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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

29 sections·Filtered byTitle 338✕Ch 295-of-1972✕

Mich. Comp. Laws § 338.1701 Short title.
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Sec. 1. This act shall be known and may be cited as the "forensic polygraph examiners act".
Mich. Comp. Laws § 338.1702 Persons not exempted from act.
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Sec. 2. A person who purports to be able to detect deception, or verify truthfulness through instrumentation, or who purports to offer or have available such services, shall not be held exempt from the provisions of this act because of the terminology which he may use to refer to…
Mich. Comp. Laws § 338.1703 Definitions.
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Sec. 3. As used in this act: (a) "Person" means any natural person, firm, association, partnership, or corporation. (b) "Examiner" means any person, other than an intern, who does any of the following: (i) Purports to detect deception, verify truthfulness, or provide a diagnostic…
Mich. Comp. Laws § 338.1704 Minimum standards for instruments or devices.
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Sec. 4. A person shall not use, or attempt to use any instrument or device for the purpose of detecting deception, verifying truthfulness or assisting in the reporting of a diagnostic opinion as to either of these unless such instrument or device, as minimum standards, shall be c…

Mich. Comp. Laws § 338.1705 State board of forensic polygraph examiners; creation; appointment, terms, and qualifications of members; vacancy.

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Sec. 5. (1) The state board of forensic polygraph examiners is created within the department of state police and shall consist of 5 members appointed by the governor with the advice and consent of the senate for terms of 4 years, except the terms of office for members of the init…

Mich. Comp. Laws § 338.1706 State board of forensic polygraph examiners; election of officers; conducting business at public meeting; notice of meeting; additional meetings; examinations for examiner's licenses; quorum; majority vote required; expenses; annual report; availability of report and other writings to public.

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Sec. 6. (1) The board shall meet not more than 30 days after it is constituted and elect from its members a chairperson, vice-chairperson and from its members, or otherwise, a secretary. The business which the board may perform shall be conducted at a public meeting of the board …

Mich. Comp. Laws § 338.1707 Rules; filing of applications; collection and disposition of fees; order as prima facie proof; appropriation of funds.

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Sec. 7. (1) The department shall promulgate rules consistent with the provisions of this act for the dissemination, retention and destruction of polygraph results to protect the general public for the administration and enforcement of this act pursuant to the administrative proce…

Mich. Comp. Laws § 338.1708 Activities requiring license.

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Sec. 8. A person, including city, county or state employees, shall not use or attempt to use any instrumentation or mechanical device for the purpose of detecting deception, verifying truthfulness or reporting a diagnostic opinion regarding either of these; purport to detect dece…

Mich. Comp. Laws § 338.1709 Examiner's license; issuance without examination; conditions and qualifications.

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Sec. 9. A person upon application to the board dated within 1 year after the effective date of this act, and upon payment of the required license fee, shall be issued an examiner's license hereunder, without examination, if he satisfies the registration requirements established b…

Mich. Comp. Laws § 338.1710 Examiner's license; qualifications.

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Sec. 10. (1) Upon application and payment of the required fee, a person fulfilling the following is qualified to receive a license as an examiner: (a) Is at least 18 years of age. (b) Is a citizen of the United States. (c) Has not been under sentence for the commission of a felon…

Mich. Comp. Laws § 338.1711 Intern's license; qualifications.

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Sec. 11. A person is qualified to receive a license as an intern who satisfies the board that he is engaging in an approved internship training program and that he substantially fulfills the basic requirements of this act for licensing as an examiner. The applicant shall not be r…

Mich. Comp. Laws § 338.1712 Temporary examiner's license; qualifications.

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Sec. 12. A person is entitled to receive a temporary examiner's license who fulfills the requirements of the board for such licensing and who satisfies the board that he is either 1 of the following: (a) That he qualifies under section 9. (b) That he does not meet the residence r…

Mich. Comp. Laws § 338.1713 Irrevocable consent by nonresident applicant to service of process.

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Sec. 13. A nonresident applicant for an intern's license or a temporary examiner's license shall file an irrevocable consent that actions against the applicant may be filed in any appropriate court in any county of this state in which the plaintiff resides or in which some part o…

Mich. Comp. Laws § 338.1714 Reciprocity.

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Sec. 14. An applicant who is an examiner, licensed under the laws of another state or territory of the United States, may be issued appropriate license without examination by the board upon payment of the required fee and the production of satisfactory proof: (a) That the require…

Mich. Comp. Laws § 338.1715 Fees; receipt of completed application; time period for issuance of license; report; “completed application” defined.

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Sec. 15. (1) The fees to accompany applications under this act are as follows: (a) Private examiner's license, original, $100.00; renewal, $50.00. (b) Public examiner's license, original, $25.00; renewal, $25.00. (c) Temporary examiner's license, original and renewal: (i) Residen…

Mich. Comp. Laws § 338.1716 Duration of licenses.

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Sec. 16. Licenses shall be issued for terms as follows: (a) Temporary examiner's licenses issued to applicants who qualify under section 9 and examiner's licenses shall be issued for the term of 1 calendar year, or such portion thereof as remains at the time issued. Each license …

Mich. Comp. Laws § 338.1717 Specific requirements as to licenses.

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Sec. 17. The board shall establish requirements for the form, issuance, display, change of address notification, surrender and evidence of licenses.

Mich. Comp. Laws § 338.1718 Renewal of examiner's license.

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Sec. 18. The license of an examiner which has not been revoked or is not suspended shall be renewed annually upon application and payment of the required fee by the examiner.

Mich. Comp. Laws § 338.1719 Refusal to issue or suspension or revocation of license; grounds.

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Sec. 19. The board may refuse to issue a license, or may suspend or revoke a license on 1 or more of the following grounds, if the holder or applicant for a license has: (a) Made a material misstatement in the application for a license or in the application for a renewal license.…

Mich. Comp. Laws § 338.1720 Investigating actions of applicant or licensee; motion or complaint; notice or charges; service of notice; hearing; evidence; continuance; location of hearing; closed hearing; request for public hearing.

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Sec. 20. The board upon its own motion and, upon the verified complaint in writing of a person setting forth facts which, if proved, would constitute grounds for denial, suspension, or revocation of a license under this act, shall investigate the actions of an applicant or a pers…

Mich. Comp. Laws § 338.1721 Surrender or seizure of license.

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Sec. 21. Upon the revocation or suspension of a license, the licensee shall surrender the license to the board and if the licensee fails to do so, the board may seize it.

Mich. Comp. Laws § 338.1722 Reinstatement of license.

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Sec. 22. Any time after suspension or revocation of a license, it may be reinstated at the discretion of the board, upon application and payment of the required fee.

Mich. Comp. Laws § 338.1723 Transcripts and records of proceedings before board; motion for rehearing.

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Sec. 23. (1) The board shall provide for the transcribing and recording of all proceedings before the board and shall furnish a transcript of the record to any party affected by the proceedings upon payment of the costs for the transcript. (2) In any case involving the denial, su…

Mich. Comp. Laws § 338.1724 Review.

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Sec. 24. A person affected by a final administrative decision of the board may have such decision reviewed in accordance with the provisions of law.

Mich. Comp. Laws § 338.1725 Witnesses; documents.

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Sec. 25. A circuit judge upon application of the board or of the person against whom proceedings under sections 4, 7, 8, 17 or 19 are pending, may enter an order requiring the attendance of witnesses and their testimony and the production of documents, papers, files, books and re…

Mich. Comp. Laws § 338.1726a Administration of test by examiner or intern in violation of polygraph protection act of 1981; misdemeanor; penalty; liability to employee or applicant.

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Sec. 26a. (1) An examiner or intern shall not administer a polygraph examination, lie detector test, psychological stress evaluation, or similar test to an employee or applicant for employment that violates the polygraph protection act of 1981. (2) An examiner or intern who viola…

Mich. Comp. Laws § 338.1727 Injunction.

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Sec. 27. If any person violates the provisions of this act, the board, in the name of the people of the state, through the attorney general, may apply to a court of competent jurisdiction for an order enjoining the violation or for an order enforcing compliance with this act. Upo…

Mich. Comp. Laws § 338.1728 Unlawful disclosures; exceptions.

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Sec. 28. (1) Any person who is or has been an employee of a licensed examiner shall not divulge to anyone other than his employer or former employer, or as the employer shall direct, except as he may be required by law, any information acquired by him during his employment in res…

Mich. Comp. Laws § 338.1729 Violations; penalties.

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Sec. 29. (1) Except as provided in subsections (2) and (3), a person violating this act or falsely stating or representing that he or she is or has been an examiner or intern is guilty of a misdemeanor. (2) A member of the board who intentionally violates section 6(1) shall be su…