5401...339.5419) › Section 339.5405 - Nonrefundable Application Processing Fee.

339.5405 Nonrefundable application processing fee.
Sec. 405.
An applicant must include a nonrefundable application processing fee with an application for a license. The department may also require that applicant include with the application any fee required for an examination or inspection or the fee for the initial license period.
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 4 - License Fees (339.5401...339.5419) › Section 339.5407 - Examination Fee; Forfeiture; Reexamination; Publication of Examination Deadline.

339.5407 Examination fee; forfeiture; reexamination; publication of examination deadline.
Sec. 407.
(1) An individual who is required to take an examination shall pay an examination fee before being scheduled for an examination.
(2) An individual who is scheduled for examination or reexamination and who fails to appear shall forfeit the examination fee.
(3) An individual who fails all or part of an examination may be reexamined, if eligible, after paying the fee for the complete examination or those parts of the examination he or she failed, as applicable.
(4) The department shall publish in its application instructions the deadline by which it must receive an application in order for an applicant to be scheduled for a required examination.
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 4 - License Fees (339.5401...339.5419) › Section 339.5409 - Payment of Fee as Condition to Issuance of License; Establishment of Fees on per Year Basis.

339.5409 Payment of fee as condition to issuance of license; establishment of fees on per year basis.
Sec. 409.
(1) Except as otherwise provided in section 411, the department shall not issue a license to a person that has completed the requirements for a license or that seeks to renew a license until the person has paid the license fee.
(2) The department shall establish license fees on a per year basis. If licenses are established by rules promulgated by the department under section 207 as biennial or triennial renewals, the fee required shall be 2 or 3 times, as appropriate, the per year amount.
(3) Unless otherwise provided under this act or rules promulgated under this act, an applicant must complete all requirements for licensure within 1 year after the department received the license application or the department mails a notice of an incomplete application to the applicant at the applicant's last known physical or electronic address on file with the department, whichever is later. If the requirements for licensure are not completed within that period, the fees paid are forfeited to the department and the application is void. To obtain a license under this act, a person whose application is void under this subsection must submit a new application and fees and meet the standards in effect on the date the department receives the new application.
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 4 - License Fees (339.5401...339.5419) › Section 339.5413 - Electronic Continuing Education Tracking System; Agreement.

339.5413 Electronic continuing education tracking system; agreement.
Sec. 413.
(1) The department may enter into an agreement with an entity that is not an agency of a state or the federal government to provide an electronic continuing education tracking system that provides an electronic record of the continuing education courses, classes, or programs completed by all of the individuals who are licensed or registered under this act and are subject to continuing education requirements under this act.
(2) All of the following apply to an electronic system provided by an agreement under subsection (1):
(a) All continuing education tracking provided by the system must accurately reflect the continuing education requirements under this act and rules promulgated under this act.
(b) A confirmation of completion of continuing education requirements generated by the system is considered verification of completion of those requirements for renewal of a license or registration and for purposes of any audit of licensees or registrants conducted by the department.
(c) The system must provide access to continuing education information about an individual who is licensed or registered under this act to the individual, to the appropriate board for the individual's occupation, and to the department.
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 4 - License Fees (339.5401...339.5419) › Section 339.5415 - Licensure, Renewal, or Relicensure; Payment of Fees and Fines as Condition; Lien on Real Property.

339.5415 Licensure, renewal, or relicensure; payment of fees and fines as condition; lien on real property.
Sec. 415.
(1) It is a condition of licensure, renewal, or relicensure that all fees and fines owed to the department are paid.
(2) It is a condition to obtaining a permit that all fees and fines owed to the department are paid, including, but not limited to, current and previous permit fees, inspection fees, plan review fees, and administrative fines.
(3) The amounts owed for permitting, inspections, plan review, and administrative fines in connection with work performed on real property become a lien on the real property 90 days after issuance if not paid. The lien for those amounts, and for all interest and penalties on those amounts, shall continue until paid.
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 4 - License Fees (339.5401...339.5419) › Section 339.5417 - Fee; Waiver.

339.5417 Fee; waiver.
Sec. 417.
The department shall waive the fee for an initial license or initial registration that is otherwise required under this act, or an application processing fee charged by the department for an initial license or initial registration, if the applicant meets 1 of the following requirements:
(a) Is actively serving in the armed forces or the uniformed services.
(b) Is an individual who served in the armed forces or uniformed services and he or she provides to the department a form DD214, form DD215, or any other form that is satisfactory to the department that demonstrates he or she was separated from that service with an honorable character of service or under honorable conditions (general) character of service.
(c) Is a dependent of a member of the armed forces, a dependent of a member of the uniformed services, or a dependent of a veteran and he or she provides proof acceptable to the department that he or she is a dependent as described in this subdivision.
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 4 - License Fees (339.5401...339.5419) › Section 339.5419 - Fees, Money, and Income Received by Department; Disposition.

339.5419 Fees, money, and income received by department; disposition.
Sec. 419.
All fees and money received by the department for the licensing of persons under this act, and any other income the department receives under this act, shall be paid into the state construction code fund created in section 22 of the Stille-DeRossett-Hale single state construction code act, 1972 PA 230, MCL 125.1522.
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 5 - Complaints, Investigations, and Administrative Proceedings (339.5501...339.5541) › Section 339.5501 - Complaint; Submission.

339.5501 Complaint; submission.
Sec. 501.
A complaint that alleges that a person has violated this act or a rule promulgated or an order issued under this act shall be submitted to the department. The department of attorney general, the department, a board, or any other person may file a complaint.
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 5 - Complaints, Investigations, and Administrative Proceedings (339.5501...339.5541) › Section 339.5503 - Complaint; Investigation of Allegations; Correspondence File; Acknowledgement; Complaint Made by Department.

339.5503 Complaint; investigation of allegations; correspondence file; acknowledgement; complaint made by department.
Sec. 503.
If it receives a complaint, the department shall immediately begin an investigation of the allegations of the complaint and shall open a correspondence file. Within 15 days after it receives a complaint, the department shall make a written acknowledgment of the complaint to the person that made the complaint. If the complaint is made by the department, the director shall designate 1 or more employees of the department to act as the person that made the complaint.
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 5 - Complaints, Investigations, and Administrative Proceedings (339.5501...339.5541) › Section 339.5505 - Investigation; Petition to Issue Subpoena.

339.5505 Investigation; petition to issue subpoena.
Sec. 505.
The department shall conduct the investigation required under section 503. In furtherance of that investigation, the department may request that the attorney general petition a circuit court of this state to issue a subpoena that requires a person to appear before the department and be examined with reference to a matter within the scope of the investigation and to produce books, papers, or documents pertaining to the investigation.
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 5 - Complaints, Investigations, and Administrative Proceedings (339.5501...339.5541) › Section 339.5507 - Investigation; Report; Closing of Complaint; Action.

339.5507 Investigation; report; closing of complaint; action.
Sec. 507.
(1) The investigative unit of the department, within 30 days after the department receives the complaint, shall report to the director on the results of the investigation. If, for good cause shown, an investigation cannot be completed within 30 days, the director may extend the time in which a report may be filed. The total number of extensions granted under this section shall be included in the report required under section 217.
(2) If the report of the investigative unit of the department does not disclose a violation of this act or a rule promulgated or an order issued under this act, the department shall close the complaint. The department shall forward the reasons for closing the complaint to the respondent and complainant, who then may provide additional information to reopen the complaint.
(3) If the report of the investigative unit made under subsection (1) discloses evidence of a violation of this act or a rule promulgated or an order issued under this act, the department or the department of attorney general shall prepare the appropriate action against the respondent which may be any of the following:
(a) A formal complaint.
(b) A cease and desist order.
(c) A notice of summary suspension.
(d) A citation.
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 5 - Complaints, Investigations, and Administrative Proceedings (339.5501...339.5541) › Section 339.5509 - Summary Suspension of License; Order; Affidavit; Administrative Proceedings; Petition to Dissolve Order; Hearing; Granting Request; Exception; Record.

339.5509 Summary suspension of license; order; affidavit; administrative proceedings; petition to dissolve order; hearing; granting request; exception; record.
Sec. 509.
(1) After an investigation is conducted, the department may issue an order summarily suspending a license issued under this act based on an affidavit by an individual who is familiar with the facts set forth in the affidavit, or, if appropriate, based on an affidavit made on information and belief, that an imminent threat to the public health, safety, and welfare exists. After a summary suspension order is issued under this section, the department shall promptly commence the administrative proceedings described in this article to determine what additional administrative action is appropriate.
(2) If a person's license is summarily suspended under this section, the person may petition the department to dissolve the order. If it receives a petition under this subsection, the department shall immediately schedule a hearing to decide whether to grant or deny the request to dissolve the order.
(3) An administrative law hearings examiner shall grant a request to dissolve a summary suspension order made under subsection (2), unless sufficient evidence is presented that an imminent threat to the public health, safety, and welfare exists that requires emergency action and continuation of the director's summary suspension order.
(4) The record created at the hearing to dissolve a summary suspension order shall become part of the record on the complaint at a subsequent contested case hearing.
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 5 - Complaints, Investigations, and Administrative Proceedings (339.5501...339.5541) › Section 339.5511 - Order to Cease and Desist; Hearing; Action to Restrain and Enjoin.

339.5511 Order to cease and desist; hearing; action to restrain and enjoin.
Sec. 511.
(1) After an investigation is conducted, the director may order a person to cease and desist from a violation of this act or a rule promulgated or an order issued under this act.
(2) A person that is ordered to cease and desist under subsection (1) is entitled to a hearing before the department if a written request for a hearing is filed within 30 days after the effective date of the order.
(3) If a cease and desist order issued under this section is violated, the department of the attorney general may bring an action in a circuit court of this state to restrain and enjoin, temporarily or permanently, or both, a person from further violating the cease and desist order.
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 5 - Complaints, Investigations, and Administrative Proceedings (339.5501...339.5541) › Section 339.5513 - Summary Suspension Order, Cease and Desist Order, or Injunctive Relief; Addition to Other Action.

339.5513 Summary suspension order, cease and desist order, or injunctive relief; addition to other action.
Sec. 513.
A summary suspension order, cease and desist order, or injunctive relief issued or granted in relation to a license or permit issued under this act is in addition to and not in place of an informal conference under section 515(3); criminal prosecution; or proceeding to deny, revoke, suspend, or place a limitation on, a license or permit or any other action authorized under 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 5 - Complaints, Investigations, and Administrative Proceedings (339.5501...339.5541) › Section 339.5515 - Formal Complaint and Notice; Service; Alternatives; Informal Conference; Settlement; Contested Case Hearing.

339.5515 Formal complaint and notice; service; alternatives; informal conference; settlement; contested case hearing.
Sec. 515.
(1) After an investigation is conducted and a formal complaint is prepared, the department shall serve the formal complaint on the respondent and the complainant. At the same time, the department shall serve the respondent with a notice that describes the compliance conference and hearing processes and offers the following alternatives to the respondent:
(a) An opportunity to meet with the department to negotiate a settlement of the matter.
(b) If the respondent is a licensee or registrant under this act, an opportunity to demonstrate compliance before a contested case hearing is held.
(c) An opportunity to proceed to a contested case hearing.
(2) A respondent that is served with notice of a formal complaint under this section may select, within 15 days after the respondent receives the notice, 1 of the alternatives described in subsection (1). If a respondent does not select 1 of those alternatives within the time period described in this subsection, then the department shall proceed to a contested case hearing as described in subsection (1)(c).
(3) At any time during an investigation or administrative process under this article, the department may bring the parties together for an informal conference to attempt to resolve the issues raised in the complaint. An informal conference may be attended by a member of the board, at the discretion of that board, and may result in a settlement, consent order, waiver, default, or other method of settlement agreed on by the parties and the department. A settlement may include the revocation, suspension, or limitation of a license or registration; censure; probation; restitution; or a penalty under article 6.
(4) A board may reject a settlement and require a contested case hearing.
(5) An authorized employee or agent of the department may represent the department in any contested case hearing.
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 5 - Complaints, Investigations, and Administrative Proceedings (339.5501...339.5541) › Section 339.5517 - Showing Compliance With Act, Rule, or Order in Contested Case Hearing.

339.5517 Showing compliance with act, rule, or order in contested case hearing.
Sec. 517.
This act does not prevent a person against which a complaint is filed from showing compliance with this act, or a rule promulgated or an order issued under this act, in a contested case hearing.
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 5 - Complaints, Investigations, and Administrative Proceedings (339.5501...339.5541) › Section 339.5519 - Hearing.

339.5519 Hearing.
Sec. 519.
If an informal conference under section 515(3) is not held or does not result in a resolution of a complaint, the department shall hold a hearing as authorized under section 92 of the administrative procedures act of 1969, MCL 24.292. A member of a board may attend a hearing under this section.
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 5 - Complaints, Investigations, and Administrative Proceedings (339.5501...339.5541) › Section 339.5521 - Subpoena.

339.5521 Subpoena.
Sec. 521.
The department or the department of the attorney general may petition a circuit court to issue a subpoena that requires the person subpoenaed to appear or testify or produce relevant documentary material for examination at a proceeding conducted under section 515 or 519.
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 5 - Complaints, Investigations, and Administrative Proceedings (339.5501...339.5541) › Section 339.5523 - Determination of Findings of Fact and Conclusions of Law; Hearing Report.

339.5523 Determination of findings of fact and conclusions of law; hearing report.
Sec. 523.
(1) At the conclusion of a hearing conducted under section 519, the administrative law hearings examiner shall submit a determination of findings of fact and conclusions of law to the department and the department of the attorney general and the appropriate board in a hearing report. The submitted hearing report may recommend the assessment of penalties under article 6.
(2) The department shall submit a copy of a hearing report described in subsection (1) to the person that made the complaint and to the person against which the complaint was made.
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 5 - Complaints, Investigations, and Administrative Proceedings (339.5501...339.5541) › Section 339.5525 - Assessment of Penalties; Determination; Basis; Transcript; Time Limits; Issuance of Final Order; Board Member Prohibited From Participation in Final Determination.

339.5525 Assessment of penalties; determination; basis; transcript; time limits; issuance of final order; board member prohibited from participation in final determination.
Sec. 525.
(1) Within 60 days after a board receives an administrative law hearings examiner's hearing report under section 523, the board shall meet and make a determination of the penalties to be assessed under article 6. The board shall make its determination based on the administrative law hearings examiner's report. A transcript of a hearing or a portion of the transcript shall be made available to a board on request. If a transcript or a portion of the transcript is requested, the board shall make its determination of the penalty or penalties to be assessed under article 6 at a meeting of the board held within 60 days after it receives the transcript or portion of the transcript.
(2) If a board does not determine the appropriate penalty or penalties to be assessed within the time limits described in subsection (1), the director may determine the appropriate penalty and issue a final order assessing that penalty.
(3) A member of a board who has participated in an investigation on a complaint filed with the department or who has attended an informal conference under section 515(3) shall not participate in making a final determination in a proceeding on that complaint.
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 5 - Complaints, Investigations, and Administrative Proceedings (339.5501...339.5541) › Section 339.5527 - Petition; Review.

339.5527 Petition; review.
Sec. 527.
A person that is seeking a license or renewal under this act may petition the department and the appropriate board for a review if that person does not receive a license or renewal.
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 5 - Complaints, Investigations, and Administrative Proceedings (339.5501...339.5541) › Section 339.5529 - Petition; Writing; Reasons.

339.5529 Petition; writing; reasons.
Sec. 529.
A petition submitted under section 527 shall be in writing and shall set forth the reasons the petitioner believes that the department should issue the license or permit.
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 5 - Complaints, Investigations, and Administrative Proceedings (339.5501...339.5541) › Section 339.5531 - Issuance of License Based on Review of Qualifications.

339.5531 Issuance of license based on review of qualifications.
Sec. 531.
The department may issue a license or renewal for an occupation regulated under this act, if, based on a review of the qualifications of the person that submitted a petition under section 527, the department and the appropriate board determine that the person could perform the occupation with competence.
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 5 - Complaints, Investigations, and Administrative Proceedings (339.5501...339.5541) › Section 339.5533 - Decision to Place Limitation; Petition to Review; Reply; Removal of Limitation.

339.5533 Decision to place limitation; petition to review; reply; removal of limitation.
Sec. 533.
(1) If a limitation is placed on a license or the renewal of a license under section 203 or 205, the licensee, within 30 days after the limitation is placed on the license or renewal of the license, may petition the department in writing for a review of the decision to place the limitation.
(2) The department, in reply to a petition submitted under subsection (1), shall set forth the reasons the department determined that the limitation should be placed on the license or renewal of a license. The department shall send its reply to a petition submitted under subsection (1) to the petitioner within 15 days after the department receives the petition.
(3) The department and a board may remove a limitation on a license or renewal of a license, if, based on a review of the petitioner's qualifications, the department and the appropriate board determine that the person that submitted a petition under subsection (1) is able to perform with competence each function of the occupation without the limitation.
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 5 - Complaints, Investigations, and Administrative Proceedings (339.5501...339.5541) › Section 339.5535 - Grievance Under Former Act.

339.5535 Grievance under former act.
Sec. 535.
Notwithstanding any other provision of this act, if an oral or written grievance was lodged before the effective date of this act against a person that is licensed under a former act, the department shall conduct the proceedings on that grievance in the manner prescribed in the former 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 5 - Complaints, Investigations, and Administrative Proceedings (339.5501...339.5541) › Section 339.5537 - Citation; Issuance; Conditions; Contents; "Employee of the Department" Defined.

339.5537 Citation; issuance; conditions; contents; "employee of the department" defined.
Sec. 537.
(1) An employee of the department may issue a citation to a person that is licensed under this act or required to obtain a license under this act if the employee observes or deduces from an investigation, inspection, or complaint that conduct or conditions exist or have existed that violate this act or rules promulgated or orders issued under this act.
(2) The department may send a citation to a respondent by certified mail, return receipt requested, or by electronic mail if the department has an electronic mail address for the respondent on file, or the employee of the department who issued the citation may deliver it in person.
(3) A citation shall contain all of the following:
(a) The date of the citation.
(b) The name and title of the employee of the department who issued the citation.
(c) The name and address of the respondent, and a statement indicating that the respondent is being cited for a violation of this act or rules promulgated or orders issued under this act.
(d) A brief description of the conduct or conditions that the employee of the department who issued the citation considers a violation of this act or rules or orders issued under this act and a reference to the section of this act, the rule, or the order the respondent is alleged to have violated.
(e) The proposed penalties or actions required for compliance, including the payment of a fine in an amount that does not exceed $100.00 for each violation.
(f) A space for the respondent to sign as a receipt for the citation.
(g) A space where the respondent may accept the citation and agree to comply or may indicate that the respondent contests that the violation described in the citation occurred.
(h) A notice that the respondent must accept or contest the terms of the citation within 30 days.
(i) A brief description of the hearing process and the process for settlement through an informal conference under section 515(3).
(4) As used in this section, "employee of the department" means an individual who is employed by the department, or a person that is under contract to the department, whose duty it is to enforce the provisions of this act or rules promulgated or orders issued under 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 5 - Complaints, Investigations, and Administrative Proceedings (339.5501...339.5541) › Section 339.5539 - Citation; Notice of Acceptance or Denial of Violation; Signature; Return; Placement in Records; Force and Effect as Final Order; Disclosure; Removal; Explanation; Statement; Formal Complaint.

339.5539 Citation; notice of acceptance or denial of violation; signature; return; placement in records; force and effect as final order; disclosure; removal; explanation; statement; formal complaint.
Sec. 539.
(1) A respondent has 30 days to notify the department in writing that the person accepts the conditions described in a citation or that the person contests the violation alleged in the citation occurred.
(2) If a respondent accepts the conditions described in a citation under subsection (1), the respondent, within 30 days after receiving the citation, shall sign the citation and return it to the department along with any fine or other material the respondent is required to submit under the terms of the citation. The department shall place the citation and accompanying material in the person's records with the department, and include in those records the nature of the violation and that the person accepted the conditions imposed. A citation issued under this section has the same force and effect as a final order issued by a board and may be disclosed to the public. If the department does not take any additional disciplinary actions against the person within 5 calendar years after the citation is issued, the department shall remove the citation and accompanying material from its records. If requested by the respondent, the department shall place a 1-page explanation prepared by the respondent in the department's files and shall disclose the explanation each time the department discloses the issuance of the citation.
(3) If the respondent does not admit to the violation alleged in a citation, the person may so state on the citation and return 1 copy to the department within the 30 days after the respondent receives the citation. If a respondent returns a copy of the citation that includes this statement within the 30-day time period, the citation is considered a formal complaint under section 515 and the administrative process described in that section applies.
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 5 - Complaints, Investigations, and Administrative Proceedings (339.5501...339.5541) › Section 339.5541 - Effect of Signature.

339.5541 Effect of signature.
Sec. 541.
If a citation is signed as an indication that the respondent received the citation, the signature is considered a receipt of the citation and not an admission to the violation alleged in the citation.
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 6 - Penalties and Remedies (339.5601...339.5613) › Section 339.5603 - Violation of Act, Rule, or Order; Penalties.

339.5603 Violation of act, rule, or order; penalties.
Sec. 603.
If a person violates this act or a rule or order promulgated or issued under this act, the department shall assess 1 or more of the following penalties:
(a) Placement of a limitation on a license.
(b) Suspension of a license.
(c) Denial of a license or renewal of a license.
(d) Revocation of a license.
(e) If the person is licensed under this act and except as otherwise provided in this act, an administrative fine to be paid to the department of not more than $10,000.00.
(f) Censure.
(g) Probation.
(h) A requirement for the payment of restitution, based on proof submitted to and findings made by the hearing examiner after a contested case hearing.
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 6 - Penalties and Remedies (339.5601...339.5613) › Section 339.5605 - Suspension of License Until Restitution Made.

339.5605 Suspension of license until restitution made.
Sec. 605.
If payment of restitution is required under section 603, the department may suspend the license of the person required to pay the restitution until the restitution is made.
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 6 - Penalties and Remedies (339.5601...339.5613) › Section 339.5607 - Violation of Article or Commission of Certain Acts.

339.5607 Violation of article or commission of certain acts.
Sec. 607.
A person that violates 1 or more of the provisions of a specific article of this act or that commits 1 or more of the following is subject to the penalties described in section 603:
(a) Practices fraud or deceit in obtaining a license.
(b) Practices fraud, deceit, or dishonesty in practicing an occupation.
(c) Violates a rule of conduct of an occupation.
(d) Demonstrates a lack of good moral character.
(e) Commits an act of gross negligence in practicing an occupation.
(f) Practices false advertising.
(g) Commits an act that demonstrates incompetence.
(h) Violates any other provision of this act or a rule promulgated under this act for which a penalty is not otherwise prescribed.
(i) Fails to comply with a subpoena issued under this act.
(j) Fails to respond to a citation under section 539.
(k) Violates or fails to comply with a final order issued by a board, including a stipulation, settlement agreement, or a citation.
(l) Aids or abets another person in the unlicensed practice of 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 6 - Penalties and Remedies (339.5601...339.5613) › Section 339.5609 - Agreeing to Fact by Stipulation or Finding of Act Violation; Costs of Investigation and Prosecution.

339.5609 Agreeing to fact by stipulation or finding of act violation; costs of investigation and prosecution.
Sec. 609.
If the parties in a contested case under article 5 agree to any fact involved in the controversy by stipulation or there is a finding of fact and conclusion of law in an action under that article that a person has violated this act, the hearings examiner shall assess 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:
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 6 - Penalties and Remedies (339.5601...339.5613) › Section 339.5611 - Action in Name of State; Intervention by Attorney General; Action by Department.

339.5611 Action in name of state; intervention by attorney general; action by department.
Sec. 611.
(1) The department may bring any appropriate action, including mediation or other alternative dispute resolution, in the name of the people of this state to carry out this act and to enforce this act.
(2) If the attorney general considers it necessary, the attorney general shall intervene in and prosecute any case that arises under this act.
(3) This section does not prohibit the department from bringing any civil, criminal, or administrative action for the enforcement of section 601.
(4) The department has standing to bring an administrative action or to directly bring an action in a court of competent jurisdiction regarding the unlicensed practice of an occupation regulated under 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 6 - Penalties and Remedies (339.5601...339.5613) › Section 339.5613 - Forfeiture.

339.5613 Forfeiture.
Sec. 613.
In the event of a criminal violation of this act, the department, the attorney general, and a county prosecutor may utilize the forfeiture provisions of chapter 47 of the revised judicature act of 1961, 1961 PA 236, MCL 600.4701 to 600.4710, for items seized and determined to be proceeds of a crime, substituted proceeds of a crime, or the instrumentality of a crime as those terms are defined in section 4701 of the revised judicature act of 1961, 1961 PA 236, MCL 600.4701.
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 7 - Electricians and Electrical Contractors (339.5701...339.5739) › Section 339.5705 - Electrical Administrative Board; Creation; Membership; Ex Officio Member; Chairperson; Vice-Chairperson.

339.5705 Electrical administrative board; creation; membership; ex officio member; chairperson; vice-chairperson.
Sec. 705.
(1) The electrical administrative board created in section 2 of former 1956 PA 217 shall continue in existence and is designated as the board for purposes of this article.
(2) The board shall consist of 10 members, as follows:
(a) The state fire marshal or his or her representative.
(b) Nine members, who are residents of this state and appointed by the governor, including each of the following:
(i) One member who is a representative of an insurance inspection bureau that operates in this state.
(ii) One member who is a representative of an electrical energy supply agency that operates in this state.
(iii) One member who is an electrical contractor that operates in this state.
(iv) One member who is a master electrician who serves as a supervisor.
(v) One member who is an electrical journeyman.
(vi) One member who is a chief electrical inspector of a municipality.
(vii) One member who is a representative of distributors of electrical apparatus and supplies.
(viii) One member who is a representative of manufacturers primarily and actively engaged in producing material fittings, devices, appliances, fixtures, apparatus, and similar products, used as a part of, or in connection with, an electrical installation.
(ix) One member who is a representative of the general public.
(3) The director of the department, or the authorized representative of the director, is an ex officio member of the board without vote.
(4) The governor shall designate a member of the board to serve as its chairperson at the pleasure of the governor and the members of the board may annually elect a vice-chairperson.
History:
2016, Act 407, Eff. Apr. 4, 2017
Compiler's Notes:
For transfer of authority, powers, duties, functions, and responsibilities of electrical administrative board to department of licensing and regulatory affairs, see E.R.O. No. 2017-1, compiled at MCL 339.3102.