reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Carnival/Amusement Safety › Carnival/Amusement Safety › Part 3 - PROCEDURES › Section R. 408.872 - Emergency applications for permits to operate

Current through Vol. 24-12, July 15, 2024
Rule 72. When an owner or operator has not previously
						intended to operate a ride in this state and has not made application for a
						permit to operate, the owner or operator, after confirming a booking in this
						state, shall notify the department and apply for a permit to operate. The
						notice must be given not less than 30 days before the book date. When an
						emergency booking makes the 30-day notice impossible, the owner or operator
						shall notify the department of the booking by telephone or other means of
						immediate communication and shall confirm this notice in writing. The director
						shall schedule and arrange for inspection of the rides and the issuance of a
						permit to operate in conjunction with the owner or operator to best serve the
						needs of both parties and the orderly administration of the act and these
						rules. If devices require inspection before operation, the owner or operator
						shall make every effort to arrive at a location within this state and set up
						the devices to be inspected.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Carnival/Amusement Safety › Carnival/Amusement Safety › Part 3 - PROCEDURES › Section R. 408.873 - Inspection and authorization to operate individual rides

Current through Vol. 24-12, July 15, 2024
Rule 73. No person shall operate a ride unless it has
						been inspected and an authorization to operate has been issued to that person
						by the department. However, a ride inspected and covered by a valid
						authorization to operate in the preceding year may continue to operate until
						further inspected
.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Carnival/Amusement Safety › Carnival/Amusement Safety › Part 3 - PROCEDURES › Section R. 408.874 - Daily inspection

Current through Vol. 24-12, July 15, 2024
Rule 74. A ride must be inspected and tested on each day
						it is intended to be used. This inspection must be made by an individual
						commissioned to perform such inspections by the director. Daily inspection and
						performance tests must be performed and recorded in a manner prescribed by the
						manufacturer or ASTM F-24 if manufacturer standards are unavailable, and must
						be certified by the individual commissioned to perform these inspections.
						Physical or digital results of these daily inspection and performance tests
						must be maintained and available to the department for review. These inspection
						reports must be retained at the operation site until the next inspection is
						conducted by the director. An owner or operator shall not knowingly use, or
						permit to be used, a ride that is not properly assembled or is defective or
						unsafe in any of its parts, controls, or safety equipment.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Carnival/Amusement Safety › Carnival/Amusement Safety › Part 4 - PARTICIPATORY RIDES-GO-KARTS › Section R. 408.897 - Remote idle system

Current through Vol. 24-12, July 15, 2024
Rule 97.
(1)
					 Effective May 1, 2000, each go-kart must be equipped with a receiver for a
					 remote idle system. A go-kart ride attendant shall control the remote idle
					 system.
(2) If the remote idle
					 system becomes inoperable and requires repair, then the track owner or operator
					 shall make a written request to operate the go-kart rides until the repair is
					 completed.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Carnival/Amusement Safety › Carnival/Amusement Safety › Part 5 - SIGNS AND SAFETY WARNINGS › Section R. 408.898 - Signs and safety warnings; requirements

Current through Vol. 24-12, July 15, 2024
Rule 98.
(1) An
					 owner/operator shall display legible signs at all locations required in section
					 19(1) of the act, as follows:
(a) Signs shall
					 be a minimum size of 18 inches by 24 inches, with the size of printed lettering
					 in proportion to the size of the sign.
(b) Signs at park entrances and other
					 locations defined in section 19(1) of the act shall have standard language to
					 indicate rider responsibilities defined in section 18(1) and (2) of the act as
					 follows:
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Cemetery Commissioner - General Rules › Part 1 - GENERAL PROVISIONS › Section R. 456.1101 - Definitions

Current through Vol. 24-12, July 15, 2024
R 101.
(1) As used
				  in these rules:
(a) "Act" means the cemetery
				  regulation act, 1968 PA 251, MCL 456.521 to 456.543.
(b) "Encumbrances" means anything restricting
				  title to the land, including, but not limited to, a lease, lien, or mortgage;
				  excluding an easement for a utility.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Cemetery Commissioner - General Rules › Part 2 - APPLICATION › Section R. 456.1201 - New cemetery application

Current through Vol. 24-12, July 15, 2024
Rule 201. An application for a permit to create, maintain,
					 and operate a new cemetery shall contain the following:
(a) The name and address of the owner or
				  operator and any affiliated persons of the proposed cemetery.
(b) The name and address of the proposed
				  cemetery.
(c) The names and
				  addresses, and relationship to the owner, of all directors, officers, partners,
				  members, or any other person occupying a similar status or performing similar
				  functions, or affiliated persons.
(d) Documentation supporting the community
				  need.
(e) Applicable entity
				  documents, including but not limited to, any of the following:
(i) The bylaws.
(ii) An operating agreement.
(iii) A certificate of assumed
				  name.
(iv) The articles of
				  incorporation.
(v) The articles of
				  organization.
(vi) The articles of
				  association.
(vii) Partnership
				  certificates.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Cemetery Commissioner - General Rules › Part 2 - APPLICATION › Section R. 456.1202 - Proposed change of control application

Current through Vol. 24-12, July 15, 2024
Rule 202. In addition to the requirements of MCl 456.532
					 and R 456.1201, an application for a change of control of a cemetery shall
					 contain all of the following:
(a) A
				  purchase agreement that identifies clearly the sale and assets
				  disposition.
(b) Identification of
				  the source, nature, and amount of consideration to be used in the sale or
				  transfer of the cemetery.
(c) The
				  escrow agreement as required by MCL 456.532(2)(d).
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Cemetery Commissioner - General Rules › Part 3 - REPORTING AND RECORDS › Section R. 456.1301 - Records retention; requirements

Current through Vol. 24-12, July 15, 2024
Rule 301.
(1) Each
				  registrant shall maintain accurate, complete, and legible records of any books,
				  contracts, records, or documents pertaining to, prepared in, or generated by,
				  the cemetery operation including, but not limited to, all of the following:
(a) Forms.
(b) Reports.
(c) Accounting records.
(d) Ledgers.
(e) Internal audit records.
(f) Correspondence.
(g) Personnel records.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Cemetery Commissioner - General Rules › Part 3 - REPORTING AND RECORDS › Section R. 456.1302 - Receipts journal; requirements

Current through Vol. 24-12, July 15, 2024
Rule 302.
(1) A
				  registrant shall maintain, in chronological order, a monthly receipts journal
				  that separately lists all proceeds received from the sale of all of the
				  following:
(a) Internment rights.
(b) Burial vaults.
(c) Grave memorials.
(d) Grave openings and closings.
(e) Cremations.
(f) Other sale items.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Cemetery Commissioner - General Rules › Part 3 - REPORTING AND RECORDS › Section R. 456.1303 - Funding and disbursement journals; requirements

Current through Vol. 24-12, July 15, 2024
Rule 303. For each trust, a registrant shall maintain, in
					 chronological order, a separate monthly funding and disbursements journal. The
					 journal shall be retained as a record, as required under R 456.1301, and
					 include all of the following:
(a) For
				  funding, the journal shall include all of the following:
(i) The date funds were placed in
				  trust.
(ii) The date income was
				  placed in trust.
(iii) The amount
				  of funds placed in trust.
(iv) The
				  amount of income placed in trust.
(v) The month the underlying receipts were
				  received to which the funding relates.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Cemetery Commissioner - General Rules › Part 4 - ENDOWMENT AND PERPETUAL CARE TRUST AGREEMENTS › Section R. 456.1401 - Endowment and perpetual care trust agreement; requirements

Current through Vol. 24-12, July 15, 2024
Rule 401.
(1) The
				  endowment and perpetual care trust fund agreement shall include reference to
				  all of the following:
(a) No portion of the
				  interest or income of the funds required to be in the trust may be used
				  directly or indirectly for salaries or other payments to the officers,
				  directors, partners, members, or managers of the entity owning the
				  cemetery.
(b) The income and
				  interest from the fund may be paid only to the person in possession,
				  management, operation, and control of the grounds and structures intended to
				  benefit from the fund.
(c) The sole
				  use of the income and interest from the fund shall be for the endowment and
				  perpetual care of the cemetery specifically intended to benefit from the
				  fund.
(d) The trust shall be
				  governed by state law.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Cemetery Commissioner - General Rules › Part 5 - MERCHANDISE TRUST FUNDS › Section R. 456.1501 - Merchandise trust accounts; required deposits

Current through Vol. 24-12, July 15, 2024
Rule 501.
(1) For
				  preneed contracts for cemetery merchandise or services executed before January
				  1, 2005, excluding items or services sold under the agreements for disposition
				  of dead human bodies act, 1954 PA 70, MCL 328.201 to 328.204, a registrant, or
				  an agent authorized by a registrant to act on its behalf, under an agreement or
				  sales contract to sell cemetery merchandise or services shall deposit the
				  following amounts into a merchandise trust account, and maintain those deposits
				  until the cemetery merchandise or services are installed, delivered, performed,
				  or terminated:
(a) One hundred percent of the
				  cost of each memorial that the registrant is obligated to furnish and
				  install.
(b) The greater amount of
				  either 100% of the proceeds received from the sale of cremations, grave
				  openings and closings or $100.00 for each cremation, or grave opening and
				  closing that the registrant is obligated to furnish.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Cemetery Commissioner - General Rules › Part 5 - MERCHANDISE TRUST FUNDS › Section R. 456.1502 - Merchandise or service sales before January 1, 2005

Current through Vol. 24-12, July 15, 2024
Rule 502. The registrant shall ensure that preneed
					 contracts for cemetery merchandise or services executed before January 1, 2005,
					 regardless of when payments are received, are placed in trust as required under
					 the law and rules in effect before January 1, 2005. The amounts placed in trust
					 shall remain in trust, until the cemetery merchandise or services are
					 installed, delivered, performed, or the contract is terminated. The amounts
					 placed in trust for preneed contracts executed before January 1, 2005, shall
					 not be removed from the trust and placed with a prepaid funeral and cemetery
					 sales escrow agent, which is required for sales contracts executed on or after
					 January 1, 2005.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Cemetery Commissioner - General Rules › Part 5 - MERCHANDISE TRUST FUNDS › Section R. 456.1503 - Merchandise trust fund agreements

Current through Vol. 24-12, July 15, 2024
Rule 503. Cemeteries that entered into contracts for
					 merchandise or services after October 30, 1972, and before January 1, 2005,
					 shall establish and maintain a merchandise trust account. A registrant shall
					 submit a copy of the merchandise trust fund agreement to the commissioner. In
					 addition to the requirements specified in section 16 of the act, MCL 456.536
					 and R 456.1501, a merchandise trust agreement shall provide all of the
					 following:
(a) Deposits made to the
				  merchandise trust account shall be invested by the trustee only as directed in
				  the trust agreement. All trust investments and agreements shall provide for a
				  standard not less than the standard of care in the prudent investor rule.
				  Additionally, funds shall not be invested in any of the following:
(i) Life insurance policies on any
				  person.
(ii) A company owned or
				  operated by a registrant or its authorized agent.
(iii) Loans to any person directly connected
				  with or employed by a registrant or its agents.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Cemetery Commissioner - General Rules › Part 6 - AUDIT › Section R. 456.1601 - Audit fee

Current through Vol. 24-12, July 15, 2024
Rule 601. The registrant shall pay the audit invoice within
					 60 days of the date of the invoice, unless extended in writing by the
					 commissioner.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Cemetery Commissioner - General Rules › Part 7 - ANNUAL REPORT › Section R. 456.1701 - Annual reports

Current through Vol. 24-12, July 15, 2024
Rule 701.
(1) A
				  registrant shall submit an annual report for examination by the commissioner on
				  forms provided by the commissioner that includes all information considered
				  necessary by the commissioner. The report shall be submitted by June 30 unless
				  an extension of not more than 90 days is granted by the commissioner upon
				  written request of the registrant as specified in subrule (2) of this
				  rule.
(2) A registrant shall submit
				  to the commissioner a written request for an extension of the due date for the
				  annual report before June 15 of the year following the report year. The request
				  shall contain the name and address of the cemetery, the registration number,
				  and the length of the extension requested.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Cemetery Commissioner - General Rules › Part 7 - ANNUAL REPORT › Section R. 456.1702 - Internal controls purpose

Current through Vol. 24-12, July 15, 2024
Rule 702. The procedures of the internal control system
					 specified in section 16(12)(d) of the act, MCL 456.536(12)(d), shall be
					 designed to ensure all of the following:
(a) The trust assets of the cemetery are
				  safeguarded.
(b) The financial
				  records of the registrant are accurate and reliable.
(c) The transactions of the registrant are
				  performed only under specific authorization.
(d) The transactions are recorded
				  adequately.
(e) Accountability for
				  trust funds is maintained.
(f) Only
				  authorized personnel have access to trust assets.
(g) Recorded trust assets are compared with
				  actual trust assets at reasonable intervals, and that appropriate actions are
				  taken with respect to any discrepancies.
(h) The functions, duties, and
				  responsibilities are appropriately segregated and performed under sound
				  practices by competent, qualified personnel, and that no person is in a
				  position to perpetuate and conceal errors or irregularities in the normal
				  course of his or her duties.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Cemetery Commissioner - General Rules › Part 8 - DISCIPLINARY ACTIONS AND HEARINGS › Section R. 456.1801 - Investigation or audit; disciplinary action

Current through Vol. 24-12, July 15, 2024
Rule 801
(1) When
				  a written allegation of violation is submitted to the commissioner, the
				  commissioner may conduct an investigation or audit.
(2) If it is determined through an
				  investigation or audit that a person violated the act or rules promulgated
				  under the act, then the commissioner may determine whether to initiate formal
				  disciplinary proceedings or if another method of resolution is appropriate
				  considering the factual circumstances.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Cemetery Commissioner - General Rules › Part 8 - DISCIPLINARY ACTIONS AND HEARINGS › Section R. 456.1802 - Response to notice of intent

Current through Vol. 24-12, July 15, 2024
Rule 802. A respondents written response to a notice of
					 intent, as described in section 19 of the act, MCL 456.539, shall be received
					 within 30 days of the date of the notice of intent and shall be signed by the
					 party or the partys attorney of record.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Cemetery Commissioner - General Rules › Part 8 - DISCIPLINARY ACTIONS AND HEARINGS › Section R. 456.1803 - Formal complaint; compliance conference

Current through Vol. 24-12, July 15, 2024
Rule 803. A respondent to a formal complaint may request an
					 informal compliance and settlement conference with the commissioner to show
					 compliance and attempt a settlement of the formal complaint before a formal
					 hearing.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Forensic Polygraph Examiners › Forensic Polygraph Examiners › Section R. 338.9004 - Disclosure of information divulged during polygraph examination; written report required upon request; disclosure of professional opinion

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) A
				  person who monitors an examination shall not disclose to any person, except the
				  person requesting the examination, any information divulged by the examinee
				  during a polygraph examination without first obtaining specific written consent
				  from the examinee, unless otherwise required to do so by law.
(2) An examiner shall, upon the written
				  request of the examinee or the person requesting the examination, prepare a
				  written report of the examination, which shall contain all of the following:
(a) A statement of the objectives of the
				  polygraph examination.
(b) The
				  number of questions asked and the number of tests conducted during the
				  examination which were relevant to the issues that the examinee agreed to be
				  examined upon.
(c) The examiner's
				  opinion as to the truthfulness or deception of the examinee, or the examiner's
				  statement that he or she was not able to reach a conclusion about the
				  examinee's truthfulness or deception.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Forensic Polygraph Examiners › Forensic Polygraph Examiners › Section R. 338.9005 - Record of examination required; maintenance; content

Current through Vol. 24-12, July 15, 2024
Rule 5. An examiner shall, in the case of every polygraph
					 examination administered by him or her, create and maintain a record for not
					 less than 5 years. Such record shall contain, at a minimum, all of the
					 following:
(a) Information pertaining
				  to the objective of the examination.
(b) Information volunteered by the examinee
				  during the pretest interview that is pertinent to the objectives of the
				  examination.
(c) The exact relevant
				  questions asked of the examinee during the polygraph examination and the
				  examinee's answers thereto.
(d) All
				  polygraph instrument recordings made during the polygraph examination and all
				  other tests administered to the examinee. Such recordings and tests shall
				  adequately identify all of the following:
(i)
				  The order in which the tests were administered.
(ii) The point at which test questions were
				  asked.
(iii) The examinee's answer
				  to each test question.
(iv) The
				  identification of each test question.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Forensic Polygraph Examiners › Forensic Polygraph Examiners › Section R. 338.9013 - Examiner licensure

Current through Vol. 24-12, July 15, 2024
Rule 13. An application for licensure shall be made on a
					 form furnished by the department of licensing and regulation.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Prepaid Funeral and Cemetery Sales › Prepaid Funeral and Cemetery Sales › Part 2 - CONTRACTS › Section R. 339.21 - Physical Delivery and Retention

Current through Vol. 24-12, July 15, 2024
Rule 21.
(1)
					 Physical delivery and retention is complete for a grave memorial or urn when it
					 has been permanently inscribed with the name of the person being
					 memorialized.
(2) Urns and grave
					 memorials stored until time of need shall be insured against fire and theft in
					 an amount equal to or greater than their total replacement cost.
(3) When physical delivery and retention are
					 complete for an article of merchandise, that portion of the contract related to
					 the merchandise shall cease to be a prepaid contract under the act. Upon
					 receipt of proof of physical delivery and retention, funds held by the escrow
					 agent shall be disbursed in accordance with MCL 328.222(11). The amount
					 disbursed shall be the pro rata share for that item.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Prepaid Funeral and Cemetery Sales › Prepaid Funeral and Cemetery Sales › Part 2 - CONTRACTS › Section R. 339.23 - Required language

Current through Vol. 24-12, July 15, 2024
Rule 23. Executed contracts shall include a paragraph
						immediately following the paragraph required by MCL 328.225(4) that shall
						state, "After the death of the contract beneficiary, the contract buyer or the
						contract buyer's estate may cancel the prepaid contract only where there are no
						remains of the deceased; where the remains of the deceased cannot be recovered;
						or where a prepaid contract was not utilized due to lack of knowledge by the
						person or persons entitled to make funeral arrangements of the existence of the
						prepaid contract," and shall specify the refund provisions of MCL 328.223(1) or
						(2), as appropriate.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Prepaid Funeral and Cemetery Sales › Prepaid Funeral and Cemetery Sales › Part 3 - STANDARDS OF OPERATION › Section R. 339.33 - Extension requests

Current through Vol. 24-12, July 15, 2024
Rule 33 A registrant shall submit a written request for
						extension of the due date for annual reports so the director receives it not
						later than July 1 of the year following the report year. One extension may be
						granted for not more than 90 days, upon approval by the
						department.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Prepaid Funeral and Cemetery Sales › Prepaid Funeral and Cemetery Sales › Part 3 - STANDARDS OF OPERATION › Section R. 339.35 - Assignment of contracts upon discontinuance of business

Current through Vol. 24-12, July 15, 2024
Rule 35.
(1) A
					 registrant who discontinues business or whose license is suspended
					 indefinitely, lapsed, or revoked shall do both of the following:
(a) Assign prepaid contracts to another
					 registrant within 60 days of the event.
(b) Notify the department and the contract
					 buyers of the assignment within 30 days of the assignment.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Prepaid Funeral and Cemetery Sales › Prepaid Funeral and Cemetery Sales › Part 3 - STANDARDS OF OPERATION › Section R. 339.36 - Deposit of funds for non-guaranteed or irrevocable contract

Current through Vol. 24-12, July 15, 2024
Rule 36. A registrant receiving funds in connection with
						a non-guaranteed or irrevocable contract shall deposit those funds in a
						depository within 30 days of receipt.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Prepaid Funeral and Cemetery Sales › Prepaid Funeral and Cemetery Sales › Part 3 - STANDARDS OF OPERATION › Section R. 339.37 - Investment of funds

Current through Vol. 24-12, July 15, 2024
Rule 37. Investments by an escrow agent shall be in
						accordance with MCL 328.222(7). Investment reports to registrants and contract
						buyers shall include the fair market value of the investments. Disbursement of
						investment funds shall be based upon their fair market value. A registrant
						shall not deposit funds with an escrow agent that does not act in compliance
						with this rule.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Prepaid Funeral and Cemetery Sales › Prepaid Funeral and Cemetery Sales › Part 4 - RECORD KEEPING › Section R. 339.45 - Other requirements for registrant

Current through Vol. 24-12, July 15, 2024
Rule 45. A registrant shall do the following:
(a) Obtain documentation from an escrow agent
					 with which it contracts showing when the contract funds were deposited, as well
					 as, when and to whom they were disbursed.
(b) Obtain copies of notices and statements
					 sent to the contract buyers/beneficiaries from the escrow agent.
(c) Ensure that such documentation as
					 described in subdivisions (a) and (b) of this rule is produced and copies are
					 retained.
(d) Maintain copies of
					 any other notices and statements sent to the buyers/beneficiaries in any
					 capacity.
(e) Maintain all records
					 in compliance with MCL 328.218(1).
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Prepaid Funeral and Cemetery Sales › Prepaid Funeral and Cemetery Sales › Part 4 - RECORD KEEPING › Section R. 339.47 - Reporting period

Current through Vol. 24-12, July 15, 2024
Rule 47.
(1) The
					 department may require a registrant to produce a list as described in MCL
					 328.218(1) for any period ending it considers necessary for examination,
					 review, or audit.
(2) The
					 registrant shall ensure that adequate provisions are included in any escrow
					 agreement necessary to implement this rule.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Proprietary Schools › Proprietary Schools › Section R. 390.561 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule
					 1. As used in
					 these rules:
(a) "Board" means the
				  state board of education.
(b)
				  "Full-time equated students" means a student or combination of students
				  enrolled in regular attendance and receiving a full course of instruction with
				  the total clock hours as prescribed by the school.
(c) "Public assembly site" means a site
				  located in a public educational institution or located in a public meeting area
				  suitable for instruction.
(d)
				  "School" means a proprietary school as defined in section 1a of the act.
				  "School" does not include an educational institution or educational training
				  program that is maintained or provided by an employer, without charge, to its
				  employees or anticipated employees.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Proprietary Schools › Proprietary Schools › Section R. 390.562 - Licensing procedure

Current through Vol. 24-12, July 15, 2024
Rule 2
(1)
				  Housing and facilities shall conform to standards specified by the appropriate
				  local and state authorities.
(2)
				  The department shall issue an applicant school a permit for a 12-month period
				  before issuing a license. A permit authorizes the applicant to offer specific
				  programs at a definite location under the management as stated on an
				  application. A separate permit is required for each location at which
				  instruction is offered, except a school may offer instruction at an auxiliary
				  classroom or a public assembly site without obtaining a separate permit for
				  that location.
An obvious error in
					 R 390.562 was corrected at the request of the promulgating agency, pursuant to
					 Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule
					 containing the error was published in Michigan Annual Administrative Code
					 Supplement, 2014. The memorandum requesting the correction was published in
					 Michigan Register, 2015 MR 10
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Proprietary Schools › Proprietary Schools › Section R. 390.562a - Surety

Current through Vol. 24-12, July 15, 2024
Rule 2a.
(1) If
				  surety is terminated, the school's license or permit shall expire if a surety
				  is not secured to replace the expired surety. Notification, in writing, shall
				  be given by the school to the department if surety is to expire or be
				  terminated and not replaced.
(2) A
				  school shall not enroll students following notice of cancellation of surety
				  unless another form of surety has been provided.
(3) A surety shall be provided by a school in
				  an amount determined according to the following:
(a) An accredited school shall provide
				  evidence of surety of not less than $5,000.00 for 1 to 100 full-time equated
				  students, not less than $7,500.00 for 101 to 500 full-time equated students,
				  and not less than $10,000.00 for 501 to 1,000 or more full-time equated
				  students.
(b) A nonaccredited
				  school shall provide evidence of surety in an amount equal to $200.00 per
				  student, but not less than $5,000.00.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Proprietary Schools › Proprietary Schools › Section R. 390.564 - Standards for operation

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) Data
				  relative to the education, training, and experience of the administrative,
				  supervisory, and instructional staff shall be submitted, on forms provided by
				  the department, for evaluation as to the competency to instruct or supervise
				  instruction in the subjects assigned. Instructional personnel shall have
				  backgrounds of appropriate education or appropriate experience in the
				  substantive field which they are assigned to teach. Instructional personnel who
				  teach in a field requiring a certificate or license shall possess such a
				  certificate or license.
(2) The
				  student's application form and contract shall correspond with the catalog
				  furnished to the student. Any modification of the student's application and
				  contract, as contained in the catalog, shall be agreed to, in writing, by all
				  parties. The refund policy shall be stated in the contract.
(3) Student records, except records of
				  grades, including enrollment data, payment of fees, attendance, progress,
				  awards, interviews, and placement, shall be maintained for not less than 3
				  years following graduation. A student's grade records and transcripts shall be
				  retained in perpetuity by the school and shall be available upon his or her
				  request. A school that is no longer operating shall turn over its student
				  records to the board.
(4) The class
				  load for instruction shall be consistent with approved educational practices. A
				  program shall not be offered unless approved by the department.
(5) Courses of instruction shall extend over
				  a sufficient period to meet standards of trade and business practices. Outlines
				  of lessons, units, or projects shall be available to the department.
(6) Equipment and materials shall meet local
				  and state fire, health, safety, and sanitation requirements.
(7) A school shall notify the department
				  before a change in location.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Proprietary Schools › Proprietary Schools › Section R. 390.566 - Advertising and recruitment

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) The
				  content of all published literature and advertising, illustrations, diagrams,
				  and pictures shall convey only true meaning, relationships, and conditions
				  supported by facts and statistics about the school, its management,
				  instruction, offerings, and opportunities.
(2) Misrepresentation as to any of the
				  following is prohibited:
(a) Suitable
				  jobs.
(b) Probable
				  earnings.
(c) School
				  facilities.
(d) Course of
				  instruction.
(e) Operational
				  policy.
(f) Management.
(g) Charges for tuition and fees.
(h) Available training equipment.
(i) Qualification of instructors.
(j) Placement activities of the
				  school.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Proprietary Schools › Proprietary Schools › Section R. 390.568 - Rescission

Current through Vol. 24-12, July 15, 2024
Rule 8. The rules entitled "Standards for Licensing and
					 Regulation of Private Trade Schools, Business Schools, and Institutes in
					 Michigan," being R 390.541 and R 390.542 of the Michigan Administrative Code,
					 and appearing on pages 4012 and 4013 of the 1954 volume of the Code, are
					 rescinded.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Proprietary Schools › Proprietary Schools › Section R. 390.569 - Fees

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1) An
				  applicant for a temporary permit shall pay a fee of $1,000.00 for each
				  temporary permit issued. An out-of-state applicant for a new license shall pay
				  a fee of $400.00 for each new license issued. The department shall adjust fees
				  annually and index the fees to the Detroit consumer price index, as published
				  by the department of labor statistics, United States department of
				  labor.
(2) An applicant for renewal
				  of a license shall pay a fee of $300.00 for each renewal license issued if a
				  total of 25 or fewer students started a program during the period July 1 to
				  June 30 immediately preceding the license renewal date. An applicant for a
				  renewal of a license for a proprietary school shall pay a renewal fee based on
				  the following schedule of students who started programs:
(a) 26 to 50 students.......
$500.00.
(b) 51 to 100 students......
600.00.
(c) 101 to 150 students .....
700.00.
(d) 151 to 200 students .....
800.00.
(e) 201 to 250 students.....
900.00.
(f) 251 to 300 students .....
1,000.00.
(g) 301 to 350 students .....
1,100.00.
(h) 351 to 400 students .....
1,200.00.
(i) 401 to 450 students .....
1,300.00.
(j) 451 to 500 students .....
1,400.00.
(k) More than 500 students. . . .
1,500.00.
The department shall adjust fees annually and shall index
					 the fees to the Detroit consumer price index, as published by the department of
					 labor statistics, United States department of labor.
(3) An applicant for renewal of a license
				  shall pay a late payment fee of $50.00 if the license is not renewed within 30
				  days after the due date.
(4) A
				  school that moves to a new location after the initial license was issued shall
				  pay a fee of $300.00 for approval of each change of location.
(5) A school that submits a request for
				  approval of a new curriculum to be added to its license shall pay a fee of
				  $500.00 for approval of each new curriculum.
(6) A school that submits a request for a
				  change of school name on its license will pay a fee of $200.00.
(7) A student who requested a copy of a
				  transcript from a closed school will pay a fee of $15.00.
An obvious error in
					 R 390.569 was corrected at the request of the promulgating agency, pursuant to
					 Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule
					 containing the error was published in Michigan Register, 2014 MR 19. The
					 memorandum requesting the correction was published in Michigan Register, 2014
					 MR 20
An obvious error in R 390 .56 9 was corrected at the
						request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as
						amended by 2000 PA 262, MCL 24.256. The rule containing the error was published
						in Michigan Annual Administrative Code Supplement , 201 4 . The memorandum
						requesting the correction was published in Michigan Register, 201 5 MR
						10
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Securities › Securities › Part 1 - DEFINITIONS › Section R. 451.1.1 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.1. As used in these rules and in the act, if
						applicable:
(a) "3(c)(1) fund" means a
					 qualifying private fund that is eligible for the exclusion from the definition
					 of an investment company under section 3(c)(1) of the investment company act of
					 1940,
					 15 U.S.C. §
												80a-3(c)(1).
(b) "Act" means the uniform securities act of
					 2002, 2008 PA 551, MCL 451.2101 to 451.2703.
(c) "Agency cross transaction for an advisory
					 client" means a transaction in which a person acts as an investment adviser in
					 relation to a transaction in which the investment adviser, or any person
					 controlling, controlled by, or under common control with such investment
					 adviser, including an investment adviser representative, acts as a
					 broker-dealer for both the advisory client and another person on the other side
					 of the transaction.
(d) "Impersonal
					 advisory services" means any contract relating solely to the provision of
					 investment advisory services under any of the following:
(i) By means of written material or oral
					 statements which do not purport to meet the objectives or needs of specific
					 individuals or accounts.
(ii)
					 Through the issuance of statistical information containing no expression of
					 opinion as to the investment merits of a particular security.
(iii) Any combination of the services in
					 subdivision (d)(i) and (ii) of this rule.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Securities › Securities › Part 1 - DEFINITIONS › Section R. 451.1.2 - Broker-dealer definition exclusion

Current through Vol. 24-12, July 15, 2024
Rule 1.2. As used in these rules and in the act, if
						applicable, "broker-dealer" does not include any of the following:
(a) A "finder" as that term is defined by
					 section 102(i) of the act, MCL 451.2102(i).
(b) A person whose participation in an offer
					 or sale of securities, for direct or indirect compensation, is limited to
					 introducing 1 or more accredited investors, as that term is defined in SEC rule
					 501,
					 17 C.F.R. §
												230.501, who are residents of this state to
					 an issuer incorporated or organized in this state, or introduces an issuer
					 incorporated or organized in this state to 1 or more accredited investors who
					 are residents of this state, solely for the purpose of a potential offer or
					 sale of the issuers securities in an issuer transaction in this state, and who
					 complies with all of the following:
(i) The
					 person shall not engage in any of the following activities:
(A) Provide introductions to an issuer for a
					 transaction or a series of related transactions in connection with the offer or
					 sale of the issuers securities that exceeds a purchase price of $15,000,000.00
					 in the aggregate.
(B) Participate
					 in negotiating any of the terms of the offer or sale of the
					 securities.
(C) Advise any party to
					 the transaction regarding the value of the securities or the advisability of
					 investing in, purchasing, or selling the securities.
(D) Participate in the preparation, delivery,
					 or execution of the issuers disclosure documents, offering circulars,
					 contracts, or other documents related to the transaction except as provided for
					 in subrule (b)(iii) of this rule.
(E) Conduct any due diligence on behalf of an
					 issuer or on behalf of a potential purchaser of an issuers
					 securities.
(F) Sell or offer to
					 sell in connection with the issuer transaction any securities of the issuer
					 that are owned, directly or indirectly, by the person.
(G) Receive, directly or indirectly,
					 possession or custody of any funds or securities in connection with an issuer
					 transaction for which the person is engaged.
(H) Receive compensation in connection with
					 any introduction that results in the offer or sale of securities without
					 reasonable grounds to believe the offer or sale complies with section 301 of
					 the act, MCL 451.2301.
(I) Receive
					 transaction-based compensation.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Securities › Securities › Part 2 - EXEMPTIONS FROM REGISTRATION OF SECURITIES › Section R. 451.2.1 - Not-for-profit securities

Current through Vol. 24-12, July 15, 2024
Rule 2.1.
(1)
					 The offer or sale of a note, bond, debenture, or other evidence of indebtedness
					 by a person described in section 201(g) of the act, MCL 451.2201(g), qualifies
					 for the self-executing exemption set forth in section 201(g), MCL 451.2201(g)
					 only if the aggregate sales price of the issuance of the securities is
					 $500,000.00 or less, and sold to a bona fide member of the issuing organization
					 without payment of a commission or consulting fee.
(2) The offer or sale of a note, bond,
					 debenture, or other evidence of indebtedness that does not qualify for the
					 self-executing exemption described in subrule (1) of this rule shall file with
					 the administrator a request for exemption pursuant to section 201(g) of the
					 act, MCL 451.2201(g), and shall comply with subrules (6) to (10) of this
					 rule.
(3) The administrator shall
					 apply the applicable statement of policy adopted by NASAA as listed in subrule
					 (2) of this rule when reviewing requests for exemption authorization pursuant
					 to section 201(g) of the act, MCL 451.2201(g).
(4) The following statements of policy are
					 adopted by reference:
(a) "Church Bonds" as
					 adopted by NASAA on April 14, 2002. A copy of this policy can be obtained from
					 NASAA, 750 First Street, NE, Suite 1140, Washington, DC 20002, and is available
					 for free online at
http://www.nasaa.org
, or from the Michigan
					 department of licensing and regulatory affairs, corporations, securities, and
					 commercial licensing bureau, P.O. Box 30018, Lansing, MI 48909 for a cost as
					 prescribed in R 451.6.2.
(b)
					 "Church Extension Fund Securities" as amended and published by NASAA on April
					 18, 2004. A copy of this policy can be obtained from NASAA, 750 First Street,
					 NE, Suite 1140, Washington, DC 20002, and is available for free online at
http://www.nasaa.org
, or from the
					 Michigan department of licensing and regulatory affairs, corporations,
					 securities, and commercial licensing bureau, P.O. Box 30018, Lansing, MI 48909
					 for a cost as prescribed in R 451.6.2.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Corporations, Securities, and Commercial Licensing › Securities › Securities › Part 2 - EXEMPTIONS FROM REGISTRATION OF SECURITIES › Section R. 451.2.2 - Recognized securities manuals

Current through Vol. 24-12, July 15, 2024
Rule 2.2.
The administrator recognizes the following securities
						manuals under section 202(1)(b)(iv) of the act, MCL 451.2202(1)(b)(iv):
(a) Standard & poors standard corporation
					 descriptions.
(b) Mergents
					 industrial manual and news reports.
(c) Mergents transportation manual and news
					 reports.
(d) Mergents public
					 utility manual and news reports.
(e) Mergents bank and finance manual and news
					 reports.
(f) Mergents municipal and
					 government manual and news reports.
(g) Mergents international manual and news
					 reports.
(h) Fitchs individual
					 stock bulletin.
(i) Bests insurance
					 reports life-health.
(j) Moodys OTC
					 industrial manual.
(k) OTC Markets
					 Group, Inc.s OTCQX market.
(l) OTC
					 Markets Group, Inc.s OTCQB market.
(m) Any other securities manual determined by
					 the administrator to be a nationally recognized securities manual that requires
					 the continuous disclosure by any issuer relying on the manual for the
					 registration exemption.