reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Health and Human Services › Division of Family and Community Health › Blood Lead Analysis Reporting › Section R. 325.9086 - Confidentiality of reports

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) Except
				as provided in subrule (2) of this rule, the department shall maintain the
				confidentiality of all reports of blood lead tests submitted to the department
				and shall not release reports or information that may be used to directly link
				the information to a particular individual.
(2) The department may release reports or
				information, otherwise protected under subrule (1) of this rule, under any of
				the following conditions:
(a) If the
				department has received written consent from the individual, or from the
				individual's parent or legal guardian, requesting the release of
				information.
(b) If necessary for
				law enforcement investigation or prosecution of a property manager, housing
				commission, or owner of a rental unit under section 5475a of the public health
				code, 2004 PA 434, MCL 333.5475a.
(c) If the director of the department
				determines that release is crucial to protect the public health against
				imminent threat or danger.
(d) As
				necessary for the department to carry out its duties under the public health
				code, 1978 PA 368, MCL 333.1101 to 333.25211.
(e) If necessary for the purpose of research
				designed to develop or contribute to generalizable knowledge, with documented
				approval by the departments institutional review board.
(f) If necessary for the purpose of public
				health activities designed to prevent or mitigate lead poisoning within a
				community.
Michigan Administrative Code › Department - Health and Human Services › Division of Family and Community Health › Vision Screening and of Preschool and School-age Children › Section R. 325.13091 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used
				in these rules:
(a) "Clinic" means a place
				where vision screening is done, such as a school, a nursery, or a local health
				department facility.
(b) "Code"
				means 1978 PA 368, MCL 333.1101 et seq.
(c) "Screening" means the overall procedure
				which employs a number of tests designed to determine if an individual should
				be referred for a professional eye examination.
(d) "Test" means an individual specific
				procedure used to determine if an individual should be referred for a
				professional eye examination.
Michigan Administrative Code › Department - Health and Human Services › Division of Family and Community Health › Vision Screening and of Preschool and School-age Children › Section R. 325.13092 - Vision tests

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) Vision
				tests of preschool children who have not yet registered for the first time in
				school shall include tests for monocular and binocular visual acuity and for
				eye muscle function.
(2) Vision
				tests for school-age children shall include tests for monocular visual acuity
				and for eye muscle function.
(3)
				The procedures used in vision screening and testing shall be approved by the
				department.
Michigan Administrative Code › Department - Health and Human Services › Division of Family and Community Health › Vision Screening and of Preschool and School-age Children › Section R. 325.13093 - Vision technician training

Current through Vol. 24-12, July 15, 2024
Rule 3. Public health vision screening and vision tests shall
				  be given by individuals trained to properly administer the screening and tests.
				  The method of their training shall be approved by the
				  department.
Michigan Administrative Code › Department - Health and Human Services › Division of Family and Community Health › Vision Screening and of Preschool and School-age Children › Section R. 325.13094 - Frequency of screening

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) Vision
				screening of preschool children shall be done at least once during the ages 3
				to 5 years.
(2) Vision screening of
				school-age children shall, at a minimum, be done in grades 1, 3, 5, 7, 9, or
				grades 1, 3, 5, 7 and in conjunction with driver training. For school children
				who are not in graded programs, screening shall be done biennially starting at
				age 6.
Michigan Administrative Code › Department - Health and Human Services › Division of Family and Community Health › Vision Screening and of Preschool and School-age Children › Section R. 325.13095 - Follow-up notices

Current through Vol. 24-12, July 15, 2024
Rule 5. The statement required by section 9305 of the code
				  shall be a written statement that an eye examination by an ophthalmologist or
				  optometrist is required. The statement shall be given or sent to the parent or
				  guardian of the child.
Michigan Administrative Code › Department - Health and Human Services › Division of Family and Community Health › Vision Screening and of Preschool and School-age Children › Section R. 325.13096 - Vision screening or test results

Current through Vol. 24-12, July 15, 2024
Rule 6. Copies of the results of the vision screening or
				  testing shall be forwarded to the department on a monthly basis within 30 days
				  after the screening or testing is administered.
Michigan Administrative Code › Department - Health and Human Services › Division of Family and Community Health › Child Death Scene Investigation › Section R. 330.1 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used
				in these rules:
(a) "County medical examiner"
				means the physician appointed by the board of commissioners in a county,
				responsible for investigating the cause and manner of deaths of individuals, in
				accordance with MCL 52.201 and 52.202.
(b) "Deputy county medical examiner" means
				the physician appointed by the board of commissioners in a county, and approved
				by the County Medical Examiner, responsible for investigating the cause and
				manner of deaths of individuals, in accordance with MCL 52.201 and
				52.202.
(c) "Investigation of a
				death" means any of the following: gross external examination of the body,
				autopsy, toxicology, review of medical history, review of incident scene
				information, interviews with survivors and witnesses.
(d) "Manner" means how the cause of death
				arose and is classified on the death certificate. Natural deaths are caused
				exclusively by disease. If an injury, such as mechanical, chemical, electrical
				causes or contributes to death, then the death is classified on the death
				certificate as non-natural and is subclassified as accident, homicide, suicide
				or not determinable.
(e) "Cause of
				Death" means the actual disease, injury or complications that directly resulted
				in the death of an individual.
(f)
				"State of Michigan protocols to determine cause and manner of sudden and
				unexplained child deaths" means the state of Michigan's standard of
				investigation for determination of cause and manner of deaths of children under
				age two, when circumstances are sudden and unexplained. The protocol includes
				three components: the Incident Death Scene Investigation Guidelines, the Child
				Autopsy Checklist, and the Child's Medical History Case Review.
(g) "Incident death scene" means the location
				where the child was first found unresponsive, not breathing, or obviously
				dead.
(h) "SIDS" or "sudden infant
				death syndrome" means a cause of death defined as the sudden death of an infant
				under 1 year of age which remains unexplained after a thorough case
				investigation, including performance of a complete autopsy, examination of the
				death scene, and review of the clinical history.
Michigan Administrative Code › Department - Health and Human Services › Division of Family and Community Health › Child Death Scene Investigation › Section R. 330.2 - Child death scene investigation protocol

Current through Vol. 24-12, July 15, 2024
Rule 2. Before making a cause and manner determination on the
				  death certificate of deaths of children under age 2, when the circumstances in
				  these deaths are sudden and unexplained, the county medical examiner or deputy
				  county medical examiner shall ensure that an incident death scene
				  investigation, autopsy, and the medical history case review are completed, in
				  accordance with the "2006 State of Michigan Protocols to Determine Cause and
				  Manner of Sudden and Unexplained Child Deaths," which can be obtained at no
				  cost from the Michigan Department of Community Health, Division of Family and
				  Community Health, 109 West Michigan Avenue, Lansing, Michigan, 48913, or from
				  the Michigan Public Health Institute, Child and Adolescent Health Program, at
				  2438 Woodlake Circle, Suite 240, Okemos, Michigan, 48864. These protocols may
				  also be obtained on the internet at www.keepingkidsalive.org.
Michigan Administrative Code › Department - Health and Human Services › Division of Family and Community Health › Child Death Scene Investigation › Section R. 330.3 - Approval of alternate protocol

Current through Vol. 24-12, July 15, 2024
Rule 3. A county medical examiner or deputy county medical
				  examiner may utilize an alternate protocol for all cases within a county to
				  determine cause and manner of sudden and unexplained deaths of children under
				  age 2. An alternate protocol used by a county jurisdiction shall be approved by
				  the department of community health before utilization.
Michigan Administrative Code › Department - Health and Human Services › Division of Family and Community Health › Child Death Scene Investigation › Section R. 330.4 - SIDS as cause of death

Current through Vol. 24-12, July 15, 2024
Rule 4. A county medical examiner or deputy county medical
				  examiner shall not declare cause of death as SIDS (Sudden Infant Death
				  Syndrome) unless an autopsy, incident death scene investigation, and review of
				  child's medical history are completed.
Michigan Administrative Code › Department - Insurance and Financial Services › Deferred Presentment Statewide Database › Section R. 487.2121 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1. As used in these rules:
(a) "Act" means the Deferred Presentment
			 Service Transactions Act, 2005 PA 244, MCL 487.2121 to MCL 487.2173.
(b) "Archive" means to copy data to a
			 long-term storage mechanism apart from the database.
(c) "Commissioner" means the commissioner of
			 the office of financial and insurance services.
(d) "Customer transaction data" means all
			 data reported to the database pertinent to a particular customer transaction,
			 including the date of the transaction, identification of the licensee and
			 location, the sum of money involved, the time payment is deferred, fees
			 charged, any alleged violations of the Act, and any identifying customer
			 information.
(e) "Database" means
			 the database described specifically in Section 22 of the act.
(g) "Delete" means to erase data by
			 overwriting the data.
(h)
			 "Identifying customer information" means the name of the customer, his or her
			 Social Security number, driver license number, or other state-issued
			 identification number, address, any account numbers or information specific to
			 a check or draft drawn by a customer on a bank, savings bank, savings and loan
			 association, or credit union, and any other nonpublic, personal financial
			 information of a customer entered into the database or that comes into the
			 possession of the database provider through customer or licensee inquiry or
			 report.
(i) Other terms defined in
			 the act have the same meanings when used in these rules.
Michigan Administrative Code › Department - Insurance and Financial Services › Deferred Presentment Statewide Database › Section R. 487.2122 - Data retention; archiving; deletion

Current through Vol. 24-12, July 15, 2024
Rule 2. The database provider shall do all of the
				following:
(a) Retain data in the
			 database only as required to ensure licensee compliance with the act.
(b) Archive data in the database concerning a
			 customer transaction within 365 days after the customer transaction is closed
			 unless notified by the commissioner that such data is needed for a pending
			 enforcement action.
(c) Delete any
			 identifying customer data from the database when data are archived.
(d) Delete data concerning a customer
			 transaction from the database 3 years after the customer transaction is closed
			 or upon completion as determined by the Commissioner of any enforcement action
			 pending 3 years after a customer transaction is closed, whichever is
			 later.
Michigan Administrative Code › Department - Insurance and Financial Services › Deferred Presentment Statewide Database › Section R. 487.2123 - Implementation

Current through Vol. 24-12, July 15, 2024
Rule 3. For the purpose of implementing the archiving and
				deletion requirements of Section 22(3) of the act, MCL 487.2142(3) and
				R
				487.2122, the database provider shall deem closed on
				July 31, 2006, the date the database became fully operational, all transactions
				closed during the database pilot program period described in Section 22(1) of
				the act, MCL 487.2142(1).
Michigan Administrative Code › Department - Insurance and Financial Services › Credit Insurance Age Underwriting › Section R. 500.2031 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used in
			 these rules:
(a) "Act" means Act No. 173 of
			 the Public Acts of 1958, as amended, being S550.60l et seq. of the Michigan
			 Compiled Laws, and known as the credit insurance act.
(b) "Code" means Act No. 218 of the Public
			 Acts of 1956, as amended, being S500.100 et seq. of the Michigan Compiled Laws,
			 and known as the insurance code of 1956.
Michigan Administrative Code › Department - Insurance and Financial Services › Credit Insurance Age Underwriting › Section R. 500.2032 - Prohibited underwriting practices

Current through Vol. 24-12, July 15, 2024
Rule 2. For purposes of section 2027(a)(ii) of the code, with
				respect to the underwriting of credit life insurance, a reasonable relationship
				does not exist between any age up to and including age 70 and the extent of the
				risk or the coverage issued or to be issued. In transacting credit life
				insurance, insurers shall not refuse to insure, refuse to continue to insure,
				or limit the amount of insurance available to an individual because the person
				is age 70 or under. This prohibition shall not apply to any disability benefit
				in connection with credit life insurance coverage.
Michigan Administrative Code › Department - Insurance and Financial Services › Financial Institutions › Mortgage and Home Lending Practices › Section R. 445.1001 - Definitions and explanation of terms

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used
				in these rules and the act:
(a) "Act" means
				Act No. 135 of the Public Acts of 1977, as amended, being S445.1601 et seq. of
				the Michigan Compiled Laws.
(b)
				"Administrative procedures act" means Act No. 306 of the Public Acts of 1969,
				as amended, being S24.201 et seq. of the Michigan Compiled Laws.
(c) "Branch office" or "service center" does
				not mean an electronic funds transfer facility or a branch or service center
				that is exclusively a drive-in branch or drive-in service center.
(d) "Bureau" means the financial institutions
				bureau of the Michigan department of commerce.
(e) "Contested case hearing" means a hearing
				conducted pursuant to chapter 4 of the administrative procedures act, being
				SS24.271 to 24.281 of the Michigan Compiled Laws.
(f) "Loan inquiry" means a request made in
				person or by telephone, letter, or other communication device that is related
				to the prospects of obtaining a mortgage loan or a home improvement loan from a
				credit-granting institution.
(g)
				"Neighborhood," as defined in section
				1(h)
				of the act, includes an area designated by a single zip code number under the
				zoning improvement plan of the United States postal service for any area
				located within a standard metropolitan statistical area that has not been
				assigned a census tract number as defined by the United States bureau of the
				census.
(h) "Objections" means
				exceptions and written arguments made by a party adversely affected by a
				proposal for decision to a contested case hearing held pursuant to these
				rules.
Michigan Administrative Code › Department - Insurance and Financial Services › Financial Institutions › Mortgage and Home Lending Practices › Section R. 445.1002 - Forms, reports, and correspondence; providing requested copies

Current through Vol. 24-12, July 15, 2024
Rule 2. A credit-granting institution shall be deemed in
				  compliance with section 2(7) of the act if the copies of completed forms,
				  reports, or correspondence requested by an applicant are mailed within a
				  reasonable time after receipt of the request.
Michigan Administrative Code › Department - Insurance and Financial Services › Financial Institutions › Mortgage and Home Lending Practices › Section R. 445.1004 - Pamphlet or document required pursuant to section 2(10) of the act; availability

Current through Vol. 24-12, July 15, 2024
Rule 4. The pamphlet or document required to be made
				  available pursuant to section 2(10) of the act shall be available where loan
				  applications or loan inquiries are routinely received by the credit-granting
				  institution and where the public may obtain a copy without the aid of an
				  employee of the credit-granting institution.
Michigan Administrative Code › Department - Insurance and Financial Services › Financial Institutions › Mortgage and Home Lending Practices › Section R. 445.1005 - Notice to inquirers and loan applicants required by section 5 of the act; printing; type size requirements

Current through Vol. 24-12, July 15, 2024
Rule 5. The text of the written notice required by section 5
				  of the act shall be printed in 18-point or larger medium face type, and the
				  heading shall be printed in 48-point or larger capital letter boldface
				  type.
Michigan Administrative Code › Department - Insurance and Financial Services › Financial Institutions › Mortgage and Home Lending Practices › Section R. 445.1022 - Complaint; form; initiation of investigation pursuant to section 8(1) of the act

Current through Vol. 24-12, July 15, 2024
Rule 22.
(1) The
				commissioner shall prescribe a standardized complaint form and make it
				available to any individual who desires to file a written complaint alleging a
				violation of the act by a credit-granting institution.
(2) The commissioner shall provide a copy of
				the complaint form prescribed in subrule (1) of this rule to each depository
				credit-granting institution. The commissioner shall provide a copy of the
				complaint form prescribed in subrule (1) of this rule to each nondepository
				credit-granting institution that makes a request and provides its name and
				address. A credit-granting institution may duplicate the complaint form in
				order to provide sufficient copies for use by its loan applicants or
				inquirers.
(3) The complaint form
				shall be provided by a credit-granting institution upon receipt of a written
				request mailed or delivered to any office of the credit-granting institution or
				upon a request made in person at the main office of the credit-granting
				institution in the area of the main office where loan applications or loan
				inquiries are routinely received.
(4) An investigation pursuant to section 8(1)
				of the act shall be initiated if a written complaint is received by the bureau
				and is determined by the commissioner or a representative of the commissioner
				to contain sufficient information to constitute an allegation of a violation of
				the act by a credit-granting institution.
Michigan Administrative Code › Department - Insurance and Financial Services › Financial Institutions › Mortgage and Home Lending Practices › Section R. 445.1024 - Investigation; location; written response; report of findings

Current through Vol. 24-12, July 15, 2024
Rule 24
(1) An
				investigation conducted pursuant to section 8(1) of the act may include an
				inspection of the books, records, papers, documents, or files of the
				credit-granting institution and may be conducted by either or both of the
				following means:
(a) An on-site investigation
				at the office of the credit-granting institution where an application was
				submitted or loan inquiry was made that is the subject of a written complaint
				or at an office of the credit-granting institution where the commissioner or a
				representative of the commissioner reasonably believes the materials and
				information necessary to conduct an investigation are located.
(b) By serving the chief executive officer of
				the credit-granting institution with a notice of investigation that requires a
				written response to an allegation of a violation of the act and submission of
				copies of all requested materials and information pertaining to the alleged
				violation.
Michigan Administrative Code › Department - Insurance and Financial Services › Financial Institutions › Mortgage and Home Lending Practices › Section R. 445.1030 - Violation of act; fine; recommendation in proposal for decision

Current through Vol. 24-12, July 15, 2024
Rule 30.
(1) If
				after an investigation the commissioner, or a representative of the
				commissioner concludes that the credit-granting institution has violated the
				act, the report of findings shall contain a recommendation stating whether a
				fine should be imposed pursuant to section 12 of the act.
(2) If the report of findings contains a
				conclusion that the act has been violated, recommends the imposition of a fine,
				or both, a notice of opportunity for a contested case hearing shall accompany
				the report of findings served on the chief executive officer of the
				credit-granting institution.
Michigan Administrative Code › Department - Insurance and Financial Services › Financial Institutions › Mortgage and Home Lending Practices › Section R. 445.1036 - Contested case hearing; proposal for decision; objections; final decision; rehearing; judicial review

Current through Vol. 24-12, July 15, 2024
Rule 36.
(1) A
				proposal for decision of a contested case hearing held pursuant to these rules
				shall be served on the chief executive officer of the credit-granting
				institution or any other party.
(2)
				The proposal for decision shall become the final decision of the bureau unless
				either of the following provisions is complied with:
(a) Within 20 days from the date of service,
				or within a period the commissioner may authorize, an adversely affected party
				files objections with the commissioner, who shall do either of the following:
(i) Review the hearing record, proposal for
				decision, and objections and within a reasonable time after the review, issue
				the final decision and final order of the bureau.
(ii) Order a hearing over which the
				commissioner presides and which is limited in scope to the issues raised in the
				objections, review the hearing records, and proposal for decision, and within a
				reasonable time after the review issue the final decision and final order of
				the bureau.
Michigan Administrative Code › Department - Insurance and Financial Services › Financial Institutions › Mortgage and Home Lending Practices › Section R. 445.1037 - Payment of fine

Current through Vol. 24-12, July 15, 2024
Rule 37. If a fine is to be assessed against a
				  credit-granting institution, it shall be payable to the "State of Michigan" for
				  deposit in the general fund and shall be paid within 30 days from the date of
				  the order, unless stayed by further order of the commissioner or an order of
				  the circuit court that has jurisdiction over the matter.
Michigan Administrative Code › Department - Insurance and Financial Services › Financial Institutions › Debt Management › Section R. 451.1221 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1. As used in these rules:
(a) "Act" means the debt management act, 1975
				PA 148, MCL 451.411 to 451.437.
(b)
				"Certified counselor" means that term as defined in section 2(b) of the act,
				MCL 451.412.
(c) "Department" means
				the department of insurance and financial services.
(d) "Firm" means a debt management licensee
				or exempt person.
(e) "Monthly
				amortizable amount" means the payment made in equal monthly amounts,
				extinguishing the fees and charges stated in the contract, less the $50.00
				initial fee. No more than 1 monthly fee may be taken in any calendar
				month.
(f) "Rate" means the
				percentage of a firm's fees or charges in relation to the debt to be liquidated
				during the life of the contract.
Michigan Administrative Code › Department - Insurance and Financial Services › Financial Institutions › Debt Management › Section R. 451.1222 - Application for license or exemption order; renewal application

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) The
				application for license or exemption order must be on the form prescribed by
				the department.
(2) The application
				must be accompanied by the financial statements of the applicant for its last
				fiscal year and as of a date not more than 45 days prior to the
				filing.
(3) Financial statements,
				for the purposes of this rule, must include a balance sheet and income
				statement prepared in accordance with generally accepted accounting
				principles.
(4) Payment of fees
				must be made by a check payable to the "State of Michigan."
(5) The original application must be
				accompanied by a business history form for each officer and director if an
				association or corporation, for each partner if a partnership, for each member
				if a limited liability company, and for each proprietor, counselor, and officer
				manager. A credit report on the firm must also be submitted.
(6) A firm that has operated without
				interruption during the past year under a license or exemption order pursuant
				to section 4(2) of the act, MCL 451.414, may file a renewal application on the
				form prescribed by the department.
(7) The application must request a license or
				exemption order for each location from which the business of debt management is
				conducted.
(8) In the event of a
				change of business form, a new application must be filed prior to the effective
				date of the change. The application must include payment of a new fee as on
				renewal application.
(9) The
				department shall not accept for filing an application with a name that would
				cause confusion with the name of an existing firm or governmental agency or
				cause confusion about services to be received from a licensee.
Michigan Administrative Code › Department - Insurance and Financial Services › Financial Institutions › Debt Management › Section R. 451.1223 - Amended application

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) A
				proposed change of name of a firm must be filed with the department for
				approval prior to effecting the change. The department shall not accept a name
				change that would be confusing with the name of an existing firm or
				governmental agency, or cause confusion about services to be received from a
				licensee. An amended application must be filed contemporaneously with the name
				change.
(2) A firm shall file an
				amended application with the department within 5 days of the occurrence of any
				of the following:
(a) If a firm is a
				corporation, a change in its officers or directors.
(b) If a firm is a partnership, a change in
				its partners.
(c) If a firm is a
				sole proprietorship, a change in ownership.
(d) If a firm is limited liability company, a
				change in its members.
(e)
				Conviction of an officer, director, partner, member, or sole proprietor of the
				firm of a felony or misdemeanor involving moral turpitude.
(f) Insolvency, filing in bankruptcy,
				receivership, or assignment for the benefit of creditors of the
				licensee.
Michigan Administrative Code › Department - Insurance and Financial Services › Financial Institutions › Debt Management › Section R. 451.1225 - Notice of termination of bond

Current through Vol. 24-12, July 15, 2024
Rule 5. If a surety company gives 30 days' notice of
				  termination of a bond, the firm, if continuing in the debt management business,
				  shall furnish a satisfactory new bond before the expiration of the 30 days.
				  Failure to maintain a bond is cause for issuance of a summary suspension
				  order.
Michigan Administrative Code › Department - Insurance and Financial Services › Financial Institutions › Debt Management › Section R. 451.1226 - Debt management contract; budget analysis format; creditors agreement form

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) The
				applicant shall file a copy of its proposed debt management contract for
				debtors at the time of filing its application for review and acceptance by the
				department.
(2) The applicant shall
				file a copy of its proposed budget analysis format with the
				department.
(3) A true copy of the
				budget analysis must be provided to each debtor before a contract is
				signed.
(4) The applicant shall
				file a copy of its proposed creditor's agreement form with the
				department.
Michigan Administrative Code › Department - Insurance and Financial Services › Financial Institutions › Debt Management › Section R. 451.1227 - Books and records

Current through Vol. 24-12, July 15, 2024
Rule 7. The firm shall make and keep current the following books and records relating to its business:
(a) Journals or other records of original entry containing an itemized daily record of all payments and receipts for, or on behalf of, debtors of the firm, all receipts and disbursements of cash, and all other debits and credits.
(b) Ledgers or other records reflecting all assets, liabilities, income, expense, and capital accounts. The books and records included in this subdivision are not current unless the firm updates and posts to the books and records at least monthly.
(c) Ledger accounts or other records, itemizing separately as to each debtor all receipts from the debtor, payments to the firm, and disbursements on behalf of the debtor, the creditor's representative contacted, the response obtained or whether there has been a response within 14 days after the mailing of the creditor consent form, any revised or special conditions or arrangements conditioning the consent, and the date the required consents were secured.
(d) A complaint file containing copies of all written complaints made to the firm by debtors.
(e) Personnel files for all employees, listing the employee's name, current home address, home phone number, social security number, and a record of all compensation.
Michigan Administrative Code › Department - Insurance and Financial Services › Financial Institutions › Debt Management › Section R. 451.1228 - Financial reports; audit

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) The
				department may at any time require the filing of special financial or other
				operational reports if it finds that such filing is in the public interest and
				for the protection of debtors.
(2)
				If a firm services more than 100 debtors, an audit is required of the firm
				annually. The audit must be done pursuant to an approved audit plan submitted
				by an independent accountant and accepted by the department in
				writing.
Michigan Administrative Code › Department - Insurance and Financial Services › Financial Institutions › Debt Management › Section R. 451.1230 - Cancellation of contract

Current through Vol. 24-12, July 15, 2024
Rule 10. Upon written notice of cancellation of a contract,
				  the firm shall promptly refund to the debtor all the amounts due the debtor.
				  Failure to make prompt repayment shall constitute an unethical business
				  practice, and may constitute grounds for summary suspension. The firm shall not
				  be required to stop payment of checks to creditors pursuant to this
				  cancellation, and may retain in the account funds relating to lost checks for
				  subsequent reissue to the same creditor.
Michigan Administrative Code › Department - Insurance and Financial Services › Financial Institutions › Debt Management › Section R. 451.1234 - Dishonest or unethical business conduct

Current through Vol. 24-12, July 15, 2024
Rule 14. Dishonest or unethical business conduct, as provided
				  in section 9 of the act, MCL 451.419, includes, but is not limited to, the
				  following:
(a) Failure to promptly
				refund a debtor's money upon written cancellation of a contract.
(b) Borrowing money from a debtor.
(c) Giving preference to creditors for the
				convenience or benefit of the firm rather than the primary benefit of the
				debtor.
(d) Receiving money from
				the debtor, except as provided in the contract with the debtor, which contract
				has been accepted as to form and content by the department.
(e) Failing to promptly record on the books
				of the firm any transaction involving funds of the debtor.
(f) Paying funds of a debtor to a fictitious
				creditor.
(g) Accepting a rebate,
				kickback, or other remuneration for payment of a debtor's obligations, except
				under a plan approved by the department and fully disclosed to the
				debtor.
(h) Using debtors' funds as
				compensating balances for loans.
(i) Making erasures or changes on the portion
				of the client account card used for recording payments received from the
				debtor, on checks issued to creditors, on fees taken, or on the dates of such
				entries. If a correction is needed, the error must have 1 line drawn through it
				and be initialed by an individual authorized by the licensee who did not make
				the correction or change. All entries must be made with ink, be typewritten, or
				be made by other machine entry.
Michigan Administrative Code › Department - Insurance and Financial Services › Financial Institutions › Debt Management › Section R. 451.1235 - Posting statutory provision, address, and phone number; filing fee schedule and amendments thereto

Current through Vol. 24-12, July 15, 2024
Rule 15.
(1) The
				firm shall prominently post at each business location and website the
				provisions of sections 13(1) and (2), 14(1), and 18 of the act, MCL 451.423,
				451.424, and 451.428, as well as the address and phone number of the
				department.
(2) The firm shall
				annually file with the department its fee schedule or a schedule of its range
				of fees, and shall file amendments to that schedule 5 days prior to any change
				in fees charged to the debtor.
Michigan Administrative Code › Department - Insurance and Financial Services › Financial Institutions › Debt Management › Section R. 451.1236 - Employment qualifications

Current through Vol. 24-12, July 15, 2024
Rule 16. Except as approved by the administrator, a firm
				  shall not knowingly employ as an office manager or counselor a person who has
				  done any of the following:
(a) Been
				convicted of a crime involving moral turpitude, which includes forgery,
				embezzlement, obtaining money under false pretenses, larceny, extortion,
				conspiracy to defraud, or any other like offense.
(b) Violated or failed to comply with a
				provision of the act, or a rule or order promulgated or issued pursuant to the
				act.
(c) Had a license to engage in
				the business of debt management revoked or suspended in this state or another
				state for any reason other than failure to pay licensing fees.
(d) Defaulted in the payment of money
				collected for others, including the discharge of debts, because of bankruptcy
				proceedings. The director of the department may, at his or her discretion,
				waive this restriction if provided with evidence of justifiable cause for the
				bankruptcy, plus convincing evidence of the fitness of the bankrupt party to
				carry out his or her functions under the act.
Michigan Administrative Code › Department - Insurance and Financial Services › Financial Institutions › Debt Management › Section R. 451.1238 - License

Current through Vol. 24-12, July 15, 2024
Rule 18.
(1) A
				license must be issued for each main office and branch office rendering debt
				management service.
(2) Whenever a
				licensee or exempt person discontinues the business of debt management, whether
				totally or at a specific location, the license certificate, or exemption order,
				must be mailed to the department within 5 days. An explanation of the reason
				for discontinuance, a statement of any amounts remaining in the client trust
				account, and the plan and timetable for disbursement must accompany the license
				certificate, or exemption order, unless all accounts are transferred, without
				interruption in service, to another of the firm's branches.
(3) A license must not be terminated for a
				firm unless it is revoked or unless all payments due creditors or debtors have
				been made, and the department issues an order terminating the
				license.
Michigan Administrative Code › Department - Insurance and Financial Services › Financial Institutions › Debt Management › Section R. 451.1239 - Budget analysis

Current through Vol. 24-12, July 15, 2024
Rule 19.
(1) A copy of the budget analysis required under section 12 of the act, MCL  451.422, must be retained in the debtor's file for a period of 6 years after the last transaction.
(2) The budget analysis must be signed by a certified counselor of the firm who participated in the preparation of the analysis.
(3) The budget analysis must identify the type and amount of each debtor's obligation by providing an adequate general description. Adequate general descriptions include "credit card," "unsecured loan," "vehicle loan," "mortgage loan," or other terms similarly identifying the type of debtor's obligation. The terms "other," "miscellaneous," or "generic" are not adequate general descriptions.
Michigan Administrative Code › Department - Insurance and Financial Services › Financial Institutions › Debt Management › Section R. 451.1240 - Certification of compliance

Current through Vol. 24-12, July 15, 2024
Rule 20.
(1) Every
				contract must set forth, in bold type, the set-up and cancellation fee
				provisions and amounts, and advise the prospective client to note these
				carefully before signing the contract.
(2) The department may approve the
				accumulation of debtor's funds in payment of obligations which are required to
				be paid in large lump sums, such as income and property taxes, insurance
				premiums, and house payments. All such accumulations, however, must be
				designated for a specific purpose and must not be used to pay for fees and
				charges, including the close out fee of the firm.
Michigan Administrative Code › Department - Insurance and Financial Services › Financial Institutions › Debt Management › Section R. 451.1241 - Reconciliation

Current through Vol. 24-12, July 15, 2024
Rule 21.
(1) The
				trust account reconciliation must contain provisions for recording and
				identifying the balance in each debtor's account, the balance from the bank
				statement, the check number and amount of each outstanding check, the date and
				amount of deposits not yet credited by the bank, the reconciled bank balance,
				the balance from the checkbook, and a detailed breakdown of any
				differences.
(2) Remedial action,
				as provided in section 15(5) of the act, MCL 451.425, must be either an
				immediate replacement of funds, or an immediate cessation of business until
				sufficient funds are placed in the account.
Michigan Administrative Code › Department - Insurance and Financial Services › Financial Institutions › Debt Management › Section R. 451.1242 - Statement of disbursements

Current through Vol. 24-12, July 15, 2024
Rule 22. The statement prepared in compliance with section
				  16(1)(e) of the act, MCL 451.426, must be prepared as of a date no earlier than
				  the date of the first full distribution to creditors under the
				  contract.
Michigan Administrative Code › Department - Insurance and Financial Services › Financial Institutions › Debt Management › Section R. 451.1243 - Separate remuneration prohibition; waiver or modification

Current through Vol. 24-12, July 15, 2024
Rule 23. All requests for waiver or modification of the
				  separate remuneration prohibition of section 19(h) of the act, MCL 451.429,
				  must be made in writing to the, setting forth in detail the need for such
				  waiver or modification; the persons or entities from which the benefit will be
				  solicited or sought; the amount or percentage of contribution solicited from
				  donors in the capacity of creditor for a debtor; any relationship, affiliation,
				  or connection creating an actual or potential conflict of interest between the
				  parties involved; and any reciprocal arrangements made or to be made. The
				  department shall examine the proposal promptly and shall, within 15 days,
				  notify the licensee or exempted person of its decision, or of the necessity for
				  additional information. All such decisions must be in writing and must give the
				  effective date of the declaratory ruling.
Michigan Administrative Code › Department - Insurance and Financial Services › Financial Institutions › Debt Management › Section R. 451.1245 - Charges for other services

Current through Vol. 24-12, July 15, 2024
Rule 25.
(1) A firm
				or affiliate thereof shall not charge a debtor for any services or goods, or
				make other charges, unless the firm or affiliate has filed with the department
				a plan setting forth the basis of charges, and the department has determined
				that such charges in the future do not result in an excessive fee in violation
				of section 18 of the act, MCL 451.428.
(2) If a firm or affiliate thereof proposes
				to alter its plan of charges, the amended plan must be filed with the
				department and approved prior to use.
Michigan Administrative Code › Department - Insurance and Financial Services › Financial Institutions › Debt Management › Section R. 451.1246 - Rescission

Current through Vol. 24-12, July 15, 2024
Rule 26. Rules 1201 to 1217 of the rules entitled "Debt
				  Management," being R 451.1201 to R 451.1217 of the Michigan Administrative Code
				  and appearing on pages 5792 to 5795 of the 1970-71 Annual Supplements to the
				  Code, are rescinded.
Michigan Administrative Code › Department - Insurance and Financial Services › Financial Institutions › Regulatory Loan Licensees › Section R. 493.1 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used
				in these rules:
(a) "Act" means the regulatory
				loan act, 1939 PA 21, MCL 493.1 to 493.24.
(b) "Department" means the department of
				insurance and financial services.
(c) "Director" means the director of the
				department of insurance and financial services.
Michigan Administrative Code › Department - Insurance and Financial Services › Financial Institutions › Regulatory Loan Licensees › Section R. 493.11 - Records; daily transactions; borrowers; alphabetical index; judgments

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1) A
				licensee shall maintain a record of all transactions involving receipt or
				disbursement of funds by each office from which the licensee operates. The
				record must identify each transaction; show separately payments received on
				principal and interest charges; show account numbers, names of borrowers, and
				all amounts disbursed; and be posted and balanced daily.
(2) A licensee shall maintain, from the date
				of loan inception, a record for each borrower that contains all of the
				following information:
(a) Borrower's name and
				address.
(b) Loan number.
(c) Loan amount.
(d) Loan date.
(e) Rate of charge.
(f) Repayment terms.
(g) Description of security.
(h) Names of endorsers, comakers, or
				sureties.
(i) Amount of filing or
				discharge fees collected from the borrower.
(j) Marital status only if the loan is
				secured by household goods.
(k) Any
				amount received or withheld from the borrower as a premium for insurance in
				connection with the loan, and the period covered by such insurance policy or
				policies.
(l) The date and amounts
				of all principal payments received, interest charges received, and cash
				disbursements pertaining to the loan, including court costs.
(m) The date to which interest charges are
				paid and the unpaid balance due on the principal.
Michigan Administrative Code › Department - Insurance and Financial Services › Financial Institutions › Regulatory Loan Licensees › Section R. 493.12 - Records; assets, liabilities, income, and expenses; temporary entry items

Current through Vol. 24-12, July 15, 2024
Rule 12.
(1) A
				licensee shall maintain records showing all of its assets, liabilities, income,
				and expenses.
(2) A licensee shall
				maintain lists of temporary entry items.
(3) The records required by this rule must be
				posted not less frequently than monthly and must be available for examination
				by the department not later than 25 days after the end of a month.
Michigan Administrative Code › Department - Insurance and Financial Services › Financial Institutions › Regulatory Loan Licensees › Section R. 493.13 - Records; errors

Current through Vol. 24-12, July 15, 2024
Rule 13. A licensee shall clearly designate errors and
				  correcting entries in the records required by
				  R 493.11(2).
				  Alternatively, a licensee may maintain a record of all errors made in the
				  records required by
				  R 493.11(2). This
				  record shall identify the loan record in which an error occurred; the date,
				  nature, and amount of the error; and the date of the correcting
				  entry.
Michigan Administrative Code › Department - Insurance and Financial Services › Financial Institutions › Regulatory Loan Licensees › Section R. 493.15 - Insurance certificate or policy; provision to borrower of copy of document evidencing indebtedness or constituting security; consolidation of loans; retention of documents evidencing indebtedness or security

Current through Vol. 24-12, July 15, 2024
Rule 15.
(1) When a
				licensee obtains insurance on behalf of the borrower in connection with a loan,
				wherein the premium is paid by the borrower, a properly executed policy or
				certificate of insurance must be furnished to the borrower within 15 days of
				the date of the loan. Such policy or certificate must clearly show all of the
				following:
(a) The name of the insurance
				company.
(b) The nature of the
				insurance.
(c) The extent of the
				coverage.
(d) The amount of the
				premium.
(e) The effective date and
				expiration date of the policy.
Michigan Administrative Code › Department - Insurance and Financial Services › Financial Institutions › Regulatory Loan Licensees › Section R. 493.22 - Display of license information

Current through Vol. 24-12, July 15, 2024
Rule 22.
(1) A
				licensee shall display a copy of its license in a public area at each physical
				office location within Michigan.
(2) Each website operated by a licensee must
				display the assigned license number and effective date, identify the department
				as the licensees regulator, and provide the address and telephone number that a
				person may use to contact the department.