reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Attorney General › Consumer Protection and Charitable Trusts Division › Franchises › Part 5 - FINANCIAL STATEMENTS › Section R. 445.504 - Exempt franchisor

Current through Vol. 24-12, July 15, 2024
Rule 504. A financial statement of a franchisor exempt from
					 registration under section 6(2)(a), (b), or (j) of the act shall be certified
					 and audited by an independent certified public accountant, unless that
					 requirement is waived by the administrator as not in the public interest or for
					 the protection of investors.
Michigan Administrative Code › Department - Attorney General › Consumer Protection and Charitable Trusts Division › Franchises › Part 5 - FINANCIAL STATEMENTS › Section R. 445.505 - Disclosure

Current through Vol. 24-12, July 15, 2024
Rule 505.
(1)
				  Whenever an unaudited financial statement is utilized pursuant to this rule, it
				  shall be accompanied by the following written disclosure or a substantially
				  equivalent statement, immediately adjacent thereto, in 10-point
				  type:
"This financial statement is prepared without an audit. Investors in
					 or sellers of franchises should be advised that a certified public accountant
					 has not audited these figures or expressed his opinion with regard to their
					 contents or form."
(2) If
				  an unaudited financial statement is referred to orally, it shall be accompanied
				  by an oral statement containing a caveat approximating the language in subrule
				  (1).
Michigan Administrative Code › Department - Attorney General › Consumer Protection and Charitable Trusts Division › Franchises › Part 5 - FINANCIAL STATEMENTS › Section R. 445.506 - Delays; updated statement or information

Current through Vol. 24-12, July 15, 2024
Rule 506.
(1) If
				  amendments or other delays cause a financial statement to become more than 4
				  months old as of the effective date of the registration statement:
(a) An updated financial statement, as of a
				  date within 4 months of the effective date, shall be filed if the franchisor
				  fails to have an established record of earnings or is currently showing losses
				  or a weak financial condition.
(b)
				  A paragraph containing later information as to sales, net income, and financial
				  condition may be added in lieu of updating the financial statement, in the
				  discretion of the administrator, when the franchisor has an established record
				  of earnings and is in sound financial condition.
Michigan Administrative Code › Department - Attorney General › Consumer Protection and Charitable Trusts Division › Franchises › Part 5 - FINANCIAL STATEMENTS › Section R. 445.507 - Certified public accountant's opinion

Current through Vol. 24-12, July 15, 2024
Rule 507. The certified public accountant's opinion shall
					 comply with the following requirements:
(a) The opinion filed with the administrator
				  shall be dated and manually signed, and shall identify the financial statement
				  covered by the opinion.
(b) The
				  opinion shall state whether the audit was made in accordance with generally
				  accepted auditing standards, and shall disclose auditing procedures generally
				  recognized as normal or deemed necessary under the circumstances of the
				  particular case which have been omitted, and the reasons for the
				  omission.
(c) The opinion shall
				  state clearly:
(i) The opinion of the
				  accountant with respect to the financial statement covered by the report and
				  the accounting principles and practices reflected therein.
(ii) The opinion of the accountant as to any
				  changes in accounting principles or practices which have a material effect on
				  the financial statement.
Michigan Administrative Code › Department - Attorney General › Consumer Protection and Charitable Trusts Division › Franchises › Part 5 - FINANCIAL STATEMENTS › Section R. 445.508 - Certified public accountant's statement

Current through Vol. 24-12, July 15, 2024
Rule 508. A financial statement filed with the
					 administrator shall include a manually signed and dated statement of the
					 certified public accounting firm approving the use of its name and its opinion
					 in the prospectus and registration statement.
Michigan Administrative Code › Department - Attorney General › Consumer Protection and Charitable Trusts Division › Franchises › Part 5 - FINANCIAL STATEMENTS › Section R. 445.509 - Change in accountants

Current through Vol. 24-12, July 15, 2024
Rule 509. If the independent certified public accountant
					 who has been engaged as the principal accountant to audit the franchisor's
					 financial statements was not the principal accountant for the franchisor's most
					 recently filed certified financial statements:
(a) The franchisor shall furnish the
				  administrator with a statement of the date when the current independent
				  accountant was engaged and whether, in the 18 months preceding the engagement,
				  there were any disagreements with the former principal accountant on a matter
				  of accounting principals or practices, financial statement disclosure, or
				  auditing procedure, which, if not resolved to the satisfaction of the former
				  accountant, would have caused that accountant to make reference in connection
				  with its opinion to the subject matter of the disagreement.
(b) The franchisor shall request the former
				  accountant to furnish the franchisor with a letter stating whether it agrees
				  with statements contained in the letter of the franchisor and, if not, stating
				  the respects in which it does not agree.
(c) The franchisor shall furnish such a
				  letter to the administrator, together with its own.
Michigan Administrative Code › Department - Attorney General › Consumer Protection and Charitable Trusts Division › Franchises › Part 5 - FINANCIAL STATEMENTS › Section R. 445.510 - Disclosure of accountant's interest

Current through Vol. 24-12, July 15, 2024
Rule 510. When a report pursuant to this act or these rules
					 is prepared by an independent public accountant or certified public accountant
					 who holds, or intends to acquire, a position or interest in the applicant or
					 registrant covered by the report, full disclosure thereof shall be made to the
					 administrator and, where appropriate, full disclosure shall be made in the
					 prospectus.
Michigan Administrative Code › Department - Attorney General › Consumer Protection and Charitable Trusts Division › Franchises › Part 5 - FINANCIAL STATEMENTS › Section R. 445.511 - Consolidated and separate statements

Current through Vol. 24-12, July 15, 2024
Rule 511.
(1) When
				  a franchisor owns, directly or beneficially, a controlling financial interest
				  in another corporation, the financial statement required to be filed shall
				  reflect, on a consolidated basis, the financial condition of the franchisor and
				  each of its subsidiaries.
(2) A
				  separate financial statement shall be required for each franchisor or
				  subfranchisor filing for registration or exemption in this state.
(3) A company controlling 80% or more of a
				  franchisor shall be required to file its financial statement for review by the
				  administrator, and the financial statement shall not be included as part of the
				  prospectus except as provided by
				  R
				  445.512.
(4) A consolidated and separate financial
				  statement shall be prepared in accordance with generally accepted accounting
				  principles.
Michigan Administrative Code › Department - Attorney General › Consumer Protection and Charitable Trusts Division › Franchises › Part 5 - FINANCIAL STATEMENTS › Section R. 445.512 - Statement of controlling company

Current through Vol. 24-12, July 15, 2024
Rule 512. A complete financial statement of a company
					 controlling the franchisor shall be required when the controlling company
					 guarantees to assume the duties and obligations of the franchisor under the
					 franchise agreement. If the franchisor wishes to file a controlling company
					 financial statement, the controlling company shall guarantee the obligations of
					 the franchisor or post an acceptable surety bond at the discretion of the
					 franchisor. Such surety bond must be purchased from a surety company authorized
					 to transact business in the state of Michigan and in an amount required by the
					 administrator as protection of the public requires. The amount may be amended
					 by the administrator on the basis of the amount of fees and the number of
					 franchises sold. If the surety bond is terminated or canceled while the
					 franchisor is still under an obligation to provide real estate, improvements,
					 equipment, inventory, training or other items, another surety bond acceptable
					 to the administrator must be purchased or a guarantee acceptable to the
					 administrator of the franchisor's obligations must be given before additional
					 sales can be made.
Michigan Administrative Code › Department - Attorney General › Consumer Protection and Charitable Trusts Division › Franchises › Part 5 - FINANCIAL STATEMENTS › Section R. 445.513 - Books and records

Current through Vol. 24-12, July 15, 2024
Rule 513.
(1) The
				  franchisor, unless exempt pursuant to section 6(2)(e) or (k) of the act, shall
				  make and keep current the following books and records relating to the purchase
				  or sale of franchises:
(a) Records of original
				  entry containing an itemized daily record of purchases and sales of franchises,
				  receipts of cash, other debits and credits.
(b) Copies of contracts of purchase or
				  sale.
(c) Records of payments made
				  to persons, directly or indirectly, in connection with the offer, sale, or
				  purchase of a franchise, itemizing the persons to whom payments were made, the
				  date and amount of each payment, the reason for the payment, and the
				  transaction from which payment arose.
(d) Individual registration records for each
				  franchisee, with name and address, aggregate amount to be paid, and terms of
				  the payments.
Michigan Administrative Code › Department - Attorney General › Consumer Protection and Charitable Trusts Division › Franchises › Part 5 - FINANCIAL STATEMENTS › Section R. 445.514 - Special financial reports

Current through Vol. 24-12, July 15, 2024
Rule 514. The administrator may at any time require the
					 filing of a special financial report by a franchisor currently registered under
					 section 6(1) of the act or exempt under section 6(2)(a) or (b) of the act if it
					 finds that the filing is in the public interest.
Michigan Administrative Code › Department - Attorney General › Consumer Protection and Charitable Trusts Division › Franchises › Part 6 - FRANCHISE AGENTS › Section R. 445.601 - Registration required; limitation on representation; agent as natural person

Current through Vol. 24-12, July 15, 2024
Rule 601.
(1) A
				  franchise agent may not participate in the offer or sale of a franchise
				  currently registered or exempted under section 6(1) or 6(2)(a) or (b) of the
				  act, unless the franchise agent is registered with the administrator on the
				  appropriate forms filed by the franchisor or a franchise agent. A franchise
				  agent, except an agent working exclusively for another franchise agent pursuant
				  to part 7, may not represent more than 1 franchisor, unless the administrator
				  specifically authorized by order the multiple employment on terms and
				  conditions as are appropriate to the public interest.
(2) A franchise agent may only be a natural
				  person.
Michigan Administrative Code › Department - Attorney General › Consumer Protection and Charitable Trusts Division › Franchises › Part 6 - FRANCHISE AGENTS › Section R. 445.602 - Application for registration; examination; registration order

Current through Vol. 24-12, July 15, 2024
Rule 602.
(1) An
				  application for franchise agent registration shall be on the form and contain
				  the information specified by the administrator. In the alternative, a uniform
				  form, with any necessary supplement satisfactory to the administrator, may be
				  submitted.
(2) An application for
				  franchise agent registration shall be accompanied by a completed fingerprint
				  record on a form prescribed by the administrator, unless this requirement is
				  waived by the administrator.
(3) An
				  applicant for registration as a franchise agent may be required to pass a
				  written examination, testing his knowledge of the franchise investment law and
				  other appropriate laws or rules. This examination and the minimum passing grade
				  may be varied for any class of applicants.
(4) A registration order shall be issued to
				  the franchisor or franchise agent registered pursuant to part 7. Upon
				  termination of employment for any cause, the order shall promptly be returned
				  to the administrator for cancellation.
Michigan Administrative Code › Department - Attorney General › Consumer Protection and Charitable Trusts Division › Franchises › Part 6 - FRANCHISE AGENTS › Section R. 445.603 - Failure to complete, or withdrawal of, application

Current through Vol. 24-12, July 15, 2024
Rule 603. If an applicant for agent registration fails to
					 complete, or withdraw, an application within 3 months of the date of filing,
					 the administrator may deny the application. The administrator may deny a
					 request to withdraw an application.
Michigan Administrative Code › Department - Attorney General › Consumer Protection and Charitable Trusts Division › Franchises › Part 6 - FRANCHISE AGENTS › Section R. 445.604 - Agent registration or application; denial, suspension, or revocation

Current through Vol. 24-12, July 15, 2024
Rule 604. The administrator may, by order, deny, suspend,
					 or revoke an agent registration or application if it finds that the applicant
					 or franchise agent has engaged in conduct set forth in
					 R 445.704.
Michigan Administrative Code › Department - Attorney General › Consumer Protection and Charitable Trusts Division › Franchises › Part 6 - FRANCHISE AGENTS › Section R. 445.605 - Effective date of registration; expiration; renewal

Current through Vol. 24-12, July 15, 2024
Rule 605.
(1) A
				  franchise agent's registration may become effective on any date during the
				  year.
(2) A franchise agent's
				  registration expires on the date of the expiration of the registration or
				  exemption of the franchisor, or on the date of the expiration of the franchise
				  agent registration pursuant to part 7, whichever is applicable.
(3) An agent's registration may be renewed if
				  the franchisor or subfranchisor provides to the administrator, on the form
				  prescribed by the administrator, a list of all franchise agents, including
				  therewith current home and business addresses and telephone numbers, or may be
				  renewed by a franchise agent as provided in
				  R
				  445.705.
Michigan Administrative Code › Department - Attorney General › Consumer Protection and Charitable Trusts Division › Franchises › Part 6 - FRANCHISE AGENTS › Section R. 445.606 - Sales on behalf of multiple franchisors

Current through Vol. 24-12, July 15, 2024
Rule 606. In the event that a company controls more than 1
					 franchisor, franchise agents of these companies may offer franchises on behalf
					 of each franchisor if the agent files an application for franchise agent
					 registration to act on behalf of each franchisor.
Michigan Administrative Code › Department - Attorney General › Consumer Protection and Charitable Trusts Division › Franchises › Part 6 - FRANCHISE AGENTS › Section R. 445.607 - Concurrent registration

Current through Vol. 24-12, July 15, 2024
Rule 607. A franchise agent may not be concurrently
					 registered with a franchisor or subfranchisor and a franchise agent pursuant to
					 part 7 except as provided herein.
Michigan Administrative Code › Department - Attorney General › Consumer Protection and Charitable Trusts Division › Franchises › Part 6 - FRANCHISE AGENTS › Section R. 445.608 - Franchise compliance officer

Current through Vol. 24-12, July 15, 2024
Rule 608.
(1) A
				  franchisor, subfranchisor, or franchise agent employing franchise agents shall
				  designate a franchise compliance officer, whose responsibility it shall be to:
(a) Determine that the activities of its
				  franchise agents are in compliance with the statutes and rules of the
				  state.
(b) Prepare and forward to
				  the administrator a compliance manual which shall thereafter be distributed to
				  each franchise agent.
(c) Insure
				  that each agent is at all times familiar with the act and rules thereunder, and
				  the compliance manual.
Michigan Administrative Code › Department - Attorney General › Consumer Protection and Charitable Trusts Division › Franchises › Part 7 - FRANCHISE AGENTS › Section R. 445.701 - Registration order as condition to commencing activities; expiration of registration; effective date of renewal registration

Current through Vol. 24-12, July 15, 2024
Rule 701. A franchise agent pursuant to this part shall
					 receive a registration order from the administrator prior to commencing those
					 activities which constitute that person to be a franchise agent. Registrations
					 expire on March 31, following effectiveness, unless otherwise ordered by the
					 administrator. A renewal registration is effective on the date prescribed by
					 the administrator by order.
Michigan Administrative Code › Department - Attorney General › Consumer Protection and Charitable Trusts Division › Franchises › Part 7 - FRANCHISE AGENTS › Section R. 445.702 - Initial or renewal registration; filing and contents of application

Current through Vol. 24-12, July 15, 2024
Rule 702.
(1) A
				  franchise agent may obtain an initial or renewal registration by filing with
				  the administrator an application, together with a consent to service of process
				  on the form prescribed by the administrator. This application shall contain the
				  information the administrator requires relating to the following:
(a) The qualifications and business history
				  of the applicant and its partners, officers, directors, or other persons
				  occupying similar status or performing similar functions or a person, directly
				  or indirectly, controlling the franchise agent.
(b) The applicant's financial
				  condition.
(c) The applicant's
				  proposed form of doing business.
(d) Past misconduct on the part of the
				  applicant or its partners, officers, or directors.
(e) Other information necessary for the
				  protection of the public.
Michigan Administrative Code › Department - Attorney General › Consumer Protection and Charitable Trusts Division › Franchises › Part 7 - FRANCHISE AGENTS › Section R. 445.703 - Failure to complete, or withdrawal of, application

Current through Vol. 24-12, July 15, 2024
Rule 703. If an applicant for franchise agent registration
					 fails to complete, or withdraws, an application within 3 months of the date of
					 filing, the administrator may deny the application. The administrator may deny
					 a request to withdraw an application.
Michigan Administrative Code › Department - Attorney General › Consumer Protection and Charitable Trusts Division › Franchises › Part 7 - FRANCHISE AGENTS › Section R. 445.705 - Renewal of registration

Current through Vol. 24-12, July 15, 2024
Rule 705. A franchise agent pursuant to this part may apply
					 for renewal of its registration by filing with the administrator a complete
					 list of franchise agents pursuant to part 6 employed, including therewith
					 current home and business addresses and telephone numbers, a report of
					 activities in the form designated by the administrator, and a statement of
					 financial condition prepared in accordance with generally accepted accounting
					 principles.
Michigan Administrative Code › Department - Attorney General › Consumer Protection and Charitable Trusts Division › Franchises › Part 7 - FRANCHISE AGENTS › Section R. 445.706 - Records

Current through Vol. 24-12, July 15, 2024
Rule 706. Every franchise agent pursuant to this part shall
					 make and keep current the following books and records relating to his
					 business:
(a) Records of original
				  entry detailing the sale of the franchise, to whom sold, the aggregate price,
				  the initial payment, the installment payments, if any, and the commission paid
				  to the franchise agent or its employees.
(b) An individual registration record for
				  each franchisee, including name, home and business address, telephone numbers,
				  occupation, aggregate amount paid, terms of payment, and the name of its
				  selling franchise agent employee.
(c) A copy of advertising used by the agent
				  in the offer of franchises, including, but not limited to, radio, newspapers,
				  TV, letters and brochures.
(d) The
				  records, books, and memoranda that relate to a franchise sale, and the records
				  required to be kept under the act and rules, for a period of not less than 6
				  years after the sale.
Michigan Administrative Code › Department - Attorney General › Consumer Protection and Charitable Trusts Division › Franchises › Part 7 - FRANCHISE AGENTS › Section R. 445.707 - Special financial reports

Current through Vol. 24-12, July 15, 2024
Rule 707. The administrator may, at any time, require the
					 filing of a special financial report by a franchise agent if it finds that the
					 filing is in the public interest.
Michigan Administrative Code › Department - Attorney General › Consumer Protection and Charitable Trusts Division › Franchises › Part 7 - FRANCHISE AGENTS › Section R. 445.708 - Surety bond

Current through Vol. 24-12, July 15, 2024
Rule 708.
(1) A
				  franchise agent whose net worth, derived by the use of generally accepted
				  accounting principles, does not exceed $100,000.00 shall file with the
				  administrator a surety bond in the amount of $25,000.00 on a form provided by
				  the administrator, and shall maintain the bond in that amount at all times
				  while registered as a franchise agent.
(2) If a franchise agent fails to maintain
				  the minimum net worth of $100,000.00, or fails to file or to maintain its bond,
				  the franchise agent shall immediately cease business and notify the
				  administrator of this failure.
(3)
				  If a suit is brought to enforce liability on the bond, the franchise agent
				  shall promptly notify the administrator thereof. If the bond principal amount
				  is reduced by any recovery against it, the bond shall be immediately restored
				  to $25,000.00.
(4) Prior to the
				  disbursement of funds, a court shall require a claimant to publicize the claim
				  against the franchise agent's bond in a manner reasonably calculated to inform
				  other franchisees of the pendency of the action and to permit intervention and
				  filing of claims.
(5) The bond
				  shall also be for the use and benefit of persons who may have a cause of action
				  in this state by reason of embezzlement, defalcation, or misappropriation of
				  securities or funds by the principal, its agents, and employees.
(6) The administrator may exempt a registered
				  franchise agent from this bond requirement, or may vary its terms, only if
				  justified and appropriate under special circumstances.
Michigan Administrative Code › Department - Attorney General › Consumer Protection and Charitable Trusts Division › Franchises › Part 7 - FRANCHISE AGENTS › Section R. 445.709 - Notification of agent's termination

Current through Vol. 24-12, July 15, 2024
Rule 709. Within 7 days after an agent for a franchise
					 agent terminates his employment or is terminated, notice of termination shall
					 be filed by the franchise agent on a form prescribed by the administrator,
					 setting forth fully the reasons for termination. If an agent is terminated for
					 cause, including a violation of the act or rules, the notice shall set forth
					 the cause of termination.
Michigan Administrative Code › Department - Attorney General › Consumer Protection and Charitable Trusts Division › Franchises › Part 7 - FRANCHISE AGENTS › Section R. 445.710 - Escrow account

Current through Vol. 24-12, July 15, 2024
Rule 710. The franchise agent shall not receive funds from
					 franchise sales or other business conducted on behalf of the franchisor or
					 subfranchisor. Payments from the sale of a franchise shall be made only to an
					 escrow account designated by the franchisor or the subfranchisor for
					 deposit.
Michigan Administrative Code › Department - Attorney General › Consumer Protection and Charitable Trusts Division › Franchises › Part 8 - ADVERTISING › Section R. 445.801 - Contents of advertisement

Current through Vol. 24-12, July 15, 2024
Rule 801.
(1)
				  Pursuant to section 24 of the act, advertising, as defined in section 2(1) of
				  the act, to be used to offer a franchise shall be filed in the office of the
				  administrator in duplicate not less than 10 business days prior to the
				  publication.
(2) An advertisement
				  shall not contain a statement or inference that a purchase of a franchise is a
				  safe investment or that failure, loss, or default is impossible or unlikely, or
				  that earnings or profits are assured.
(3) An advertisement, other than the offering
				  prospectus used pursuant to section 6(1) or 6(2)(a) or (b) of the act, shall
				  not contain a projection of future franchisee earnings, unless the projection
				  is:
(a) Based on a past earning record, over a
				  reasonable period of time, of all franchisees operating under conditions,
				  including location, substantially similar to conditions affecting the franchise
				  being offered, including terminations, cancellations, reacquisitions,
				  nonrenewals, and other operational failures, together with existing operational
				  franchise data.
(b) For a
				  reasonable period only.
(c)
				  Substantiated by data which clearly supports the projection.
(d) Accompanied by a chart showing the
				  estimated break-even point of the franchise operation.
(e) Accompanied by appropriate caveats
				  relating to the projection.
(f)
				  Based upon reasonable assumptions clearly set out immediately adjacent to the
				  projection.
Michigan Administrative Code › Department - Attorney General › Consumer Protection and Charitable Trusts Division › Franchises › Part 8 - ADVERTISING › Section R. 445.802 - Exempt communications; contents

Current through Vol. 24-12, July 15, 2024
Rule 802.
(1) A
				  notice, circular, or other communication which is published or transmitted only
				  after a registration or exemption pursuant to section 6(2)(a) or (b) of the act
				  need not be filed with the administrator if the franchise is effective and the
				  notice, circular, or communication contains only the statements required or
				  permitted to be included therein by the following provisions of this
				  rule.
(2) A communication shall
				  include, subject to the requirements of these rules, the following items of
				  information which need not follow the numerical sequence of this subrule:
(a) The name of the franchisor.
(b) An identification of the type of business
				  to be conducted by the franchisee.
(c) The total initial and deferred franchise
				  fee required to be made on a franchise purchase or, if the amount of the fee
				  varies, the method of its determination or the probable price range.
(d) The name and address of the sender of the
				  communication.
(e) The logotype or
				  symbol of the franchisor, if desired by the franchisor.
(f) A statement, in letters of not less than
				  8-point type, that:
"PURSUANT TO THE MICHIGAN FRANCHISE INVESTMENT LAW,
					 SALES MAY NOT BE MADE UNLESS A PROSPECTUS HAS BEEN DELIVERED 1 WEEK PRIOR TO
					 ENTERING INTO A FRANCHISE AGREEMENT OR PAYING CONSIDERATION."
(g) The correct legal name and address of the
				  individual or organization from whom an offering prospectus may be
				  obtained.
Michigan Administrative Code › Department - Attorney General › Consumer Protection and Charitable Trusts Division › Franchises › Part 8 - ADVERTISING › Section R. 445.803 - False, fraudulent, misleading, and deceptive advertising

Current through Vol. 24-12, July 15, 2024
Rule 803.
(1) The
				  following practices shall constitute, without limitation, false, fraudulent,
				  misleading, and deceptive advertising in connection with the offer or sale of a
				  franchise:
(a) Failure to disclose in any
				  communications media advertising the required total initial and deferred
				  franchise fee for the franchise, or misrepresent, in any way, the
				  fee.
(b) Misrepresentation of the
				  training or management assistance available to the franchisee. The failure to
				  disclose that little or none is provided, unless this requirement is waived by
				  the administrator, constitutes a misrepresentation.
(c) Misrepresentation or causing confusion or
				  misunderstanding regarding the source, sponsorship, approval, or certification
				  of franchised goods or services.
(d) Dissemination of an advertisement in a
				  language other than English without including therein the required disclosures
				  or limitations on the offer advertised in the language principally used in the
				  advertisement.
(e) Obtaining leads
				  to prospective franchisees by placing classified advertisements designated or
				  captioned "men wanted to train for . . . ," "help wanted," "employment,"
				  "business opportunities," or by words or terms of similar import, so as to
				  represent directly or by implication that employment is being offered when, in
				  fact, it is not.
(f) Designation or
				  reference to sale representatives as "registrars," "counselors," "advisors," or
				  words of similar import that misrepresent, in any manner, the titles,
				  qualifications, training, experience, or status of salesmen, agents, employees,
				  or other representatives.
(g)
				  Representation in an advertisement that a person receive goods or services
				  "free," "without charge," or any other term of similar import when the product
				  or service is not, in fact, free.
Michigan Administrative Code › Department - Attorney General › Consumer Protection and Charitable Trusts Division › Franchises › Part 8 - ADVERTISING › Section R. 445.804 - Modification and republication of advertisement

Current through Vol. 24-12, July 15, 2024
Rule 804. The administrator may, by order, require
					 modification of an advertisement deemed false, fraudulent, misleading, or
					 deceptive, and may require, prior to publication of a subsequent advertisement,
					 publication of an advertisement in all media previously used by the franchisor,
					 retracting the prior advertisement. A retraction, in language approved by the
					 administrator, shall be in an advertisement at least as large as that
					 originally used, and shall be as prominently displayed in the media as
					 previously advertised.
Michigan Administrative Code › Department - Attorney General › Financial Exploitation Prevention Act › Section R. 14.21 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 21. As used in these rules:
(a) "Act" means the financial exploitation
			 prevention act, 2020 PA 344, MCL 487.2081 to 487.2091.
(b) "County prosecutor" means the duly
			 elected or appointed county prosecutor, or the county prosecutor's
			 designee.
(c) Terms defined in the
			 act have the same meanings when used in these rules.
Michigan Administrative Code › Department - Attorney General › Financial Exploitation Prevention Act › Section R. 14.22 - Notification to county prosecutor by adult protective services; content

Current through Vol. 24-12, July 15, 2024
Rule 22. The notification to the county prosecutor by adult
				protective services must:
(a) Be
			 provided in writing.
(b) Be
			 provided on a form titled "FEPA Adult Protective Services or Law Enforcement
			 Notice to Prosecutor."
(c) Include
			 a written report prepared by an adult protective services employee with the
			 form.
(d) Include the name and
			 contact information for the adult protective services employee in charge of the
			 investigation.
(e) Include a copy
			 of the financial institution's report submitted to or committed to written form
			 by adult protective services.
(i) When the
			 report from the financial institution is committed to written form by an adult
			 protective services employee, the report from the financial institution may be
			 contained within the report prepared by the adult protective services, and need
			 not be submitted as an additional report.
Michigan Administrative Code › Department - Attorney General › Financial Exploitation Prevention Act › Section R. 14.23 - Notification to county prosecutor by law enforcement; content

Current through Vol. 24-12, July 15, 2024
Rule 23. The notification to the county prosecutor by law
				enforcement must:
(a) Be provided in
			 writing.
(b) Be provided on a form
			 titled "FEPA Adult Protective Services or Law Enforcement Notice to
			 Prosecutor."
(c) Include a written
			 report prepared by a law enforcement officer.
(d) Include the name of the law enforcement
			 agency and the name and contact information of the officer in charge of the
			 investigation.
(e) Include a copy
			 of the financial institution's report submitted to or committed to written form
			 by the law enforcement agency.
(f)
			 Include a description of the response to or actions taken by law enforcement
			 based on the report from the financial institution.
(g) Include names and contact information of
			 individuals that possess information about the alleged covered financial
			 exploitation within a written report prepared by a law enforcement
			 officer.
(h) Include a summary or
			 brief description of the alleged covered financial exploitation if not
			 contained in any report attached to the form titled "FEPA Adult Protective
			 Services or Law Enforcement Notice to Prosecutor."
Michigan Administrative Code › Department - Attorney General › Financial Exploitation Prevention Act › Section R. 14.24 - Notification to county prosecutor by financial institutions; content

Current through Vol. 24-12, July 15, 2024
Rule 24. The notification to the county prosecutor by a
				financial institution must:
(a) Be
			 provided in writing.
(b) Be
			 submitted on a form titled "FEPA Financial Institution Notice to Prosecutor."
			 Supporting documentation may be attached to the form by the financial
			 institution.
(c) Include a
			 description of efforts by the financial institution to contact law enforcement
			 or adult protective services, and an indication of whether any contact has been
			 made.
(d) Include a description of
			 whether any contact has previously been made with the county prosecutor's
			 office regarding this same matter.
(e) Indicate whether written notification was
			 received from law enforcement or adult protective services stating whether the
			 reported alleged covered financial exploitation is under investigation or has
			 been referred to law enforcement, within 10 business days after a financial
			 institution employee made a report of alleged covered financial exploitation to
			 law enforcement or adult protective services.
(f) Include the name and contact information
			 for the financial institution's designated contact for communication with the
			 county prosecutor, law enforcement, or adult protective services.
(g) Include the name and contact information
			 of the alleged perpetrator, if that information is known by the financial
			 institution making the report.
(h)
			 Include the name and contact information of the alleged victim, if known by the
			 financial institution making the report.
(i) Include a description of the relationship
			 between the alleged perpetrator and the victim, if known by the financial
			 institution making the report.
Michigan Administrative Code › Department - Attorney General › Financial Exploitation Prevention Act › Section R. 14.25 - Notification to county prosecutor; determining county of contact

Current through Vol. 24-12, July 15, 2024
Rule 25. The financial institution shall use the following
				sequential steps to determine the appropriate prosecutor to contact:
(a) Contact adult protective services or law
			 enforcement as follows:
(i) To contact adult
			 protective services, a financial institution shall call the 24-hour intake
			 telephone line maintained by the department of health and human services to
			 contact adult protective services to provide notification under the act. If
			 adult protective services develops other contact methods, utilizing those
			 contact methods complies with these rules.
(ii) To contact law enforcement, if the
			 victim's county of residence is known, the financial institution shall contact
			 law enforcement in the county of the victim's residence. If the victim's county
			 of residence is unknown, the financial institution shall contact law
			 enforcement in the county in which the alleged covered financial exploitation
			 was observed, or in the county where the financial institution is located if
			 the alleged covered financial exploitation took place in another state. The
			 financial institution may also contact law enforcement in the county in which
			 the alleged covered financial exploitation is observed, regardless of the
			 victim's county of residence, if the alleged covered financial exploitation is
			 actively taking place on-site at the financial institution.
(A) The financial institution shall contact
			 law enforcement by calling the central dispatch office in the county in which
			 law enforcement is to be notified, or by making a written report if the central
			 dispatch office has the capability to accept written reports as follows:
(1) The financial institution shall dial 911
			 to contact central dispatch if the matter is determined to be an emergency by
			 the financial institution, or if the alleged covered financial exploitation is
			 actively taking place on-site at the financial institution at the time the
			 contact is being made.
(2) If the
			 matter is determined not to be an emergency by the financial institution and is
			 not actively taking place on-site at the financial institution, the financial
			 institution shall call the non-emergency telephone number for central dispatch
			 or make a written report if the central dispatch office has the capability to
			 accept written reports. If central dispatch has the capability to accept
			 written reports, the financial institution may make the written report to
			 central dispatch by emailing, faxing, or hand-delivering a written
			 report.
Michigan Administrative Code › Department - Attorney General › Financial Exploitation Prevention Act › Section R. 14.26 - Notification to county prosecutor by adult protective services, law enforcement, and financial institutions; obtaining contact information

Current through Vol. 24-12, July 15, 2024
Rule 26. The contact information for the county prosecutor's
				office shall be obtained by adult protective services, law enforcement, and
				financial institutions by referencing an electronic directory compiled by the
				Prosecuting Attorneys Association of Michigan (PAAM) that is available on
				PAAM's website. This directory will include the name and contact information
				for the contact designated to receive notifications under the act at each
				county prosecutor's office, and the primary phone number for the county
				prosecutor's office. If unable to contact the specific employee listed in the
				directory, the financial institution should contact the office of the county
				prosecutor using the primary phone number for the office and request
				instruction for sending the written notification required under the
				act.
Michigan Administrative Code › Department - Attorney General › Financial Exploitation Prevention Act › Section R. 14.27 - Notification to county prosecutor adult protective services, law enforcement, and financial institutions; method of contact

Current through Vol. 24-12, July 15, 2024
Rule 27. The notifications under the act to the county
				prosecutor's office must be made as follows:
(a) Be in writing.
(b) Be made using the form referenced in
			 these rules.
(c) Be delivered to
			 the county prosecutor's office by email, fax, or by in-person delivery. If the
			 contact is made by email or by fax, the agency or financial institution making
			 the report shall request an acknowledgement of receipt.
(d) When notification is made to the county
			 prosecutor's office by a law enforcement agency, reports should be made by any
			 law enforcement agency that receives a copy of a notification of alleged
			 covered financial exploitation by a financial institution under the
			 act.
(e) When notification is made
			 to the county prosecutor's office by the financial institution, a copy of the
			 notification may, but is not required to be, sent by the financial institution
			 to the department of attorney general.
Michigan Administrative Code › Department - Attorney General › Financial Exploitation Prevention Act › Section R. 14.28 - Notification to county prosecutor by adult protective services or law enforcement; form

Current through Vol. 24-12, July 15, 2024
Rule 28. The purpose of this rule is to prescribe the form of
				the notification to the county prosecutor by adult protective services or law
				enforcement as required by the act.
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Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Organization, Practice, and Procedure › Section R. 37.1 - Civil rights within commission jurisdiction

Current through Vol. 24-12, July 15, 2024
Rule 1. The civil rights within the jurisdiction of the commission shall be those guaranteed by law and the constitution including, but not limited to, the areas of equal protection of the laws, employment, education, housing, and public accommodations. The jurisdiction of the commission shall not be limited to the processing of complaints.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Organization, Practice, and Procedure › Section R. 37.2 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 2. As used in these rules:
(a) "Certified complaint" means a complaint of discrimination, drafted by department staff on an official complaint form that is prepared after a preliminary determination of jurisdiction, and has the claimant's signature.
(b) "Chairperson" means the duly appointed or elected chairperson or a co-chairperson of the commission or, in the event of his or her or their absence, the acting chairperson designated by the remaining members of the commission.
(c) "Charge" means that document or pleading authorized by the department that initiates a contested case hearing under R 37.12.
(d) "Claimant" means any person who makes a complaint of discrimination to the department.
(e) "Commission" means the state civil rights commission created by section  29 of article V of the constitution.
(f) "Commissioner" means any member of the commission.
(g) "Complaint" means a communication from the claimant to the department that alleges discrimination as set forth in R 37.4.
(h) "Constitution" means the state constitution of 1963.
(i) "Day" means a calendar day, including a Saturday, Sunday, and state holiday.
(j) "Department" means the department of civil rights established by section  475 of the Executive organization act of 1965, 1965 PA 380, MCL  16.575.
(k) "Department investigator" means a member, agent, or employee of the department designated or delegated by the director to conduct an investigation.
(l) "Director" means the director of the department appointed by the commission.
(m) "Hearing commissioner" means a commissioner designated by the chairperson or the commission to conduct a hearing.
(n) "Hearing referee" means an agent of the commission designated or delegated by the chairperson or the director to conduct a hearing.
(o) "Party" or "parties" means the claimant or respondent, or both, and the commission or department, or both, where appropriate.
(p) "Person" means an individual, agent, association, corporation, joint apprenticeship committee, joint stock company, labor organization, legal representative, mutual company, partnership, receiver, trust, trustee, trustee in bankruptcy, unincorporated organization, this state, or a political subdivision or agency of this state, or another legal or commercial entity.
(q) "Respondent" means person against whom the claimant has complained, or against whom the department has issued a charge.
(r) "Summary of complaint" means a document prepared by department staff following an intake interview that explains why a certified complaint was not taken and outlines the timeline to request a reconsideration of that decision.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Organization, Practice, and Procedure › Section R. 37.3 - Commission; election and tenure of officers; quorum; voting

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) The commission, each January, shall elect from its members by a majority vote of the commission a chairperson or co-chairpersons and such other officers as the commission shall determine, who shall serve during the balance of the calendar year and until their successors have been duly elected and qualified.
(2) A majority of all members of the commission shall constitute a quorum. A majority of all the members shall be required to decide matters of a nonministerial nature, but a majority of a quorum may decide ministerial matters. A vacancy in the commission shall not impair the right of the remaining members to exercise all the powers of the commission.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Organization, Practice, and Procedure › Section R. 37.4 - Complaints

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) A person claiming to be aggrieved by unlawful discrimination may personally, or through counsel or other agent, submit a complaint to the department.
(2) A commissioner, director, or agent authorized by the commission or director, may initiate, make, sign, and file a complaint in the public's interest.
(3) Assistance in drafting and filing a complaint must be available without charge at all department offices.
(4) A certified complaint must be in writing, dated, and include all of the following:
(a) The full name and address of the claimant and his or her agent, if any.
(b) The full name and address of the respondent.
(c) The alleged discrimination and a detailed statement describing it.
(d) The date, dates, or range of dates of the alleged discrimination and whether the alleged discrimination is of a continuous nature.
(e) The claimant's signature.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Organization, Practice, and Procedure › Section R. 37.5 - Conciliation conference

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) The respondent may be invited, at any time, to participate in a conciliation conference in a final attempt to address and eliminate the alleged discrimination.
(2) The members of the commission and the department staff shall not disclose what has transpired at the conciliation conference.
(3) If the conciliation conference is successful, the department shall notify the parties of the resolution and close the case.
(4) If the conciliation conference fails, the department may do any of the following:
(a) Conduct additional investigation.
(b) Dismiss the certified complaint based on the investigation.
(c) Refer the case for final legal review with a recommendation for a charge and an administrative hearing.