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PRIA is a trademark of PRIA Technologies, LLC.

PRIA provides educational policy intelligence and is not a source of investment, legal, or financial advice. Content is for informational purposes only.

Michigan Statutes, Title 338

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Michigan/Statutes

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Title 338, PROFESSIONS AND OCCUPATIONS

77 chapters · 279 sections in this title.

All chapters in Title 338279 Ch 330-of-1968, PRIVATE SECURITY BUSINESS AND SECURI…41 Ch 403-of-2004, MICHIGAN UNARMED COMBAT REGULATORY ACT33 Ch 285-of-1965, PROFESSIONAL INVESTIGATOR LICENSURE ACT31 Ch 295-of-1972, FORENSIC POLYGRAPH EXAMINERS ACT29 Ch 152-of-1979, STATE LICENSE FEE ACT26 Ch 135-of-1986, ASBESTOS ABATEMENT CONTRACTORS LICEN…25 Ch 440-of-1988, ASBESTOS WORKERS ACCREDITATION ACT18 Ch 370-of-2010, MICHIGAN PROFESSIONAL EMPLOYER ORGAN…14 Ch 333-of-1976, ELEVATOR LICENSING10 Ch 161-of-2004, MICHIGAN IMMIGRATION CLERICAL ASSIST…8 Ch 236-of-1996, REGULATED OCCUPATION SUPPORT ENFORCE…7 Ch 381-of-1974, OCCUPATIONAL LICENSE FOR FORMER OFFE…7 Ch 580-of-2012, SECURITY ALARM SYSTEMS ACT7 Ch 70-of-2005, ON-LINE CONTINUING EDUCATION ACT5

25 sections·Filtered byTitle 338✕Ch 135-of-1986✕

Mich. Comp. Laws § 338.3101 Short title.
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Sec. 101. This act shall be known and may be cited as the "asbestos abatement contractors licensing act".
Mich. Comp. Laws § 338.3103 Definitions.
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Sec. 103. As used in this act: (a) "Administrative procedures act of 1969" means 1969 PA 306, MCL 24.201 to 24.328. (b) "Asbestos" means a group of naturally occurring minerals that separate into fibers, including chrysotile, amosite, crocidolite, anthophyllite, tremolite, and ac…
Mich. Comp. Laws § 338.3201 Asbestos abatement contractors licensing board; created; purpose; appointment, qualifications, and terms of members; vacancies; expenses.
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Sec. 201. (1) There is created an asbestos abatement contractors licensing board in the department, which shall assist the department in administering and carrying out the provisions of this act. The board shall consist of 7 members to be appointed by the governor with the advice…
Mich. Comp. Laws § 338.3203 Duties of board; special meetings; quorum; conducting business at public meeting; notice of meeting; availability of documents to public.
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Sec. 203. (1) The board shall do all of the following: (a) Organize and make rules governing the board's formal and informal procedures. (b) Meet not less than quarterly each year. (c) Keep a record of the proceedings and functions. (2) A special meeting of the board may be calle…

Mich. Comp. Laws § 338.3205 Additional duties of board.

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Sec. 205. The board shall do all of the following: (a) Make recommendations to the department concerning the denial, suspension, or revocation of licenses required pursuant to this act, and other enforcement matters under this act. (b) Upon request by the department, advise the d…

Mich. Comp. Laws § 338.3207 Asbestos abatement contractor; license required; exception.

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Sec. 207. (1) Except as otherwise provided in subsection (2), an asbestos abatement contractor shall not engage in any activity involving the demolition, renovation, or encapsulation of friable asbestos materials without first receiving a license from the department. (2) The lice…

Mich. Comp. Laws § 338.3209 Application for or renewal of license; requirements; fee.

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Sec. 209. (1) To apply for or renew a license, an asbestos abatement contractor shall do all of the following: (a) Submit a completed application to the department on forms provided by the department. The asbestos abatement contractor shall state on the application whether or not…

Mich. Comp. Laws § 338.3211 Acknowledging receipt of application; notice of deficiency; issuance of license or denial of application; time; statement in license; grounds for denial of application; failure to issue license within certain time period; report; return of fee; proceedings for denial of license; “completed application” defined.

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Sec. 211. (1) Within 15 working days after receiving a license application, the department shall acknowledge receipt of the application and notify the applicant in writing, or make the information electronically available, of any deficiency in the application. Receipt of the appl…

Mich. Comp. Laws § 338.3213 Terms and conditions of license.

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Sec. 213. In granting a license, the department may, following review by the director of the department, impose reasonable terms and conditions to ensure continuous compliance with the requirements of this act.

Mich. Comp. Laws § 338.3215 Revocation or suspension of license.

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Sec. 215. The department may revoke or suspend a license as provided under the administrative procedures act of 1969.

Mich. Comp. Laws § 338.3217 Duration of license; conditions to renewal.

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Sec. 217. (1) Unless the department revokes or suspends a license, the license shall remain in effect for 1 year from the date of issuance. (2) The department shall renew a license annually if the asbestos abatement contractor satisfies the following conditions: (a) Submits a com…

Mich. Comp. Laws § 338.3219 Responsibility for removal of asbestos.

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Sec. 219. If the contract does not provide for asbestos abatement, a construction contractor or construction subcontractor who contracts to provide an improvement to real property shall not be responsible to provide for the removal of asbestos discovered in the course of providin…

Mich. Comp. Laws § 338.3220 Asbestos abatement project; notice; fees; asbestos abatement fund; report; emergencies.

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Sec. 220. (1) An asbestos abatement contractor shall notify the department in writing of all of the following at least 10 days before beginning an asbestos abatement project exceeding 10 linear feet or 15 square feet, or both, of friable asbestos materials: (a) The name and addre…

Mich. Comp. Laws § 338.3221 Post abatement air monitoring check; maximum level of asbestos fibers.

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Sec. 221. (1) Except as provided by this subsection, a building or structure owner or lessee shall have a post abatement air monitoring check performed by a qualified neutral party completely independent of the asbestos abatement contractor at all asbestos abatement project sites…

Mich. Comp. Laws § 338.3301 Duties of department.

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Sec. 301. The department, with the advice of the board, shall do all of the following: (a) Administer this act. (b) Issue licenses. (c) Promulgate rules as may be necessary for the orderly conduct of its affairs in relation to this act and for the administration of this act pursu…

Mich. Comp. Laws § 338.3303 Receiving or initiating complaints of alleged violations.

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Sec. 303. The department shall receive or initiate complaints of alleged violations of this act or rules promulgated under this act and take action with respect to alleged violations or complaints as prescribed by this act.

Mich. Comp. Laws § 338.3305 Investigation; grounds for denying, suspending, or revoking license; applicability.

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Sec. 305. (1) The department, in its own discretion, upon a recommendation by the board, or upon the written complaint of an aggrieved party or of a state agency or political subdivision, may investigate the acts of an asbestos abatement contractor under this act. After an invest…

Mich. Comp. Laws § 338.3306 Issuance of subpoena by circuit court.

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Sec. 306. Upon application by the attorney general or a party to a contested case, the circuit court may issue a subpoena requiring a person to appear before a hearings examiner in the contested case or before the department in an investigation and be examined with reference to a…

Mich. Comp. Laws § 338.3307 Monetary civil penalties; issuance, contents, and delivery of citation.

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Sec. 307. (1) The department, upon recommendation by the board, shall promulgate pursuant to the administrative procedures act of 1969, a schedule of monetary civil penalties of not more than $10,000.00 for each violation or day that the violation continues which may be assessed …

Mich. Comp. Laws § 338.3309 Petition for administrative hearing; notice; attendance of employee representative; affirming, dismissing, or modifying citation; judicial review; finality, payment, and recovery of civil penalty; conduct of administrative hearings.

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Sec. 309. (1) Not later than 20 days after receipt of a citation issued pursuant to section 307, the alleged violator may petition the department for an administrative hearing which shall be held before the board or the board's designated representative within 30 days after recei…

Mich. Comp. Laws § 338.3311 Violation as misdemeanor; penalty; prosecution.

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Sec. 311. Notwithstanding the provisions of sections 307 and 309, any asbestos abatement contractor who engages in the trade or business of asbestos abatement without a license as provided for by this act or any person who violates this act or any rules promulgated under this act…

Mich. Comp. Laws § 338.3313 Application of other sanctions, penalties, or provisions not precluded.

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Sec. 313. The application of sanctions under this act shall not preclude the application of other sanctions, penalties, or provisions of any other federal, state, or political subdivision.

Mich. Comp. Laws § 338.3315 Annual report.

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Sec. 315. The department shall submit to the legislature and the governor an annual report on the status of the licensing of asbestos abatement contractors.

Mich. Comp. Laws § 338.3317 Effective date of licensing provisions.

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Sec. 317. The licensing provisions of this act shall take effect 3 months after the effective date of this act.

Mich. Comp. Laws § 338.3319 Conditional effective date.

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Sec. 319. This act shall not take effect unless Senate Bill No. 770 of the 83rd Legislature is enacted into law.