reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 295 of 1972 - Forensic Polygraph Examiners Act (338.1701 - 338.1729) › Section 338.1703 - Definitions.

338.1703 Definitions.
Sec. 3.
As used in this act:
(a) "Person" means any natural person, firm, association, partnership, or corporation.
(b) "Examiner" means any person, other than an intern, who does any of the following:
(i) Purports to detect deception, verify truthfulness, or provide a diagnostic opinion of these matters through instrumentation or the use of a mechanical device.
(ii) Represents that he or she can or does offer the service of detecting deception, verifying truthfulness, or providing a diagnostic opinion of these matters through instrumentation or the use of a mechanical device.
(iii) Uses instrumentation or a mechanical device to measure or record an individual's bodily responses or psychophysiological activities to enable or assist the detection of deception, the verification of truthfulness, or the reporting of a diagnostic opinion regarding these matters.
(c) "Intern" means a person who is actively engaged in an approved training program pursuant to becoming an examiner.
(d) "Examinee" means an individual who is being examined, tested, or questioned by an examiner or intern for the purpose of detecting deception or verifying truthfulness.
(e) "Board" means the state board of forensic polygraph examiners.
(f) "Public examiner" means an examiner who performs or purports to perform the service of detecting deception or verifying truthfulness exclusively in his or her official capacity as a salaried employee of some agency, county, city, or township of this state.
(g) "Private examiner" means an examiner who performs or purports to perform the service of detecting deception or verifying truthfulness in any instance or under any circumstance other than as a public examiner.
(h) "Employer" means a person who employs 1 or more persons or who accepts applications for employment of persons; or an agent of an employer.
History:
1972, Act 295, Eff. Mar. 30, 1973 ;-- Am. 1982, Act 46, Eff. Mar. 30, 1983
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 abolishment of the state board of forensic polygraph examiners and transfer of its powers and duties to the department of labor and economic growth, see E.R.O. No. 2007-18, compiled at MCL 445.2024.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 295 of 1972 - Forensic Polygraph Examiners Act (338.1701 - 338.1729) › Section 338.1704 - Minimum Standards for Instruments or Devices.

338.1704 Minimum standards for instruments or devices.
Sec. 4.
A person shall not use, or attempt to use any instrument or device for the purpose of detecting deception, verifying truthfulness or assisting in the reporting of a diagnostic opinion as to either of these unless such instrument or device, as minimum standards, shall be capable of recording visually, permanently and simultaneously indications of a person's cardiovascular pattern and changes therein, and a person's respiratory pattern and changes therein. Indications of other psychophysiological changes or bodily responses in addition may also be recorded. The operation, use or attempted use of any instrument or device for the purposes described which does not meet these minimum requirements shall be subject to penalties and may be enjoined as provided in this act.
History:
1972, Act 295, Eff. Mar. 30, 1973
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 abolishment of the state board of forensic polygraph examiners and transfer of its powers and duties to the department of labor and economic growth, see E.R.O. No. 2007-18, compiled at MCL 445.2024.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 295 of 1972 - Forensic Polygraph Examiners Act (338.1701 - 338.1729) › Section 338.1705 - State Board of Forensic Polygraph Examiners; Creation; Appointment, Terms, and Qualifications of Members; Vacancy.

338.1705 State board of forensic polygraph examiners; creation; appointment, terms, and qualifications of members; vacancy.
Sec. 5.
(1) The state board of forensic polygraph examiners is created within the department of state police and shall consist of 5 members appointed by the governor with the advice and consent of the senate for terms of 4 years, except the terms of office for members of the initial board shall be 2 for 2 years and 3 for 4 years. Any vacancy in an unexpired term shall be filled by appointment of the governor with the advice and consent of the senate for the unexpired term.
(2) The members of the board shall be qualified as follows:
(a) At least 2 members of the board shall be public examiners employed by separate and distinct governmental law enforcement agencies who are at the time of appointment licensed or in the case of the initial board, who fulfill the requirements for examiner licenses under the provisions of this act. Each of these 2 members shall have at least 5 consecutive years of law enforcement experience and at least 2 consecutive years of experience administering polygraph examinations prior to their appointment.
(b) At least 2 members of the board shall be private examiners employed by separate and distinct persons or firms who are at the time of appointment licensed or in the case of the initial board, who fulfill the requirements for examiner licenses under the provisions of this act. Each of these 2 members shall have at least 5 consecutive years of experience administering polygraph examinations prior to their appointment.
(c) At least 1 member shall be a person who shall represent the public at large.
(d) Each member of the board shall be a citizen of the United States, a resident of the state for at least 2 years prior to appointment and at the time of initial appointment shall fulfill the age and educational requirements then in effect for examiner licensing under this act.
History:
1972, Act 295, Eff. Mar. 30, 1973
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 abolishment of the state board of forensic polygraph examiners and transfer of its powers and duties to the department of labor and economic growth, see E.R.O. No. 2007-18, compiled at MCL 445.2024.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 295 of 1972 - Forensic Polygraph Examiners Act (338.1701 - 338.1729) › Section 338.1706 - State Board of Forensic Polygraph Examiners; Election of Officers; Conducting Business at Public Meeting; Notice of Meeting; Additional Meetings; Examinations for Examiner's Licenses; Quorum; Majority Vote Required; Expenses; Annual Report; Availability of Report and Other Writings to Public.

338.1706 State board of forensic polygraph examiners; election of officers; conducting business at public meeting; notice of meeting; additional meetings; examinations for examiner's licenses; quorum; majority vote required; expenses; annual report; availability of report and other writings to public.
Sec. 6.
(1) The board shall meet not more than 30 days after it is constituted and elect from its members a chairperson, vice-chairperson and from its members, or otherwise, a secretary. The business which the board may perform shall be conducted at a public meeting of the board held in compliance with Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws. Public notice of the time, date, and place of the meeting shall be given in the manner required by Act No. 267 of the Public Acts of 1976.
(2) Additional meetings of the board shall be held at times and places as the board determines. The board shall specify dates spaced at no more than 6-month intervals on which examinations for examiner's licenses will be held. A majority of the members of the board constitutes a quorum, and the vote of a majority of the board members is sufficient for passage of any business or proposal which comes before the board. Members of the board shall be reimbursed for actual and necessary travel and other expenses incurred in performing official duties.
(3) The board shall make an annual report of its activities to the governor beginning with the fiscal year ending June 30, 1973. The report and other writings prepared, owned, used, in the possession of, or retained by the board in performance of an official function shall be made available to the public in compliance with Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws.
History:
1972, Act 295, Eff. Mar. 30, 1973 ;-- Am. 1977, Act 206, Imd. Eff. Nov. 17, 1977
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 abolishment of the state board of forensic polygraph examiners and transfer of its powers and duties to the department of labor and economic growth, see E.R.O. No. 2007-18, compiled at MCL 445.2024.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 295 of 1972 - Forensic Polygraph Examiners Act (338.1701 - 338.1729) › Section 338.1707 - Rules; Filing of Applications; Collection and Disposition of Fees; Order as Prima Facie Proof; Appropriation of Funds.

338.1707 Rules; filing of applications; collection and disposition of fees; order as prima facie proof; appropriation of funds.
Sec. 7.
(1) The department shall promulgate rules consistent with the provisions of this act for the dissemination, retention and destruction of polygraph results to protect the general public for the administration and enforcement of this act pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. An application for an examination, license, renewal or other provisions under this act shall comply with the requirements of the department and board and shall be accompanied by the license fee, which is not returnable except by a showing of mistake, inadvertence, error in the collection of the fee, or pursuant to section 15(3).
(2) An order or a certified copy, over the board seal and purporting to be signed by the board members or board chair shall be prima facie proof of the following:
(a) That the signatures are the genuine signatures of the board members or the board chair.
(b) That the board members or the chair are duly appointed and qualified.
(c) That the board and its members are fully qualified to act.
(3) All fees collected under this act shall be deposited to the credit of the general fund of the state. Funds necessary for the enforcement and administration of this act shall be appropriated by the legislature within the budget of the department of labor and economic growth.
History:
1972, Act 295, Eff. Mar. 30, 1973 ;-- Am. 2004, Act 276, Imd. Eff. July 23, 2004
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 abolishment of the state board of forensic polygraph examiners and transfer of its powers and duties to the department of labor and economic growth, see E.R.O. No. 2007-18, compiled at MCL 445.2024.
Admin Rule:
R 338.9001 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 295 of 1972 - Forensic Polygraph Examiners Act (338.1701 - 338.1729) › Section 338.1708 - Activities Requiring License.

338.1708 Activities requiring license.
Sec. 8.
A person, including city, county or state employees, shall not use or attempt to use any instrumentation or mechanical device for the purpose of detecting deception, verifying truthfulness or reporting a diagnostic opinion regarding either of these; purport to detect deception or verify truthfulness through instrumentation or mechanical devices; advertise or represent that he can or does offer the service of detecting deception, verifying truthfulness or reporting a diagnostic opinion regarding an individual's deception or truthfulness through instrumentation or mechanical devices; attempt to hold himself out as a polygraph examiner or refer to himself by any terminology which would indicate or convey the impression that he can or does purport to detect deception or verify truthfulness through instrumentation; or use any of the technical descriptive terminology peculiar to, or interchangeable with, the administration of polygraph examinations, the interpretation thereof or the detection of deception and the verification of truthfulness resulting therefrom without first securing a license as provided in this act.
History:
1972, Act 295, Eff. Mar. 30, 1973
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 abolishment of the state board of forensic polygraph examiners and transfer of its powers and duties to the department of labor and economic growth, see E.R.O. No. 2007-18, compiled at MCL 445.2024.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 295 of 1972 - Forensic Polygraph Examiners Act (338.1701 - 338.1729) › Section 338.1709 - Examiner's License; Issuance Without Examination; Conditions and Qualifications.

338.1709 Examiner's license; issuance without examination; conditions and qualifications.
Sec. 9.
A person upon application to the board dated within 1 year after the effective date of this act, and upon payment of the required license fee, shall be issued an examiner's license hereunder, without examination, if he satisfies the registration requirements established by the board and satisfies the board by affidavit or otherwise that he is qualified as follows:
(a) He has either 1 of the following:
(i) He has actually engaged in the occupation, profession or practice as an examiner prior to January 1, 1969, and continuously since that time, utilizing exclusively during that period instrumentation which satisfies the requirements of section 4.
(ii) He has actually engaged in an internship training program, or similar arrangement on a full-time basis prior to the effective date of this act or has satisfactorily completed such internship training program or similar arrangement and has engaged in the occupation, profession or practice as an examiner or intern prior to the effective date of this act, utilizing exclusively during that period instrumentation which satisfies the requirements of section 4.
(b) He substantially fulfills the requirements for licensing as set forth in section 10. The board may issue temporary examiner's licenses to an applicant who otherwise qualifies under section 10 except for the time and experience factors set forth in section 10 to enable the fulfillment of these requirements by the applicant.
History:
1972, Act 295, Eff. Mar. 30, 1973
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 abolishment of the state board of forensic polygraph examiners and transfer of its powers and duties to the department of labor and economic growth, see E.R.O. No. 2007-18, compiled at MCL 445.2024.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 295 of 1972 - Forensic Polygraph Examiners Act (338.1701 - 338.1729) › Section 338.1711 - Intern's License; Qualifications.

338.1711 Intern's license; qualifications.
Sec. 11.
A person is qualified to receive a license as an intern who satisfies the board that he is engaging in an approved internship training program and that he substantially fulfills the basic requirements of this act for licensing as an examiner. The applicant shall not be required to fulfill the experience or residence requirements in subdivisions (e), (f) and (j) of section 10 in qualifying for an intern's license.
History:
1972, Act 295, Eff. Mar. 30, 1973
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 abolishment of the state board of forensic polygraph examiners and transfer of its powers and duties to the department of labor and economic growth, see E.R.O. No. 2007-18, compiled at MCL 445.2024.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 295 of 1972 - Forensic Polygraph Examiners Act (338.1701 - 338.1729) › Section 338.1712 - Temporary Examiner's License; Qualifications.

338.1712 Temporary examiner's license; qualifications.
Sec. 12.
A person is entitled to receive a temporary examiner's license who fulfills the requirements of the board for such licensing and who satisfies the board that he is either 1 of the following:
(a) That he qualifies under section 9.
(b) That he does not meet the residence requirements set forth in section 10 but does substantially fulfill all the other qualifications for licensing as an examiner under this act.
History:
1972, Act 295, Eff. Mar. 30, 1973
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 abolishment of the state board of forensic polygraph examiners and transfer of its powers and duties to the department of labor and economic growth, see E.R.O. No. 2007-18, compiled at MCL 445.2024.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 295 of 1972 - Forensic Polygraph Examiners Act (338.1701 - 338.1729) › Section 338.1713 - Irrevocable Consent by Nonresident Applicant to Service of Process.

338.1713 Irrevocable consent by nonresident applicant to service of process.
Sec. 13.
A nonresident applicant for an intern's license or a temporary examiner's license shall file an irrevocable consent that actions against the applicant may be filed in any appropriate court in any county of this state in which the plaintiff resides or in which some part of the transaction occurred out of which the alleged cause of action arose and that process in any action may be served on the applicant by leaving 2 copies thereof with the board. The consent shall stipulate and agree that such service of process shall be taken and held to be valid and binding for all purposes. The board secretary shall send 1 copy of the process to the applicant at the address shown on the records of the board by registered or certified mail.
History:
1972, Act 295, Eff. Mar. 30, 1973
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 abolishment of the state board of forensic polygraph examiners and transfer of its powers and duties to the department of labor and economic growth, see E.R.O. No. 2007-18, compiled at MCL 445.2024.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 295 of 1972 - Forensic Polygraph Examiners Act (338.1701 - 338.1729) › Section 338.1714 - Reciprocity.

338.1714 Reciprocity.
Sec. 14.
An applicant who is an examiner, licensed under the laws of another state or territory of the United States, may be issued appropriate license without examination by the board upon payment of the required fee and the production of satisfactory proof:
(a) That the requirements for the licensing of examiners in such particular state or territory of the United States were at the date of licensing substantially equivalent to the requirements currently in force in this state to the satisfaction of the board.
(b) That any requirements currently in force for the licensing of examiners in this state significantly differing from or in addition to the requirements for the licensing of examiners in such particular state or territory of the United States are fulfilled by the applicant to the satisfaction of the board.
(c) That such other state or territory grants similar reciprocity to license holders of this state.
History:
1972, Act 295, Eff. Mar. 30, 1973
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 abolishment of the state board of forensic polygraph examiners and transfer of its powers and duties to the department of labor and economic growth, see E.R.O. No. 2007-18, compiled at MCL 445.2024.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 295 of 1972 - Forensic Polygraph Examiners Act (338.1701 - 338.1729) › Section 338.1716 - Duration of Licenses.

338.1716 Duration of licenses.
Sec. 16.
Licenses shall be issued for terms as follows:
(a) Temporary examiner's licenses issued to applicants who qualify under section 9 and examiner's licenses shall be issued for the term of 1 calendar year, or such portion thereof as remains at the time issued. Each license shall be renewed during the month of December of each year. A license not renewed shall expire at midnight on December 31. A license which has expired may be renewed in accordance with the requirements of the board and payment of the required fee.
(b) Temporary examiner's licenses issued to persons who do not satisfy the residence requirements in section 10 shall be issued for a specific term as determined by the fee paid and may be renewed in accordance with the requirements of the board.
(c) Intern licenses shall be issued for the term of 6 calendar months and may be renewed for additional 6-month terms, if the intern satisfies the requirements of the board regarding the internship.
History:
1972, Act 295, Eff. Mar. 30, 1973
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 abolishment of the state board of forensic polygraph examiners and transfer of its powers and duties to the department of labor and economic growth, see E.R.O. No. 2007-18, compiled at MCL 445.2024.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 295 of 1972 - Forensic Polygraph Examiners Act (338.1701 - 338.1729) › Section 338.1717 - Specific Requirements as to Licenses.

338.1717 Specific requirements as to licenses.
Sec. 17.
The board shall establish requirements for the form, issuance, display, change of address notification, surrender and evidence of licenses.
History:
1972, Act 295, Eff. Mar. 30, 1973
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 abolishment of the state board of forensic polygraph examiners and transfer of its powers and duties to the department of labor and economic growth, see E.R.O. No. 2007-18, compiled at MCL 445.2024.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 295 of 1972 - Forensic Polygraph Examiners Act (338.1701 - 338.1729) › Section 338.1718 - Renewal of Examiner's License.

338.1718 Renewal of examiner's license.
Sec. 18.
The license of an examiner which has not been revoked or is not suspended shall be renewed annually upon application and payment of the required fee by the examiner.
History:
1972, Act 295, Eff. Mar. 30, 1973
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 abolishment of the state board of forensic polygraph examiners and transfer of its powers and duties to the department of labor and economic growth, see E.R.O. No. 2007-18, compiled at MCL 445.2024.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 295 of 1972 - Forensic Polygraph Examiners Act (338.1701 - 338.1729) › Section 338.1721 - Surrender or Seizure of License.

338.1721 Surrender or seizure of license.
Sec. 21.
Upon the revocation or suspension of a license, the licensee shall surrender the license to the board and if the licensee fails to do so, the board may seize it.
History:
1972, Act 295, Eff. Mar. 30, 1973
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 abolishment of the state board of forensic polygraph examiners and transfer of its powers and duties to the department of labor and economic growth, see E.R.O. No. 2007-18, compiled at MCL 445.2024.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 295 of 1972 - Forensic Polygraph Examiners Act (338.1701 - 338.1729) › Section 338.1722 - Reinstatement of License.

338.1722 Reinstatement of license.
Sec. 22.
Any time after suspension or revocation of a license, it may be reinstated at the discretion of the board, upon application and payment of the required fee.
History:
1972, Act 295, Eff. Mar. 30, 1973
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 abolishment of the state board of forensic polygraph examiners and transfer of its powers and duties to the department of labor and economic growth, see E.R.O. No. 2007-18, compiled at MCL 445.2024.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 295 of 1972 - Forensic Polygraph Examiners Act (338.1701 - 338.1729) › Section 338.1723 - Transcripts and Records of Proceedings Before Board; Motion for Rehearing.

338.1723 Transcripts and records of proceedings before board; motion for rehearing.
Sec. 23.
(1) The board shall provide for the transcribing and recording of all proceedings before the board and shall furnish a transcript of the record to any party affected by the proceedings upon payment of the costs for the transcript.
(2) In any case involving the denial, suspension or revocation of a license, a copy of the board's report shall be served upon the respondent by the board, either personally or by registered or certified mail as provided in this act for service of notice of hearing. Within 20 days after such service, the respondent may present to the board a motion in writing for rehearing, which written motion shall specify the particular grounds therefor. If a motion for rehearing is not filed, then upon expiration of the time specified for filing such motion; or if a motion for rehearing is denied, then upon such denial, the secretary shall enter an order in accordance with recommendations of the board. If the respondent orders and pays for a transcript of the record within the time for filing a motion for rehearing, the 20-day period within which a motion may be filed shall commence upon the delivery of the transcript to the respondent.
History:
1972, Act 295, Eff. Mar. 30, 1973
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 abolishment of the state board of forensic polygraph examiners and transfer of its powers and duties to the department of labor and economic growth, see E.R.O. No. 2007-18, compiled at MCL 445.2024.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 295 of 1972 - Forensic Polygraph Examiners Act (338.1701 - 338.1729) › Section 338.1724 - Review.

338.1724 Review.
Sec. 24.
A person affected by a final administrative decision of the board may have such decision reviewed in accordance with the provisions of law.
History:
1972, Act 295, Eff. Mar. 30, 1973
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 abolishment of the state board of forensic polygraph examiners and transfer of its powers and duties to the department of labor and economic growth, see E.R.O. No. 2007-18, compiled at MCL 445.2024.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 295 of 1972 - Forensic Polygraph Examiners Act (338.1701 - 338.1729) › Section 338.1725 - Witnesses; Documents.

338.1725 Witnesses; documents.
Sec. 25.
A circuit judge upon application of the board or of the person against whom proceedings under sections 4, 7, 8, 17 or 19 are pending, may enter an order requiring the attendance of witnesses and their testimony and the production of documents, papers, files, books and records in connection with any hearing in any proceedings under those sections. The judge may compel obedience to this order by proceedings for contempt.
History:
1972, Act 295, Eff. Mar. 30, 1973
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 abolishment of the state board of forensic polygraph examiners and transfer of its powers and duties to the department of labor and economic growth, see E.R.O. No. 2007-18, compiled at MCL 445.2024.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 295 of 1972 - Forensic Polygraph Examiners Act (338.1701 - 338.1729) › Section 338.1726 - Repealed. 1982, Act 46, Eff. Mar. 30, 1983.

338.1726 Repealed. 1982, Act 46, Eff. Mar. 30, 1983.
Compiler's Notes:
The repealed section pertained to prohibitions and conditions regarding polygraph examinations.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 295 of 1972 - Forensic Polygraph Examiners Act (338.1701 - 338.1729) › Section 338.1726a - Administration of Test by Examiner or Intern in Violation of Polygraph Protection Act of 1981; Misdemeanor; Penalty; Liability to Employee or Applicant.

338.1726a Administration of test by examiner or intern in violation of polygraph protection act of 1981; misdemeanor; penalty; liability to employee or applicant.
Sec. 26a.
(1) An examiner or intern shall not administer a polygraph examination, lie detector test, psychological stress evaluation, or similar test to an employee or applicant for employment that violates the polygraph protection act of 1981.
(2) An examiner or intern who violates this section is guilty of a misdemeanor punishable by a fine of not more than $1,000.00, or by imprisonment for not more than 90 days, or both.
(3) An examiner or intern who violates this section may be liable to the employee or applicant for employment for damages and for costs and statutory attorney fees.
History:
Add. 1982, Act 46, Eff. Mar. 30, 1983
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 abolishment of the state board of forensic polygraph examiners and transfer of its powers and duties to the department of labor and economic growth, see E.R.O. No. 2007-18, compiled at MCL 445.2024.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 295 of 1972 - Forensic Polygraph Examiners Act (338.1701 - 338.1729) › Section 338.1727 - Injunction.

338.1727 Injunction.
Sec. 27.
If any person violates the provisions of this act, the board, in the name of the people of the state, through the attorney general, may apply to a court of competent jurisdiction for an order enjoining the violation or for an order enforcing compliance with this act. Upon the filing of a verified petition in the court, the court or any judge thereof, if satisfied by affidavit or otherwise that such person has violated or is violating this act may issue a temporary injunction, without notice or bond, enjoining the continued violation. If it is established that the person has violated or is violating the injunction, the court or any judge thereof may summarily try and punish the offender for contempt of court. Proceedings under this section shall be in addition to, and not in lieu of, all other remedies and penalties provided by this act.
History:
1972, Act 295, Eff. Mar. 30, 1973
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 abolishment of the state board of forensic polygraph examiners and transfer of its powers and duties to the department of labor and economic growth, see E.R.O. No. 2007-18, compiled at MCL 445.2024.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 295 of 1972 - Forensic Polygraph Examiners Act (338.1701 - 338.1729) › Section 338.1728 - Unlawful Disclosures; Exceptions.

338.1728 Unlawful disclosures; exceptions.
Sec. 28.
(1) Any person who is or has been an employee of a licensed examiner shall not divulge to anyone other than his employer or former employer, or as the employer shall direct, except as he may be required by law, any information acquired by him during his employment in respect to any of the work to which he shall have been assigned by the employer. Any employee violating the provisions of this section and any employee who makes a false report to his employer in respect to any work is guilty of a misdemeanor.
(2) Any principal, manager or employee of a licensed examiner who furnishes false information to clients, or who sells, divulges or otherwise discloses to other than clients, except as he may be required by law, any information acquired by him or them during employment by the client is guilty of a misdemeanor, and shall be subjected to immediate suspension of license by the board and revocation of license upon satisfactory proof of the offense. Any communications, oral or written, furnished by a professional man or client to a licensed examiner, or any information secured in connection with an assignment for a client, shall be deemed privileged with the same authority and dignity as are other privileged communications recognized by the courts of this state.
(3) Any recipient of information, report or results from a polygraph examiner, except for the person tested, shall not provide, disclose or convey such information, report or results to a third party except as may be required by law and the rules promulgated by the board in accordance with section 7 of this act.
History:
1972, Act 295, Eff. Mar. 30, 1973
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 abolishment of the state board of forensic polygraph examiners and transfer of its powers and duties to the department of labor and economic growth, see E.R.O. No. 2007-18, compiled at MCL 445.2024.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 295 of 1972 - Forensic Polygraph Examiners Act (338.1701 - 338.1729) › Section 338.1729 - Violations; Penalties.

338.1729 Violations; penalties.
Sec. 29.
(1) Except as provided in subsections (2) and (3), a person violating this act or falsely stating or representing that he or she is or has been an examiner or intern is guilty of a misdemeanor.
(2) A member of the board who intentionally violates section 6(1) shall be subject to the penalties prescribed in Act No. 267 of the Public Acts of 1976.
(3) If the board arbitrarily and capriciously violates section 6(3), the board shall be subject to the penalties prescribed in Act No. 442 of the Public Acts of 1976.
History:
1972, Act 295, Eff. Mar. 30, 1973 ;-- Am. 1977, Act 206, Imd. Eff. Nov. 17, 1977
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 abolishment of the state board of forensic polygraph examiners and transfer of its powers and duties to the department of labor and economic growth, see E.R.O. No. 2007-18, compiled at MCL 445.2024.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Repealed - Act 352 of 1972 - Social Workers (338.1751 - 338.1766)

SOCIAL WORKERS
Act 352 of 1972
338.1751-338.1766 Repealed. 1980, Act 299, Imd. Eff. Oct. 21, 1980.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Repealed - Act 185 of 1973 - Medical Practice Act (338.1801 - 338.1827)

MEDICAL PRACTICE ACT
Act 185 of 1973
338.1801-338.1827 Repealed. 1978, Act 368, Eff. Sept. 30, 1978.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Repealed - Act 251 of 1974 - Massage (338.1851 - 338.1868)

MASSAGE
Act 251 of 1974
338.1851-338.1868 Repealed. 1980, Act 299, Imd. Eff. Oct. 21, 1980.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Repealed - Act 275 of 1974 - Advanced Emergency Medical Technician Practices Act (338.1901 - 338.1913)

ADVANCED EMERGENCY MEDICAL TECHNICIAN PRACTICES ACT
Act 275 of 1974
338.1901-338.1913 Repealed. 1976, Act 290, Eff. Mar. 31, 1977.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Repealed - Act 290 of 1976 - Emergency Personnel Act (338.1921 - 338.1938)

EMERGENCY PERSONNEL ACT
Act 290 of 1976
338.1921-338.1938 Repealed. 1978, Act 368, Eff. Sept. 30, 1978.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Repealed - Act 420 of 1976 - Physician's Assistants Act (338.1951 - 338.1978)

PHYSICIAN'S ASSISTANTS ACT
Act 420 of 1976
338.1951-338.1978 Repealed. 1978, Act 368, Eff. Sept. 30, 1978.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Repealed - Act 301 of 1974 - Private Employment Bureau Licensing Act (338.2001 - 338.2060)

PRIVATE EMPLOYMENT BUREAU LICENSING ACT
Act 301 of 1974
338.2001-338.2060 Repealed. 1980, Act 299, Imd. Eff. Oct. 21, 1980.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Repealed - Act 130 of 1976 - Public Accountancy Act (338.2101 - 338.2125)

PUBLIC ACCOUNTANCY ACT
Act 130 of 1976
338.2101-338.2125 Repealed. 1980, Act 299, Imd. Eff. Oct. 21, 1980.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 333 of 1976 - Elevator Licensing (338.2151 - 338.2160) › Section 338.2151 - Definitions.

338.2151 Definitions.
Sec. 1.
(1) The definitions contained in Act No. 227 of the Public Acts of 1967, being sections 408.801 to 408.824 of the Michigan Compiled Laws, shall have the same meaning when used in this act.
(2) "Elevator journeyman" means a person who is qualified and licensed by this state to perform, or to provide supervision in the performance of, the work of installation, alteration, maintenance, repair, servicing, adjusting, inspecting, or testing of elevators.
History:
1976, Act 333, Eff. Mar. 31, 1977
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 333 of 1976 - Elevator Licensing (338.2151 - 338.2160) › Section 338.2152 - Applicability of Provisions.

338.2152 Applicability of provisions.
Sec. 2.
(1) This act does not apply to or in a city, village, or township that has regulations in its ordinances that are comparable to this act or 1967 PA 227, MCL 408.801 to 408.824.
(2) This act does not apply to licensed journeymen in a city, village, or township described in subsection (1).
(3) This act does not apply to the installation, construction, repair, alteration, or maintenance of a residential stairway chairlift or residential platform lift that is subject to section 14a of 1967 PA 227, MCL 408.814a.
History:
1976, Act 333, Eff. Mar. 31, 1977 ;-- Am. 2015, Act 34, Eff. Aug. 19, 2015
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 333 of 1976 - Elevator Licensing (338.2151 - 338.2160) › Section 338.2153 - Rules.

338.2153 Rules.
Sec. 3.
In addition to the functions of the board provided in Act No. 227 of the Public Acts of 1967, the board shall promulgate rules for the licensing and examination of elevator journeymen and for the periodic servicing and examination of elevators in accordance with Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 to 24.315 of the Michigan Compiled Laws.
History:
1976, Act 333, Eff. Mar. 31, 1977
Admin Rule:
R 408.8101 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 333 of 1976 - Elevator Licensing (338.2151 - 338.2160) › Section 338.2154 - Enforcement of Act and Rules; Variations or Modifications of Rules.

338.2154 Enforcement of act and rules; variations or modifications of rules.
Sec. 4.
The director of labor shall enforce this act and the rules promulgated pursuant to this act by the board. Where, because of special conditions, a literal enforcement of the rules will result in unnecessary hardship or involve practical difficulties, the director, upon application in specific cases, may authorize variations or modifications of the rules in a manner not contrary to the public interest and so that the spirit of the rules shall be observed, public safety secured, and substantial justice done.
History:
1976, Act 333, Eff. Mar. 31, 1977
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 333 of 1976 - Elevator Licensing (338.2151 - 338.2160) › Section 338.2155 - Elevator; Installation, Alteration, Maintenance, Repair, Servicing, Adjusting, or Testing; Entering Elevator Hoistway or Machine Room.

338.2155 Elevator; installation, alteration, maintenance, repair, servicing, adjusting, or testing; entering elevator hoistway or machine room.
Sec. 5.
(1) The work of installation, alteration, maintenance, repair, servicing, inspecting, adjusting, or testing of an elevator covered by Act No. 227 of the Public Acts of 1967, shall be done by a person who is licensed by the department of labor as an elevator journeyman, or by his helpers under the immediate supervision of a licensed elevator journeyman.
(2) A person entering an elevator hoistway or machine room for any reason, except under an emergency situation, shall be a licensed elevator journeyman, shall be employed as a helper and be under the supervision of a licensed elevator journeyman, or shall be commissioned as a special or general inspector. This requirement does not apply to engineering, management, or sales personnel of a licensed elevator contractor, or owner's authorized representatives.
History:
1976, Act 333, Eff. Mar. 31, 1977
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 333 of 1976 - Elevator Licensing (338.2151 - 338.2160) › Section 338.2156 - Elevator Journeyman's License; Application; Form; Issuance Without Examination; Qualifications; Restrictions; Supervised Work of Qualified Employee; Examination.

338.2156 Elevator journeyman's license; application; form; issuance without examination; qualifications; restrictions; supervised work of qualified employee; examination.
Sec. 6.
(1) An application for an elevator journeyman's license shall be made on blank forms furnished by the department.
(2) An elevator journeyman's license shall be issued without written examination to a person who has been engaged in elevator contractor work of supervising installation or repair, or who has been engaged in the installation, alteration, maintenance, repair, servicing, inspecting, or adjusting of elevator equipment, for a period of not less than 3 years before the effective date of this act, provided application for the license is made within 12 months after the effective date of this act. The elevator journeyman's license shall be issued by the director and board upon the employee's submitting a signed affidavit stating his term of employment with a licensed elevator contractor. The license may be restricted to specific types of work by the director.
(3) A degree in electrical or mechanical engineering from a recognized college or university may be considered the equivalent of 1 year toward qualification for an elevator journeyman's license. A qualified employee of a licensed elevator contractor shall be allowed to work in the installation, alteration, maintenance, repair, servicing, inspecting, adjusting, or testing of elevators under the immediate supervision of a licensed elevator journeyman.
(4) An elevator journeyman's license shall be issued, after the approval of the board and after an applicant successfully passes an examination, to an applicant having a minimum of 3 years of continuous employment as a supervisor of elevator construction or service, or as an elevator constructor, serviceman, maintenance man, or repairman. The license may be restricted to specific types or work by the director.
History:
1976, Act 333, Eff. Mar. 31, 1977
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 333 of 1976 - Elevator Licensing (338.2151 - 338.2160) › Section 338.2157 - Elevator Journeyman's License; Expiration; Renewal; Grounds for Suspension or Revocation.

338.2157 Elevator journeyman's license; expiration; renewal; grounds for suspension or revocation.
Sec. 7.
An elevator journeyman's license shall expire 1 year after the date of issue, and, unless renewed 60 days thereafter, shall be revoked. An elevator journeyman's license may be suspended or revoked by the director after a hearing, if approved by the board, for incompetence, neglect, misrepresentation, or failure to comply with the requirements of this act or with the rules promulgated pursuant thereto by the board.
History:
1976, Act 333, Eff. Mar. 31, 1977 ;-- Am. 1978, Act 238, Imd. Eff. June 15, 1978
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 333 of 1976 - Elevator Licensing (338.2151 - 338.2160) › Section 338.2158 - License and Examination Fees.

338.2158 License and examination fees.
Sec. 8.
(1) Fees for the elevator journeyman's license and elevator journeyman's examination shall be determined by the board.
(2) Fees shall be paid by cash, money order, or certified check to the director. Fees received by the director shall be transmitted to the state treasurer for deposit in the general fund.
History:
1976, Act 333, Eff. Mar. 31, 1977