reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Occupational Code › Occupational Code - Disciplinary Rules › Part 1 - GENERAL RULES › Section R. 339.1708 - Disciplinary action; unlicensed or unregistered person

Current through Vol. 24-12, July 15, 2024
Rule 708.
(1) A
					 person who violates the code is subject to disciplinary action and sanctions
					 based upon that conduct under the code without regard to whether he or she
					 becomes licensed or registered or whether the department knew of the violation
					 at the time that the license or registration was issued.
(2) A person considered unlicensed or
					 unregistered under section 601(3) of the code, MCL 339.601, or whose license or
					 registration has been suspended, revoked, or surrendered shall not engage in
					 the practice of any profession requiring licensure or registration under the
					 code.
(3) A person who becomes
					 unlicensed or unregistered remains subject to disciplinary action for violating
					 the code, a rule promulgated under the code, or a final order issued under the
					 code until the later of 1 of the following occurs:
(a) Seven years after a change in license or
					 registration status change occurs.
(b) The licensee or registrant is in full
					 compliance with all final orders issued against the licensee or
					 registrant.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Occupational Code › Occupational Code - Disciplinary Rules › Part 1 - GENERAL RULES › Section R. 339.1710 - Service of formal complaints and orders

Current through Vol. 24-12, July 15, 2024
Rule 710.
(1) The
					 department may serve a formal complaint, summary suspension order, cease and
					 desist order, or final order on a respondent by personal service, first class
					 United State mail, or certified mail, return receipt requested, to the most
					 current address of record on file with the department.
(2) If service is made by mail, it is deemed
					 received 3 business days after the date of mailing, unless otherwise indicated
					 by the returned certified mail receipt.
(3) Non-delivery does not affect the validity
					 of service if it was caused by the respondent's refusal to take
					 delivery.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Occupational Code › Occupational Code - Disciplinary Rules › Part 2 - HISTORICAL RECORDS › Section R. 339.1712 - Historical records

Current through Vol. 24-12, July 15, 2024
Rule 712.
The department may obtain and maintain all of the
						following in a person's historical record:
(a) Reports, information, or a final order
					 from a state department or agency.
(b) Reports or information from a
					 professional association or professional society.
(c) Reports or information from the secretary
					 of state's office.
(d) Reports or
					 information related to prior complaints made against the person.
(e) Reports or information from any federal,
					 state, or local law enforcement agency.
(f) Reports, information, or a final order or
					 judgment from any federal, state, or local court or other adjudicating
					 body.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Occupational Code › Occupational Code - Disciplinary Rules › Part 3 - INVESTIGATIONS › Section R. 339.1714 - Investigations

Current through Vol. 24-12, July 15, 2024
Rule 714.
The department's investigations, conducted as required
						by section 502 of the code, MCL 339.502, may encompass violations other than
						those specifically identified when the investigation was
						initiated.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Occupational Code › Occupational Code - Disciplinary Rules › Part 4 - CONTESTED CASE PROCEEDINGS › Section R. 339.1716 - Pleadings and orders

Current through Vol. 24-12, July 15, 2024
Rule 716.
(1) As
					 used in this rule, "contested case" means that term as defined by section 3(3)
					 of the administrative procedures act of 1969, 1969 PA 306, MCL
					 24.203.
(2) Until the Michigan
					 office of administrative hearings and rules issues a notice of hearing, all
					 documents and any related attachments must be filed with the department or the
					 department of the attorney general as set forth in the formal complaint,
					 summary suspension order, cease and desist order, or attached notice
					 document.
(3) After the Michigan
					 office of administrative hearings and rules issues a notice of hearing, all
					 documents and pleadings and any related attachments must be filed with the
					 Michigan office of administrative hearings and rules and simultaneously served
					 to all parties listed in the case caption of the notice, as required in the
					 notice of hearing and
					 R
					 792.10101 to 792.10137.
(4) A formal complaint may be withdrawn or
					 amended at any time consistent with the code, the administrative procedures act
					 of 1969, 1969 PA 306, MCL 24.201 to 24.328, and
					 R
					 792.10101 to 792.10137. If the department adds a new
					 charge, the department must give the respondent an opportunity to request a
					 compliance conference.
(5) All
					 pleadings, documents, and any related attachments that are properly filed
					 become a part of the official record of the hearing under sections 76 and 86 of
					 the administrative procedures act of 1969, 1969 PA 306, MCL 24.276 and 24.286,
					 and
					 R
					 792.10101 to 792.10137.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Occupational Code › Occupational Code - Disciplinary Rules › Part 5 - COMPLIANCE CONFERENCE AND REQUEST FOR ADJOURNMENT › Section R. 339.1731 - Compliance conferences; requests for adjournment; written statements

Current through Vol. 24-12, July 15, 2024
Rule 731.
(1) The
					 department may conduct a compliance conference held under section 508 of the
					 code, MCL 339.508, informally and not as an evidentiary hearing.
(2) A respondent may request and may be
					 granted an adjournment of the compliance conference for good cause shown. As
					 used in this subrule, "good cause" means that the respondent submitted a
					 written request for adjournment to the department that provides legally
					 sufficient grounds to warrant the adjournment, such as circumstances beyond the
					 respondent's control.
(3) A
					 respondent may request to submit a written statement in lieu of requesting or
					 appearing for a compliance conference.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Professional Engineers › Professional Engineers › Part 1 - GENERAL PROVISIONS › Section R. 339.16001 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As
					 used in these rules:
(a) "Board" means the
					 board of professional engineers created under section
					 2002 of the code, MCL
					 339.2002.
(b) "CEAB" mean the Canadian Engineering
					 Accreditation Board.
(c) "Code"
					 means the occupational code, 1980 PA 299, MCL
					 339.101 to
					 339.2677.
(d) "Continuing education" means a course or
					 activity designed to bring licensees up to date on a particular area of
					 knowledge or skills relevant to the licensee's area of professional
					 practice.
(e) "Course" means any
					 qualifying activity with a clear purpose and goal that keeps, improves, or
					 expands the skills and knowledge relevant to the licensee's area of
					 professional practice.
(f)
					 "Department" means the department of licensing and regulatory
					 affairs.
(g) "EAC/ABET" means the
					 Engineering Accreditation Commission of the Accreditation Board for Engineering
					 and Technology, Inc.
(h) "NCEES"
					 means the National Council of Examiners for Engineering and
					 Surveying.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Professional Engineers › Professional Engineers › Part 1 - GENERAL PROVISIONS › Section R. 339.16006 - Rescission

Current through Vol. 24-12, July 15, 2024
Rule 6. R 338.551 to R 338.563 and R 338.581 to R 338.588
						of the Michigan Administrative Code, appearing on pages 2446 to 2453 of the
						1979 Michigan Administrative Code, are rescinded insofar as these rules pertain
						to professional engineers.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Professional Engineers › Professional Engineers › Part 2 - LICENSURE › Section R. 339.16021 - Educational requirements

Current through Vol. 24-12, July 15, 2024
Rule 21. An applicant for licensure shall provide proof,
						as directed by the department, verifying 1 of the following to satisfy the
						educational requirement under the code:
(a) Transcripts verifying that the applicant
					 received a baccalaureate degree or higher in engineering from a program
					 accredited by the EAC/ABET or the CEAB.
(b) Transcripts verifying that the applicant
					 received a master's degree or doctorate in engineering from a school and
					 program with an EAC/ABET-accredited or a CEAB-accredited baccalaureate degree
					 program that is in the same engineering discipline as the applicant's master's
					 degree or doctorate.
(c) A
					 credentials evaluation from NCEES that verifies all the following:
(i) The applicant for licensure received
					 either of the following:
(A) A baccalaureate
					 degree in engineering from a non-United States-based program.
(B) A master's degree or doctorate in
					 engineering from a non-EAC/ABET-accredited program.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Professional Engineers › Professional Engineers › Part 2 - LICENSURE › Section R. 339.16022 - Professional engineering experience; credit for work experience; credit for educational experience

Current through Vol. 24-12, July 15, 2024
Rule 22.
(1)
					 Under section
					 2004(2)(a) of
					 the code, MCL
					 339.2004, an applicant for
					 licensure shall document not less than 8 years of professional experience in
					 engineering work, including not more than 5 years of education granted under
					 subrule (4) of this rule. An applicant shall satisfy the requirements of this
					 rule to receive credit for professional experience.
(2) An applicant for licensure shall provide
					 proof, as directed by the department, verifying either of the following to
					 receive credit for professional experience in engineering work:
(a) Except as otherwise provided under
					 subrules (1) and (4) of this rule, the applicant has obtained not less than 4
					 years of experience practicing as a licensed or registered professional
					 engineer in another state or a province of Canada.
(b) All of the following:
(i) The dates of performing engineering work
					 that qualifies as professional experience under subrule (3) of this
					 rule.
(ii) The supervising
					 individual's name and license or registration number and the state or province
					 of Canada in which the supervising individual is licensed or registered as a
					 professional engineer.
(iii)
					 Documentation from the supervising individual attesting to the work experience,
					 dates of work, and supervision.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Professional Engineers › Professional Engineers › Part 2 - LICENSURE › Section R. 339.16025 - Relicensure requirements

Current through Vol. 24-12, July 15, 2024
Rule 25.
(1) An
					 applicant whose license has lapsed for less than 3 years after the expiration
					 date of the last license may be relicensed under section
					 411(3) of the
					 code, MCL
					 339.411, by satisfying all the
					 following requirements:
(a) Provides a
					 completed application on a form provided by the department.
(b) Pays the required fee to the
					 department.
(c) Provides proof, as
					 directed by the department, verifying that the applicant has completed 15 hours
					 of continuing education in activities approved under
					 R 339.16041, during the 12 months
					 immediately before the date of filing the relicensure application. Of the 15
					 hours, at least 1 hour of continuing education must be earned in ethics, as it
					 relates to professional engineering. If the department determines that the
					 amount of continuing education hours provided with the application is
					 deficient, the applicant has 1 year after the date of filing the application to
					 provide proof of completing the deficient hours.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Professional Engineers › Professional Engineers › Part 2 - LICENSURE › Section R. 339.16026 - Examination requirements

Current through Vol. 24-12, July 15, 2024
Rule 26. An applicant for licensure shall provide proof,
						as directed by the department, verifying both of the following to satisfy the
						examination requirements under the code:
(a) The applicant achieved a passing score as
					 determined by NCEES on either of the following examinations:
(i) The NCEES Principals and Practice of
					 Engineering examination.
(ii) Both
					 parts of the NCEES Structural Engineering examination, known as SE-I and
					 SE-II.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Professional Engineers › Professional Engineers › Part 3 - STANDARDS OF PRACTICE AND PROFESSIONAL CONDUCT › Section R. 339.16031 - Professional conduct; requirements; restrictions

Current through Vol. 24-12, July 15, 2024
Rule 31.
(1) A
					 licensee shall follow all the rules of conduct under this part.
(2) A licensee shall do all the following:
(a) If the licensee is the individual in
					 responsible charge, the licensee shall notify the licensee's employer or
					 client, and any other appropriate authority, when the licensee's judgment is
					 overruled under circumstances that endanger life or property.
(b) If the licensee is not the individual in
					 responsible charge, the licensee shall notify the individual in responsible
					 charge when the licensee's judgment is overruled under circumstances that
					 endanger life or property.
(c)
					 Participate in phases of a project in which the licensee is
					 competent.
(d) Undertake
					 assignments in which the licensee is qualified by education or experience in
					 the specific technical field or fields involved.
(e) Complete, sign, seal, or approve
					 engineering documents that conform with the law and applicable professional
					 standards.
(f) Be objective and
					 truthful in professional reports, statements, or testimony and include all
					 relevant information in these reports, statements, or testimony.
(g) Disclose to an employer, client, or
					 public body that the licensee serves, all known or potential conflicts of
					 interest that could influence or appear to influence the licensee's judgment or
					 the quality of the licensee's services.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Professional Engineers › Professional Engineers › Part 3 - STANDARDS OF PRACTICE AND PROFESSIONAL CONDUCT › Section R. 339.16032 - Professional engineer seal

Current through Vol. 24-12, July 15, 2024
Rule 32.
(1) The
					 seal of a professional engineer must include the licensee's name and full
					 license number, as shown on the licensee's state-issued professional engineer
					 license and indicate "State of Michigan" and "Licensed Professional Engineer"
					 in the legend surrounding the seal. The seal must have a design substantially
					 equivalent to figure 32 below.
(2)
					 A licensee's seal must be used by the licensee whose name appears on the seal
					 for as long as the license is in effect. A licensee is responsible for the
					 security of the licensee's seal.
FIGURE 32
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						Here To View Image
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Professional Engineers › Professional Engineers › Part 4 - LICENSE RENEWAL AND CONTINUING EDUCATION › Section R. 339.16040 - Continuing education required for renewal; certification of compliance; document retention; continuing education waiver

Current through Vol. 24-12, July 15, 2024
Rule 40.
(1) An
					 applicant for license renewal who has been licensed during the 2-year period
					 immediately before the expiration date of the license shall obtain not less
					 than 30 hours of continuing education in activities approved under
					 R 339.16041, during the 2-year
					 period immediately before the expiration date of the license. Of the 30 hours,
					 not less than 2 hours of continuing education must be earned in ethics, as it
					 relates to professional engineering.
(2) Submission of an application for renewal
					 constitutes the applicant's certification of compliance with this rule and
					 R 339.16041.
(3) A licensee shall maintain documentation
					 of satisfying the requirements of this rule and
					 R 339.16041 for a period of 4 years
					 after the date of filing the application for license renewal.
(4) A licensee is subject to an audit under
					 this part and may have to provide documentation as described by
					 R 339.16041 on request of the
					 department.
(5) The department must
					 receive a request for a waiver of continuing education requirements for the
					 board's consideration not less than 30 days before the last regularly scheduled
					 board meeting before the expiration date of the license.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Professional Surveyors › Professional Surveyors › Part 1 - GENERAL PROVISIONS › Section R. 339.17101 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 101.
(1) As
					 used in these rules:
(a) "ANSAC/ABET" means
					 the Applied and Natural Science Accreditation Commission of the Accreditation
					 Board for Engineering and Technology, Inc.
(b) "Code" means the occupational code, 1980
					 PA 299, MCL
					 339.101 to
					 339.2677.
(c) "Continuing education" means an
					 instructional course or activity designed to bring licensees up to date on a
					 particular area of knowledge or skills relevant to the licensee's area of
					 professional practice.
(d)
					 "Department" means the department of licensing and regulatory
					 affairs.
(e) "EAC/ABET" means the
					 Engineering Accreditation Commission of the Accreditation Board for Engineering
					 and Technology, Inc.
(f)
					 "ETAC/ABET" means the Engineering Technology Accreditation Commission of the
					 Accreditation Board for Engineering and Technology, Inc.
(g) "NCEES" means the National Council of
					 Examiners for Engineering and Surveying.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Professional Surveyors › Professional Surveyors › Part 1 - GENERAL PROVISIONS › Section R. 339.17105 - Rescission

Current through Vol. 24-12, July 15, 2024
Rule 105.
(1)R
					 338.551 to R 338.563 and R 338.581 to R 338.588 of the Michigan Administrative
					 Code, appearing on pages 2446 to 2453 of the 1979 Michigan Administrative Code,
					 are rescinded insofar as these rules pertain to land surveyors.
(2)R 338.2401 to R 338.2461 of the Michigan
					 Administrative Code, appearing on pages 2554 to 2565 of the 1979 Michigan
					 Administrative Code, are rescinded.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Professional Surveyors › Professional Surveyors › Part 2 - EDUCATION, EXPERIENCE, AND EXAMINATIONS › Section R. 339.17201 - Educational requirements

Current through Vol. 24-12, July 15, 2024
Rule 201. An applicant for licensure shall provide proof,
						as directed by the department, verifying 1 of the following to satisfy the
						educational requirements under the code:
(a) Transcripts verifying that the applicant
					 received a baccalaureate degree or higher in a surveying program accredited by
					 any of the following:
(i) The
					 EAC/ABET.
(ii) The
					 ETAC/ABET.
(iii) The
					 ANSAC/ABET.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Professional Surveyors › Professional Surveyors › Part 2 - EDUCATION, EXPERIENCE, AND EXAMINATIONS › Section R. 339.17202 - Professional surveying experience; verification; educational credit for experience

Current through Vol. 24-12, July 15, 2024
Rule 202.
(1)
					 Under section
					 2004(3)(a) of
					 the code, MCL
					 339.2004, an applicant shall
					 document not less than 8 years of professional experience in professional
					 surveying, including not more than 5 years of education. An applicant shall
					 satisfy the requirements of this rule to receive credit for professional
					 experience.
(2) Professional
					 surveying work that is performed while under the supervision of a professional
					 surveyor licensed in this state or licensed or registered in another state or a
					 province of Canada and involves work in 1 or more of the following areas
					 qualifies as professional experience:
(a)
					 Providing professional services such as consultation, investigation, testimony,
					 evaluation, planning, mapping, assembling, and interpreting reliable scientific
					 measurements and information relative to the location, size, shape, or physical
					 features of the earth, improvements on the earth, the space above the earth, or
					 any part of the earth, and the utilization and development of these facts and
					 interpretations into an orderly survey map, plan, report, description, or
					 project.
(b) Land surveying, which
					 is the surveying of an area for its correct determination or description for
					 its conveyance or for the establishment or reestablishment of a land boundary
					 and the designing or design coordination of the plotting of land and the
					 subdivision of land.
(c) Geodetic
					 surveying, including surveying for a determination of the size and shape of the
					 earth, both horizontally and vertically, and the precise positioning of points
					 on the earth utilizing angular and linear measurements through spatially
					 oriented spherical geometry.
(d)
					 Utilizing and managing land information systems through the establishment of
					 datums and local coordinate systems and points of reference.
(e) Engineering and architectural surveying
					 for design and construction layout of infrastructure.
(f) Cartographic surveying for the making of
					 maps, including topographic and hydrographic mapping.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Professional Surveyors › Professional Surveyors › Part 2 - EDUCATION, EXPERIENCE, AND EXAMINATIONS › Section R. 339.17203 - Examination requirements

Current through Vol. 24-12, July 15, 2024
Rule 203. An applicant for a professional surveyor
						license shall satisfy all the following examination requirements under the
						code:
(a) Achieve a passing score on
					 the Fundamentals of Surveying Examination administered by NCEES. A passing
					 score on the exam must be determined by NCEES.
(b) Achieve a passing score on the Principles
					 and Practice of Surveying Examination administered by NCEES. A passing score on
					 the exam must be determined by NCEES.
(c) Achieve a passing score on the Michigan
					 Professional Surveying Examination. A passing score on the exam must be
					 determined by the department's chosen administrator of the exam.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Professional Surveyors › Professional Surveyors › Part 3 - PROFESSIONAL SURVEYOR SEAL AND RELICENSURE › Section R. 339.17301 - Professional surveyor seal

Current through Vol. 24-12, July 15, 2024
Rule 301.
(1)
					 The seal of a professional surveyor must include the licensee's name and full
					 license number, as shown on the licensee's state-issued professional surveyor
					 license and indicate "State of Michigan" and "Licensed Professional Surveyor"
					 in the legend surrounding the seal. The seal must have a design substantially
					 equivalent to Figure 301 below.
(2)
					 A licensee's seal must be used by the licensee whose name appears on the seal
					 for as long as the license is in effect. A licensee is responsible for the
					 security of the licensee's seal.
FIGURE 301
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						Here To View Image
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Professional Surveyors › Professional Surveyors › Part 3 - PROFESSIONAL SURVEYOR SEAL AND RELICENSURE › Section R. 339.17303 - Relicensure

Current through Vol. 24-12, July 15, 2024
Rule 303.
(1) An
					 applicant whose license has lapsed for less than 3 years after the expiration
					 date of the license may be relicensed under section
					 411(3) of the
					 code, MCL
					 339.411, by satisfying all the
					 following requirements.
(a) Providing a
					 completed application on a form provided by the department.
(b) Paying the required fee to the
					 department.
(c) Providing proof, as
					 directed by the department, verifying that the applicant completed 15 hours of
					 continuing education, 1 hour of which must be in professional ethics related to
					 surveying, in activities approved under
					 R 339.17506, during the 1-year
					 period immediately before the date of filing the relicensure application. If
					 the department determines that the amount of the continuing education hours
					 provided with the application is deficient, the applicant has 1 year after the
					 date of filing the application to provide proof of completing the deficient
					 hours.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Professional Surveyors › Professional Surveyors › Part 4 - STANDARDS OF PRACTICE AND PROFESSIONAL CONDUCT › Section R. 339.17401 - Solicitation of employment; restrictions; exception

Current through Vol. 24-12, July 15, 2024
Rule 401.
(1) In
					 the solicitation of employment, a licensee shall not falsify, or allow the
					 misrepresentation of, the academic or professional qualifications of the
					 licensee or the licensee's associates.
(2) A licensee shall not pay, give, or offer
					 to pay or give, directly or indirectly, to a client or potential client or to
					 the agent of a client or potential client, a commission, contribution, gift, or
					 other substantial valuable consideration to secure or retain professional
					 surveying work. This restriction does not include payments to an employment
					 agency for the purpose of securing employment or employees for salaried
					 positions.
(3) A licensee shall
					 seek professional employment based on the licensee's qualifications,
					 competence, and ability to properly accomplish the employment sought.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Professional Surveyors › Professional Surveyors › Part 4 - STANDARDS OF PRACTICE AND PROFESSIONAL CONDUCT › Section R. 339.17402 - Conflict of interest

Current through Vol. 24-12, July 15, 2024
Rule 402.
(1) To
					 avoid a conflict of interest, a licensee shall promptly inform, in writing, an
					 employer or client of the licensee or a public body that the licensee serves of
					 any employment, business association, interest, duty, or circumstance if that
					 relationship is with another and involves the current or prospective work
					 assignment of the licensee with that employer, client, or public
					 body.
(2) A licensee shall not
					 accept compensation, financial or otherwise, from more than 1 individual for
					 services performed on the same project or assignment, unless the circumstances
					 are fully disclosed to all individuals that pay, or are required to approve
					 payment, for the work performed by the licensee.
(3) A licensee shall not ask for or accept
					 gratuities, directly or indirectly, from contractors, their agents, or other
					 individuals dealing with the client or employer of the licensee in connection
					 with work for which the licensee is responsible, or ask for or accept financial
					 or other valuable consideration from another for specifying products or
					 services.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Professional Surveyors › Professional Surveyors › Part 4 - STANDARDS OF PRACTICE AND PROFESSIONAL CONDUCT › Section R. 339.17403 - Participation in project; responsibilities; survey identification

Current through Vol. 24-12, July 15, 2024
Rule 403.
(1) A
					 licensee shall undertake to take part only in those phases of a project in
					 which the licensee is competent. In the areas of a project involving
					 architecture or professional engineering in which the licensee lacks
					 competence, the licensee shall retain licensed professional associates for
					 those phases of that project.
(2) A
					 licensee is responsible for clear, accurate, and complete development of plats,
					 plans, drawings, specifications, survey reports, and other instruments of
					 service as is customary in the practice of the licensee's profession, and the
					 material must properly satisfy the need for which it is intended.
(3) Surveys and drawings not intended to
					 delineate, monument, or define property boundaries and limits must be clearly
					 identified as not being boundary surveys.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Professional Surveyors › Professional Surveyors › Part 5 - CONTINUING EDUCATION › Section R. 339.17505 - Continuing education; license renewal; requirements

Current through Vol. 24-12, July 15, 2024
Rule 505.
(1) An
					 applicant for license renewal who has been licensed during the 2-year period
					 immediately before the expiration date of the license shall obtain not less
					 than 30 hours of continuing education during the 2-year period immediately
					 before the expiration date of the license and satisfy both of the following
					 requirements:
(a) Obtain 2 of the 30 hours of
					 continuing education in an activity that focuses on the area of professional
					 ethics related to surveying. The professional ethics related to surveying is
					 not required to focus on areas specific to the rules or statutes.
(b) Obtain all 30 hours of continuing
					 education in activities that satisfy the requirements under
					 R 339.17506.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Appraiser › Board of Real Estate Appraisers › Part 1 - GENERAL PROVISIONS › Section R. 339.23101 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 101.
(1) As
					 used in these rules:
(a) "Board" means the
					 Michigan board of real estate appraisers created under section
					 2603 of the code, MCL
					 339.2603.
(b) "Code" means the occupational code, 1980
					 PA 299, MCL
					 339.101 to
					 339.2677.
(c) "Transaction value" means either of the
					 following:
(i) For loans or other extensions
					 of credit, or for sales, leases, purchases, and investments, or in exchanges of
					 real property, the market value of the real property interest
					 involved.
(ii) For the pooling of
					 loans or interests in real property for resale or purchase, the amount of the
					 loan or market value of the real property calculated with respect to each loan
					 or interest in real property.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Appraiser › Board of Real Estate Appraisers › Part 1 - GENERAL PROVISIONS › Section R. 339.23104 - Exemption from standard

Current through Vol. 24-12, July 15, 2024
Rule 104.
The following are exempt from the requirements of the
						Uniform Standards of Professional Appraisal Practice (USPAP), Standard 3 and
						Standard 4:
(a) A board member who is
					 performing an investigation or testifying at an adjudicatory hearing on behalf
					 of the department.
(b) A board
					 member who is serving in the capacity of a reviewer while reviewing the work
					 experience of an applicant for licensure.
(c) An investigator employed by or retained
					 by the department who is performing an investigation or testifying at an
					 adjudicatory hearing.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Appraiser › Board of Real Estate Appraisers › Part 2 - LICENSING › Section R. 339.23203 - Appraisal experience for licensure; satisfactory evidence

Current through Vol. 24-12, July 15, 2024
Rule 203. An applicant's experience hours must comply
						with 1 of the following requirements:
(a) All of the following requirements:
(i) Appraisal experience, demonstrated by
					 copies of reports and file memoranda. The applicant shall submit a detailed log
					 to the department that includes all of the following information:
(A) Date of each appraisal
					 assignment.
(B) Property
					 address.
(C) Property
					 type.
(D) Description of work
					 performed by the applicant.
(E)
					 Scope of the review and level of supervision of the applicant's supervisory
					 certified appraiser consistent with the AQB criteria, as that term is defined
					 in section
					 2601(b) of the
					 code, MCL
					 339.2601, and
					 R 339.23203a.
(F) A clear indication of the time devoted to
					 each appraisal.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Appraiser › Board of Real Estate Appraisers › Part 2 - LICENSING › Section R. 339.23203a - Supervisory certified appraiser

Current through Vol. 24-12, July 15, 2024
Rule 203a.
(1) A
					 supervisory certified appraiser shall comply with the supervisory certified
					 appraiser qualifications in the AQB criteria.
(2) Before supervising, a supervisory
					 certified appraiser shall complete a course that, at a minimum, complies with
					 the specifications for course content established by the AQB
					 criteria.
(3) A supervisory
					 certified appraiser shall not supervise more than 3 real estate appraiser
					 trainees pursuant to the AQB criteria unless written authorization by the
					 department is granted, under subrule (4) of this rule, to exceed the number of
					 trainees at any 1 time.
(4) The
					 department may authorize a supervisory certified appraiser to exceed the
					 maximum number of trainees allowed to be supervised under subrule (3) of this
					 rule, provided all of the following are complied with:
(a) The applicant submits an application on a
					 form provided by the department and approved by the board to the
					 department.
(b) The supervisory
					 certified appraiser submits proof to the department that he or she has complied
					 with the supervisory certified appraiser qualifications in the AQB criteria and
					 has more than 5 years of experience as an appraiser.
(c) The supervisory certified appraiser
					 agrees in his or her application to limit supervision to no more than 6
					 trainees at any 1 time, with no more than 3 trainees with less than 1 year of
					 experience.
(d) The supervisory
					 certified appraiser prepares and maintains trainee progress reports on each
					 trainee and makes them available to the department until the trainee becomes
					 certified or licensed or after 2 years has lapsed since supervising the
					 trainee, whichever is earlier.
(e)
					 The supervisory certified appraiser provides the department with a mentoring
					 plan for each trainee before supervising the trainee.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Appraiser › Board of Real Estate Appraisers › Part 2 - LICENSING › Section R. 339.23205 - Prior licensing or exemptions; experience in this state

Current through Vol. 24-12, July 15, 2024
Rule 205.
As required in the code, experience is valid only if an
						individual was properly licensed or exempt from licensure. In this state, to be
						properly licensed before January 1, 1992, an individual shall have held a real
						estate license in this state. Under the standards applicable to the licensing
						of appraisal services in this state before January 1, 1992, the following
						positions were considered exempt from real estate licensing:
(a) An employee of a financial institution
					 whose services as an appraiser were performed for the financial institution and
					 not offered to the public.
(b) An
					 employee of an appraisal firm who performed appraisal tasks but did not sign
					 reports.
(c) An employee of a firm
					 whose appraisals were performed for the internal use of the firm and only on
					 property owned or to be purchased by the firm for its own use.
(d) A governmental employee who appraised
					 property for government use or purchase or whose appraisal was required for the
					 operation of a governmental program.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Appraiser › Board of Real Estate Appraisers › Part 2 - LICENSING › Section R. 339.23207 - Market analysis by real estate licensees; acceptable experience

Current through Vol. 24-12, July 15, 2024
Rule 207. Market analysis as performed by a real estate
						licensee may be included in the experience required in
						R 339.23203, if both of the
						following conditions are met:
(a) The
					 applicant provides proof that he or she was properly licensed as a real estate
					 broker, associate broker, or salesperson when the real estate market analysis
					 was performed.
(b) The analysis is
					 prepared in conformity with standards 1 and 2 of USPAP, and the individual can
					 demonstrate that he or she is using similar techniques as appraisers to value
					 properties and effectively utilizes the appraisal process.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Appraiser › Board of Real Estate Appraisers › Part 2 - LICENSING › Section R. 339.23209 - Nonresident temporary permit

Current through Vol. 24-12, July 15, 2024
Rule 209.
A holder of a nonresident temporary permit issued by the
						department pursuant to section 2625(2) of the code, MCL 339.2625, may request 1
						extension as follows:
(a)The
					 application shall be in writing on a department form submitted to the
					 department.
(b) The extension shall
					 be for no more than 180 days.
(c)
					 The extension shall be given to finish work on the same temporary assignment
					 that was the subject of the initial temporary permit.
(d) In no case shall a temporary permit be
					 issued for the same assignment for more than 360 days.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Appraiser › Board of Real Estate Appraisers › Part 3 - APPRAISER EDUCATION › Section R. 339.23301 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 301.
As used in this part:
(a) "Continuing education course" means a
					 course that complies with the AQB criteria for continuing education courses and
					 is approved by the department.
(b)
					 "Coordinator" means an individual who assumes, on behalf of a course sponsor,
					 the responsibility pursuant to these rules for offering courses relating to the
					 activities of real estate appraisers.
(c) "Instructor" means an individual who is
					 determined to be qualified by the sponsor to instruct students or licensees in
					 prelicensure or continuing education courses and who provides instruction
					 directly and interactively in contact with students or licensees. An instructor
					 may utilize guest speakers but shall bear ultimate responsibility to the
					 sponsor for the quality of information imparted to students or
					 licensees.
(d) "Prelicensure
					 course" means a course that complies with the AQB criteria for prelicensure
					 education courses and is approved by the department.
(e) "Sponsor" means an entity that meets the
					 requirements of section 2617(2) of the code, MCL 339.2617, and that offers or
					 proposes to offer either prelicensure appraiser education or continuing
					 education.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Appraiser › Board of Real Estate Appraisers › Part 3 - APPRAISER EDUCATION › Section R. 339.23303 - Education; submission of documentation by applicants for licensure

Current through Vol. 24-12, July 15, 2024
Rule 303.
(1) In
					 submitting documentation of prelicensure education obtained before the
					 effective date of the code or from course sponsors that are not approved under
					 these rules, the applicant shall show that the course was designed to teach
					 individuals to perform appraisals or to augment a basic knowledge of appraisals
					 with general information that the instructor then relates to the performance of
					 appraisals.
(2) General educational
					 courses, including business, economics, statistics, or law, or general courses
					 in real estate or real estate law are not considered equivalent to approved
					 prelicensure education unless a relationship to appraisal is shown in the
					 course description, syllabus, or curriculum outline to the extent that 15 or
					 more classroom hours are specifically related to appraisal. Classroom hours of
					 credit must only be granted for hours that are specifically related to
					 appraisal.
(3) An applicant's
					 submission of documentation of prelicensure education must include all of the
					 following information:
(a) The date and place
					 the course was taken.
(b) The name
					 of the sponsor, the sponsor's current address, and the sponsor's telephone
					 number if available.
(c) A copy of
					 the course outline, syllabus, detailed curriculum, or similar
					 information.
(d) A copy of the
					 certificate of completion.
(e) The
					 number of classroom hours spent in the course. To have the education hours
					 approved by the department, continuing education course sponsors utilizing
					 distance-learning systems shall have an acceptable method of ensuring that the
					 licensee achieves an equivalent to classroom hours.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Appraiser › Board of Real Estate Appraisers › Part 3 - APPRAISER EDUCATION › Section R. 339.23307 - Conduct of courses

Current through Vol. 24-12, July 15, 2024
Rule 307.
(1) A
					 course sponsor shall comply with all of the following requirements:
(a) A sponsor shall not represent a course to
					 licensees or to the public as meeting the requirements of the code and these
					 rules until the course is approved by the department, unless the course
					 advertises that it has been submitted for approval but has not yet been
					 approved by the department.
(b) A
					 person shall not solicit for organizational membership, employment, or
					 business-related products and services during qualifying course classroom
					 hours.
(c) A sponsor shall appoint
					 an individual as coordinator for the sponsor's courses. The coordinator is
					 responsible for supervising the program of courses and ensuring compliance with
					 the code, these rules, and the AQB criteria. The coordinator does not need to
					 be a licensee.
(d) An instructor
					 who meets the requirements of
					 R 339.23309(3) and
					 (4) shall teach the course.
(e) Each student or licensee shall be
					 provided with a written syllabus that contains, at a minimum, all of the
					 following information:
(i) The course
					 title.
(ii) The times and dates of
					 the course offering.
(iii) The
					 name, business address, telephone number of the course coordinator, and the
					 name of the instructor.
(iv) A
					 detailed outline of the subject matter to be covered and the estimated time to
					 be devoted to each subject.
(f) A course must not be credited for more
					 than 10 classroom hours of instruction in 1 day. Calculations of classroom
					 hours for a course must not include any of the following:
(i) Meals.
(ii) Breaks.
(iii) Registration.
(iv) Required reading.
(v) Outside assignments.
(g) Each course must reflect the most current
					 version of state and federal laws, regulations, and the AQB criteria.
(h) A sponsor shall allow the department to
					 review a course at any time or to inspect the records of a course sponsor
					 during normal business hours.
(i) A
					 sponsor whose programs are transferred to another entity shall arrange for
					 student or licensee records to be maintained permanently by the successor
					 entity. The successor entity shall ensure that student or licensee records are
					 available to students or licensees who need to verify their
					 education.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Appraiser › Board of Real Estate Appraisers › Part 3 - APPRAISER EDUCATION › Section R. 339.23309 - Sponsors; duties; instructors

Current through Vol. 24-12, July 15, 2024
Rule 309.
(1) A
					 sponsor is responsible for all of the following:
(a) Complying with all laws, rules, and the
					 AQB criteria, relating to appraiser education, including requirements related
					 to class hours, content, course delivery mechanism, instructors, and
					 examinations.
(b) Providing
					 students or licensees with current and accurate information.
(c) Maintaining an atmosphere that is
					 conducive to learning in the classroom.
(d) Ensuring and certifying the attendance of
					 students or licensees who are enrolled in courses.
(e) Providing assistance to students or
					 licensees and responding to questions relating to course materials.
(f) Supervising all guest lecturers and
					 relating all information that is presented to the practice of real estate
					 appraisal.