reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 2 - (339.201...339.217) › Section 339.210 - Contracting With Persons or Agencies to Implement Act and Fulfill Responsibilities of Department or Board; Electronic Continuing Education Tracking System; Agreement; Provisions; Rules.

339.210 Contracting with persons or agencies to implement act and fulfill responsibilities of department or board; electronic continuing education tracking system; agreement; provisions; rules.
Sec. 210.
(1) The department, on its own behalf and on behalf of a board created under this act, may contract with persons or agencies who are not employees or agencies of the department to implement this act and to fulfill the responsibilities of the department or a board.
(2) Under subsection (1), the department may enter into an agreement with any of the following to provide an electronic continuing education tracking system that provides an electronic record of the continuing education courses, classes, or programs completed by individuals who are licensed or registered under this act:
(a) For individuals who are licensed under article 7, a statewide accountancy trade organization.
(b) For individuals who are licensed under article 25, a statewide real estate trade organization.
(c) For the individuals who are licensed or registered under all of the other specific articles of this act, except the individuals described in subdivision (a) or (b), an entity that is not an agency of a state or the federal government.
(3) All of the following apply to an electronic system provided by an agreement under subsection (2):
(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.
(4) The department shall promulgate any rules it considers appropriate to implement and administer subsections (2) and (3).
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 2016, Act 30, Eff. June 6, 2016
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 2 - (339.201...339.217) › Section 339.211 - Orientation Program for Board Members.

339.211 Orientation program for board members.
Sec. 211.
The department shall provide a comprehensive orientation program for each individual appointed and confirmed as a member of a board.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 2 - (339.201...339.217) › Section 339.212 - Annual Report.

339.212 Annual report.
Sec. 212.
The department shall prepare and publish an annual report describing the activities of the department and each agency created pursuant to this act. The annual report shall be filed with the governor and the legislature.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 2 - (339.201...339.217) › Section 339.213 - Temporary License or Certificate of Registration; Nonrenewable; Validity; Applicant Married to Member of Armed Forces; Limitation.

339.213 Temporary license or certificate of registration; nonrenewable; validity; applicant married to member of armed forces; limitation.
Sec. 213.
(1) If a person has not previously been denied a license or a certificate of registration or had a license or a certificate of registration revoked or suspended, the department may grant a nonrenewable temporary license or certificate of registration to an applicant for licensure or registration or transfer of licensure or registration under any of articles 7 to 26a. If approved by a board, a temporary license or certificate of registration issued under this subsection is valid until 1 or more of the following occurs:
(a) The results of the next scheduled examination are available.
(b) The results of the next required evaluation procedure are available.
(c) A license or certificate of registration is issued.
(d) The next examination date of an examination for licensure or registration in the applicable occupation, if the applicant does not take the examination.
(e) The applicant fails to meet the requirements for a license or certificate of registration.
(f) A change in employment is made.
(2) In addition to a temporary license or certificate of registration under subsection (1), beginning September 9, 2014, the department shall grant a temporary license or certificate of registration for an occupation under this act to an applicant who meets both of the following:
(a) He or she provides proof acceptable to the department that he or she 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.
(b) He or she provides proof acceptable to the department that he or she holds a current license in good standing, or a current registration in good standing, in that occupation, issued by an equivalent licensing department, board, or authority, as determined by the department, in consultation with the board, in another state of the United States or a foreign country.
(3) A temporary license or registration issued under subsection (2) is valid for 6 months and may be renewed for 1 additional 6-month term if the department determines the temporary licensee or registrant continues to meet the requirements of subsection (2) and needs additional time to fulfill the requirements for initial licensure or registration in this state. The department may place a limitation on a temporary license or certificate of registration granted under this section.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 2014, Act 149, Imd. Eff. June 11, 2014 ;-- Am. 2021, Act 26, Eff. Sept. 7, 2021
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 2 - (339.201...339.217) › Section 339.214 - Applicant Whose Records Unavailable From Foreign Country; Examination; Reciprocal License.

339.214 Applicant whose records unavailable from foreign country; examination; reciprocal license.
Sec. 214.
An applicant for licensure or registration pursuant to articles 8 to 25 whose records relative to education or experience required by an article are unavailable from a foreign country shall be allowed, upon approval of the board and the department, to take an examination or apply for a reciprocal license upon submitting the following to the department:
(a) A notarized affidavit approved by the department stating the total number of years of education received, the name of the school or schools attended, the dates each school was attended, the degree obtained, the courses taken, the grades received, and the names of each former employer.
(b) A notarized statement approved by the department from a governmental official testifying to unavailability of the necessary records.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 2 - (339.201...339.217) › Section 339.215, 339.216 - Repealed. 1994, Act 257, Imd. Eff. July 5, 1994.

339.215, 339.216 Repealed. 1994, Act 257, Imd. Eff. July 5, 1994.
Compiler's Notes:
The repealed sections pertained to creation of the commission on professional and occupational licensure and recommendations made to the legislature.
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 3 - (339.301...339.317) › Section 339.301 - Boards; Composition; Qualifications of Members; Director as Ex Officio Member.

339.301 Boards; composition; qualifications of members; director as ex officio member.
Sec. 301.
Each board shall consist of 9 voting members. Except as otherwise provided in this act, 6 of the members of a board shall be individuals who have a license or registration in the occupation which the board monitors. Except as otherwise provided in this act, 3 of the members of a board shall represent the general public. The director shall be an ex officio member without vote of a board, but is not a member for purposes of section 5 of article V of the state constitution of 1963 or for determining a quorum. A member, in addition to fulfilling the requirements set forth in an article, shall be not less than 18 years of age and shall be a resident of this state.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1990, Act 269, Imd. Eff. Oct. 17, 1990
Compiler's Notes:
For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 3 - (339.301...339.317) › Section 339.302 - Nomination and Appointment of Board Members.

339.302 Nomination and appointment of board members.
Sec. 302.
The governor shall appoint an individual as a member of a board with the advice and consent of the senate, including an individual appointed to fill a vacancy on a board. In making an appointment, the governor shall seek nominations from a wide range of interested groups and persons, including appropriate professional associations, consumer associations, labor unions, and other organizations or individuals.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 3 - (339.301...339.317) › Section 339.303a - Commencement of Terms; Dates.

339.303a Commencement of terms; dates.
Sec. 303a.
The term of office of a member of a board appointed under this article shall commence on 1 of the following dates, as applicable:
Accountancy
July 1
Architects
April 1
Barbers
October 1
Collection agencies
July 1
Cosmetology
January 1
Employment agencies
October 1
Hearing aid dealers
October 1
Land surveyors
April 1
Landscape architects
July 1
Mortuary science
July 1
Professional engineers
April 1
Real estate appraisers
July 1
Real estate brokers and salespersons
July 1
Residential builders
April 1
History:
Add. 1990, Act 269, Imd. Eff. Oct. 17, 1990 ;-- Am. 1995, Act 104, Imd. Eff. June 23, 1995 ;-- Am. 1995, Act 183, Imd. Eff. Oct. 23, 1995 ;-- Am. 2006, Act 489, Eff. Oct. 1, 2007 ;-- Am. 2014, Act 265, Imd. Eff. July 1, 2014
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 3 - (339.301...339.317) › Section 339.304 - Compensation and Expenses of Board Members.

339.304 Compensation and expenses of board members.
Sec. 304.
Annually the legislature shall fix the per diem compensation of a member of a board. Travel or other expenses incurred by a member of a board in the performance of an official function shall be payable by the department pursuant to the standardized travel regulations of the department of management and budget.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 3 - (339.301...339.317) › Section 339.305 - Board; Meetings; Quorum; Voting by Proxy Prohibited; Conduct of Meeting; Availability of Files.

339.305 Board; meetings; quorum; voting by proxy prohibited; conduct of meeting; availability of files.
Sec. 305.
(1) A board shall meet as often as necessary to fulfill its duties under this act, but shall meet not less than 2 times a year and at other dates set by the director. A majority of the members appointed and serving shall constitute a quorum. A member of a board shall not vote by proxy. A board shall conduct its meetings pursuant to Act No. 267 of the Public Acts of 1976, as amended, being sections 15.261 to 15.275 of the Michigan Compiled Laws.
(2) The files of the board shall be available to the public under section 208.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 3 - (339.301...339.317) › Section 339.306 - Board; Election of Officers; Vacancy; Bylaws; Report.

339.306 Board; election of officers; vacancy; bylaws; report.
Sec. 306.
(1) Annually a board shall elect a chairperson, a vice-chairperson, and other officers the board determines necessary. A board may fill a vacancy in an office of the board for the balance of the 1-year term.
(2) A board may adopt bylaws for the regulation of its internal affairs.
(3) A board shall report its activities to the department annually and as often as the director orders.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 3 - (339.301...339.317) › Section 339.307 - Board; Creation Within Department; Duties; Attendance of Board Member at Informal Conference; Assisting Department.

339.307 Board; creation within department; duties; attendance of board member at informal conference; assisting department.
Sec. 307.
(1) Each board created by this act shall be created within the department.
(2) A board's duties shall include the interpretation of a licensure or registration requirement of an article, 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 508. A board shall assist the department in the implementation of this act.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 3 - (339.301...339.317) › Section 339.308 - Promulgation of Rules.

339.308 Promulgation of rules.
Sec. 308.
(1) A board shall promulgate rules as required in the article in which it is created as are necessary and appropriate to fulfill its role.
(2) A board may promulgate rules to set the minimal standards of acceptable practice for an occupation for which the board is created.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name:
Act 299
Admin Rule:
R 338.1511 et seq.; R 338.2101 et seq.; R 338.5101 et seq.; R 339.601; R 339.6001 et seq.; R 339.14001 et seq.; R 339.15101 et seq.; R 339.16001 et seq.; R 339.17101 et seq.; R 339.18001 et seq.; R 339.18901 et seq.; R 339.19001 et seq.; R 339.22101 et seq.; and R 339.23101 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 3 - (339.301...339.317) › Section 339.309 - Assessment of Penalties.

339.309 Assessment of penalties.
Sec. 309.
A board, upon completion of a hearing conducted pursuant to section 511, shall assess a penalty or penalties as provided in article 6.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 3 - (339.301...339.317) › Section 339.310 - Aiding Department in Interpreting Licensure or Registration Requirements.

339.310 Aiding department in interpreting licensure or registration requirements.
Sec. 310.
A board shall aid the department in interpreting a licensure or registration requirement set forth in this act which is incomplete or subjective in nature to determine whether the person seeking a license or a certificate of registration or a renewal has met the requirements for the issuance or renewal.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 3 - (339.301...339.317) › Section 339.313 - Recommending Licensure of School, Institution, or Other Person; Recommending Approval or Recognition of Program Offering Training or Education.

339.313 Recommending licensure of school, institution, or other person; recommending approval or recognition of program offering training or education.
Sec. 313.
(1) A board shall recommend to the department whether to grant licensure to a school, institution, or other person or approval or recognition of a program which offers training or education in the occupation for which the board is created, unless it is the board's function to grant the licensure, approval, or recognition.
(2) Before recommending the licensure, approval, or recognition of a school, institution, or other person or a program, a board shall ascertain whether the school, institution, or other person or program provides the type of training which will provide a graduate with the knowledge and skills required to perform the occupation with competence.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 3 - (339.301...339.317) › Section 339.314 - Recommending Approval or Recognition of Continuing Education Program.

339.314 Recommending approval or recognition of continuing education program.
Sec. 314.
A board shall recommend to the department the approval or recognition of a program of continuing education which is required by an article, unless it is the board's function to grant the approval or recognition.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 3 - (339.301...339.317) › Section 339.315 - Failure to Receive Licensure, Approval, or Recognition; Protest; Review.

339.315 Failure to receive licensure, approval, or recognition; protest; review.
Sec. 315.
A school, institution, or other person which fails to receive licensure or approval, or approval or recognition of a program offered by the school, institution, or person may protest that decision and be granted an opportunity for review of that decision by the department under section 520 or 521.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 3 - (339.301...339.317) › Section 339.316 - Examination or Test; Development; Consideration of Material in Closed Session; Alternative Form of Testing.

339.316 Examination or test; development; consideration of material in closed session; alternative form of testing.
Sec. 316.
(1) Unless otherwise provided in an article, a board and the department shall develop an examination or test required by an 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 a person 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.
(3) A board and the department, in determining the form the recommended examination or test shall take, shall give special emphasis to an alternative form of testing which permits a person to demonstrate a special qualification a person may have which is not evident under a written examination, but which is related to an occupation. The alternative form of testing shall be structured to give weight to a person's experience, noninstitutional training, and innate skills and shall be flexible enough to enable a person with a mental or physical disability to demonstrate that the person has the requisite knowledge and skills.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1998, Act 90, Imd. Eff. May 13, 1998
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 3 - (339.301...339.317) › Section 339.317 - Surrendering Files of Abolished Board; Personnel, Office Space, and Items or Equipment to Be Utilized by Successor Board.

339.317 Surrendering files of abolished board; personnel, office space, and items or equipment to be utilized by successor board.
Sec. 317.
(1) A board abolished under this act shall surrender physical dominion over any files to the department.
(2) The successor board, until the department determines otherwise, shall utilize the personnel, office space, and items or equipment which were utilized by the abolished board and which are needed for the board to function.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 4 - (339.401...339.411) › Section 339.401 - Specific Amounts to Be Charged for Licenses, Registrations, and Other Activities.

339.401 Specific amounts to be charged for licenses, registrations, and other activities.
Sec. 401.
The specific amounts to be charged for licenses, registrations, and other activities provided for in this act shall be as prescribed in the state license fee act, Act No. 152 of the Public Acts of 1979, being sections 338.2201 to 338.2277 of the Michigan Compiled Laws.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1988, Act 463, Eff. Sept. 1, 1989
Compiler's Notes:
For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 4 - (339.401...339.411) › Section 339.402 - Definitions.

339.402 Definitions.
Sec. 402.
As used in this article:
(a) "Expiration date" means the date prescribed in rules promulgated by the department in accordance with section 202(2).
(b) "Reinstatement" means the granting of a license or registration, with or without limitations or conditions, to a person whose license or registration has been revoked.
(c) "Relicensure" means the granting of a license to a person whose license has lapsed for failure to renew the license within 60 days after the expiration date.
(d) "Reregistration" means the granting of a registration to a person whose registration has lapsed for failure to renew the registration within 60 days after the expiration date.
History:
Add. 1988, Act 463, Eff. Sept. 1, 1989
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 4 - (339.401...339.411) › Section 339.403 - Collection of Fees Charged Under Contract; Termination of Contract.

339.403 Collection of fees charged under contract; termination of contract.
Sec. 403.
(1) This act does not prohibit a person who has a contract with the department or any other person providing direct services from collecting fees directly from an applicant, registrant, or licensee.
(2) If the department terminates a contract with a person who has been administering a licensing or registration examination to applicants for licensure or registration in a specific profession, and the department itself begins to administer the examination, the department shall not charge an applicant a fee greater than the fee charged under the terminated contract unless the examination fee for that profession is increased under the state license fee act, Act No. 152 of the Public Acts of 1979, being sections 338.2201 to 338.2277 of the Michigan Compiled Laws.
History:
Add. 1988, Act 463, Eff. Sept. 1, 1989
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 4 - (339.401...339.411) › Section 339.405 - Nonrefundable Application Processing Fee; Examination or Inspection Fee; Fee for Initial License or Registration Period.

339.405 Nonrefundable application processing fee; examination or inspection fee; fee for initial license or registration period.
Sec. 405.
An application for a license or registration shall be accompanied by a nonrefundable application processing fee. The department may also require that the application be accompanied by the fee for a required examination or inspection or the fee for the initial license or registration period.
History:
Add. 1988, Act 463, Eff. Sept. 1, 1989
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 4 - (339.401...339.411) › Section 339.407 - Examination Fee; Forfeiture; Reexamination Fee; Publication of Application Deadline.

339.407 Examination fee; forfeiture; reexamination fee; publication of application 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 for the complete examination or such parts of the examination as must be repeated.
(4) The department shall publish in its application instructions the deadline by which applications must be received in order for an applicant to be scheduled for a required examination.
History:
Add. 1988, Act 463, Eff. Sept. 1, 1989
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 4 - (339.401...339.411) › Section 339.409 - Payment of Fee as Condition to Issuance of License and Registration; Amount; Period for Completion of Requirements for Licensure or Registration; Forfeiture of Fees; Effect of Void Application.

339.409 Payment of fee as condition to issuance of license and registration; amount; period for completion of requirements for licensure or registration; forfeiture of fees; effect of void application.
Sec. 409.
(1) Except as otherwise provided in section 411, the department shall not issue a license or registration to a person who has completed the requirements for a license or registration or who seeks to renew a license or registration until the person has paid the license or registration fee.
(2) License and registration fees shall be prescribed on a per year basis. If licenses and registrations are established by rules promulgated by the department under section 202 as biennial or triennial renewals, the fee required shall be twice or 3 times, as appropriate, the per year amount.
(3) Unless otherwise provided by this act or rules promulgated under this act, all requirements for licensure or registration shall be completed by the applicant within 1 year after receipt of the application by the department or mailing of a notice of an incomplete application to the last known address on file with the department, whichever is later. If the requirements are not completed, the fees paid shall be forfeited to the department and the application shall be void. A person whose application has been determined to be void under this subsection shall submit a new application and fees and shall meet the standards in effect on the date of receipt by the department of the new application.
History:
Add. 1988, Act 463, Eff. Sept. 1, 1989 ;-- Am. 2002, Act 611, Imd. Eff. Dec. 20, 2002 ;-- Am. 2004, Act 264, Imd. Eff. July 23, 2004
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 5 - (339.501...339.559) › Section 339.501 - Lodging or Filing Complaint.

339.501 Lodging or filing complaint.
Sec. 501.
A complaint which alleges that a person has violated this act or a rule promulgated or an order issued under this act shall be lodged with the department. The department of attorney general, the department, a board, or any other person may file a complaint.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980
Compiler's Notes:
For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 5 - (339.501...339.559) › Section 339.501a - Definitions.

339.501a Definitions.
Sec. 501a.
As used in this article:
(a) "Complainant" means a person who has filed a complaint with the department alleging that a person has violated this act or a rule promulgated or an order issued under this act. If a complaint is made by the department, the director shall designate 1 or more employees of the department to act as the complainant.
(b) "Respondent" means a person against whom a complaint has been filed who may be a person who is or is required to be licensed or registered under this act.
History:
Add. 1989, Act 261, Eff. Jan. 1, 1990
Popular Name:
Act 299
Admin Rule:
R 339.1001 et seq.; R 339.3101 et seq.; R 339.15101 et seq.; R 339.16001 et seq.; R 339.17101 et seq.; R 339.18001 et seq.; and R 339.19001 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 5 - (339.501...339.559) › Section 339.502 - Investigation; Correspondence File; Acknowledgment of Complaint; Complaint Made by Department.

339.502 Investigation; correspondence file; acknowledgment of complaint; complaint made by department.
Sec. 502.
The department, upon receipt of a complaint, immediately shall begin its investigation of the allegations of the complaint and shall open a correspondence file. The department shall make a written acknowledgment of the complaint within 15 days after receipt of the complaint to the person making 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 making the complaint.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 5 - (339.501...339.559) › Section 339.503 - Investigation; Petition to Issue Subpoena.

339.503 Investigation; petition to issue subpoena.
Sec. 503.
The department shall conduct the investigation required under section 502. In furtherance of that investigation, the department may request that the attorney general petition the circuit court to issue a subpoena requiring 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:
1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 5 - (339.501...339.559) › Section 339.504 - Investigation; Status Report; Time Extension; Closing and Reopening Complaint; Preparation of Appropriate Action; Informal Conference.

339.504 Investigation; status report; time extension; closing and reopening complaint; preparation of appropriate action; informal conference.
Sec. 504.
(1) The investigative unit of the department, within 30 days after the department receives the complaint, shall report to the director on the status 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 permitted under this section shall be included in the report required by section 212.
(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 complaint shall be closed by the department. The reasons for closing the complaint shall be forwarded to the respondent and complainant, who then may provide additional information to reopen the complaint.
(3) If the report of the investigative unit made pursuant to 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.
(4) At any time during its investigation or after the issuance of a formal complaint, the department may bring together the complainant and the respondent for an informal conference. At the informal conference, the department shall attempt to resolve issues raised in the complaint and may attempt to aid the parties in reaching a formal settlement or stipulation.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1989, Act 261, Eff. Jan. 1, 1990
Popular Name:
Act 299
Admin Rule:
R 339.1001 et seq.; R 339.3101 et seq.; R 339.15101 et seq.; R 339.16001 et seq.; R 339.17101 et seq.; R 339.18001 et seq.; and R 339.19001 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 5 - (339.501...339.559) › Section 339.505 - Summary Suspension of License or Certificate of Registration; Order; Affidavit; Petition to Dissolve Order; Hearing; Granting Requested Relief; Record.

339.505 Summary suspension of license or certificate of registration; order; affidavit; petition to dissolve order; hearing; granting requested relief; record.
Sec. 505.
(1) After an investigation has been conducted, the department may issue an order summarily suspending a license or a certificate of registration issued pursuant to articles 8 to 25 based on an affidavit by a person familiar with the facts set forth in the affidavit, or, if appropriate, based upon an affidavit on information and belief, that an imminent threat to the public health, safety, and welfare exists. Thereafter, the proceedings described in this article shall be promptly commenced and decided.
(2) A person whose license or certificate of registration has been summarily suspended under this section may petition the department to dissolve the order. Upon receiving a petition, the department immediately shall schedule a hearing to decide whether to grant or deny the requested relief.
(3) An administrative law hearings examiner shall grant the requested relief dissolving the summary suspension order, unless sufficient evidence is presented that an imminent threat to the public health, safety, and welfare exists which 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 hearing in a contested case.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 5 - (339.501...339.559) › Section 339.506 - Cease and Desist Order; Hearing; Request; Application to Restrain and Enjoin Further Violation.

339.506 Cease and desist order; hearing; request; application to restrain and enjoin further violation.
Sec. 506.
(1) After an investigation has been 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 ordered to cease and desist shall be 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) Upon a violation of a cease and desist order issued under this act, the department of the attorney general may apply in the circuit court of this state to restrain and enjoin, temporarily or permanently, or both, a person from further violating a cease and desist order.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 5 - (339.501...339.559) › Section 339.507 - Informal Conference; Criminal Prosecution; Other Action Authorized by Act.

339.507 Informal conference; criminal prosecution; other action authorized by act.
Sec. 507.
A summary suspension order, cease and desist order, or injunctive relief issued or granted in relation to a license or certificate of registration issued pursuant to articles 8 to 25 shall be in addition to and not in place of an informal conference; criminal prosecution; or proceeding to deny, revoke, suspend, or place a limitation on, a license or certificate of registration or any other action authorized by this act.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 5 - (339.501...339.559) › Section 339.508 - Formal Complaint and Notice; Service; Options; Attendance at Informal Conference; Methods of Settlement; Representation.

339.508 Formal complaint and notice; service; options; attendance at informal conference; methods of settlement; representation.
Sec. 508.
(1) After an investigation has been conducted and a formal complaint prepared, the department shall serve the formal complaint upon the respondent and the complainant. At the same time, the department shall serve the respondent with a notice describing the compliance conference and hearing processes and offering the respondent a choice of 1 of the following opportunities:
(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 prior to holding a contested case hearing, as required by section 92 of the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being section 24.292 of the Michigan Compiled Laws.
(c) An opportunity to proceed to a contested case hearing as set forth in section 71 of Act No. 306 of the Public Acts of 1969, being section 24.271 of the Michigan Compiled Laws.
(2) A respondent upon whom service of a formal complaint has been made pursuant to this section may select, within 15 days after the receipt of notice, 1 of the options described in subsection (1). If a respondent does not select 1 of those options within the time period described in this section, then the department shall proceed to a contested case hearing as described in subsection (1)(c).
(3) An informal conference may be attended by a member of the board, at the discretion of that board, or by a member of a committee and may result in a settlement, consent order, waiver, default, or other method of settlement agreed upon 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 provided for in article 6. A board may reject a settlement and require a contested case hearing under section 71 of Act No. 306 of the Public Acts of 1969, as amended, being section 24.271 of the Michigan Compiled Laws.
(4) An authorized employee or agent of the department may represent the department in any contested case hearing held pursuant to Act No. 306 of the Public Acts of 1969.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1989, Act 261, Eff. Jan. 1, 1990
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 5 - (339.501...339.559) › Section 339.510 - Showing Compliance With Act, Rule, or Order.

339.510 Showing compliance with act, rule, or order.
Sec. 510.
This act does not prevent a person against whom a complaint has been filed from showing compliance with this act, or a rule or an order promulgated or issued under this act, under section 92 of Act No. 306 of the Public Acts of 1969, as amended.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 5 - (339.501...339.559) › Section 339.511 - Hearing.

339.511 Hearing.
Sec. 511.
If an informal conference is not held or does not result in a settlement of a complaint, a hearing pursuant to section 92 of Act No. 306 of the Public Acts of 1969, as amended, shall be held. A hearing under this section may be attended by a member of a board.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 5 - (339.501...339.559) › Section 339.512 - Subpoena.

339.512 Subpoena.
Sec. 512.
The department or the department of the attorney general may petition a circuit court to issue a subpoena which shall require the person subpoenaed to appear or testify or produce relevant documentary material for examination at a proceeding conducted under section 511 or 508.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 5 - (339.501...339.559) › Section 339.513 - Findings of Fact and Conclusions of Law; Hearing Report; Copies; Complaint Involving Professional Standards of Practice.

339.513 Findings of fact and conclusions of law; hearing report; copies; complaint involving professional standards of practice.
Sec. 513.
(1) Except as provided in subsection (3), at the conclusion of a hearing conducted under section 511, 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 penalties to be assessed as prescribed in article 6.
(2) A copy of a hearing report shall be submitted to the person who made the complaint and to the person against whom the complaint was lodged.
(3) For a complaint involving professional standards of practice under article 7, a majority of the members of the board who have not participated in an investigation of the complaint or who have not attended an informal conference, shall sit to make findings of fact in relation to the complaint.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 5 - (339.501...339.559) › Section 339.514 - Determination of Penalties to Be Assessed; Hearing Report; Transcript; Time Limit; Board Member Prohibited From Participating in Final Determination.

339.514 Determination of penalties to be assessed; hearing report; transcript; time limit; board member prohibited from participating in final determination.
Sec. 514.
(1) Within 60 days after receipt of an administrative law hearings examiner's hearing report, the board receiving the hearing report shall meet and make a determination of the penalties to be assessed under article 6. The board's determination shall be made on the basis of 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 upon request. If a transcript or a portion of the transcript is requested, the board's determination of the penalty or penalties to be assessed under article 6 shall be made at a meeting within 60 days after receipt of a 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 prescribed by subsection (1), the director may determine the appropriate penalty and issue a final order for occupations regulated under articles 8 to 25.
(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 shall not participate in making a final determination in a proceeding on that complaint.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 5 - (339.501...339.559) › Section 339.515 - Petition for Review Generally.

339.515 Petition for review generally.
Sec. 515.
A person seeking a license or certificate of registration 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 certificate of registration or renewal.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 5 - (339.501...339.559) › Section 339.516 - Petition for Review; Contents.

339.516 Petition for review; contents.
Sec. 516.
A petition submitted under section 515 shall be in writing and shall set forth the reasons the petitioner feels the licensure or registration should be issued.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 5 - (339.501...339.559) › Section 339.517 - Consideration of Petition; Alternative Form of Testing; Personal Interview.

339.517 Consideration of petition; alternative form of testing; personal interview.
Sec. 517.
In considering a petition submitted under section 515 for an occupation regulated under articles 8 to 25, the department and the appropriate board may administer an alternative form of testing to the petitioner, or conduct a personal interview with the petitioner, or both.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 5 - (339.501...339.559) › Section 339.518 - Issuance of License or Certificate of Registration or Renewal Based on Review of Petitioner's Qualifications.

339.518 Issuance of license or certificate of registration or renewal based on review of petitioner's qualifications.
Sec. 518.
The department may issue a license or certificate of registration or renewal for an occupation regulated under articles 8 to 25, if based on a review of the qualifications of the person who submitted a petition under section 515, the department and the appropriate board determine that the person could perform the occupation with competence.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name:
Act 299