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Michigan Statutes, Title 339

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Michigan/Statutes

← All Michigan coverage

Title 339, OCCUPATIONAL CODE

4 chapters · 447 sections in this title.

All chapters in Title 339447 Ch 299-of-1980, OCCUPATIONAL CODE290 Ch 407-of-2016, SKILLED TRADES REGULATION ACT155 Ch E.R.O. No. 2017-1, EXECUTIVE REORGANIZATION ORDER1 Ch E.R.O. No. 2009-23, EXECUTIVE REORGANIZATION ORDER1

155 sections·Filtered byTitle 339✕Ch 407-of-2016✕

Mich. Comp. Laws § 339.5101 Short title.
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Sec. 101. This act shall be known and may be cited as the "skilled trades regulation act".
Mich. Comp. Laws § 339.5103 Definitions; A to D.
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Sec. 103. As used in this act: (a) "Administrative procedures act of 1969" means the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. (b) "Armed forces" means the United States Army, Air Force, Navy, Marine Corps, Space Force, or Coast Guard or other mili…
Mich. Comp. Laws § 339.5105 Definitions; E to L.
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Sec. 105. As used in this act: (a) "Enforcing agency" means that term as defined in section 2a of the Stille-DeRossett-Hale single state construction code act, MCL 125.1502a. (b) "Formal complaint" means a document that states the charges of each alleged violation and is prepared…
Mich. Comp. Laws § 339.5107 Definitions; M to V.
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Sec. 107. As used in this act: (a) "Michigan building code" means part 4 of the state construction code, R 408.30401 to R 408.30499 of the Michigan Administrative Code. (b) "Michigan electrical code" means part 8 of the state construction code, R 408.30801 to R 408.30873 of the M…

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Mich. Comp. Laws § 339.5109 License, registration, or certification issued under former act; board created under former act; rules promulgated under former act; proceedings pending under authority of former act; reference to former act.

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Sec. 109. (1) A person that holds a license, registration, or certification issued under a former act on the day immediately preceding the effective date of this act is considered licensed, registered, or certified under this act until that license, registration, or certification…

Mich. Comp. Laws § 339.5201 License; application; form; fees; requirements for issuance of license; expiration date; proof of licensure and government-issued photo identification; definitions.

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Sec. 201. (1) A person shall apply for a license under this act on an application form provided by the department and must include with the application the appropriate fees established by rules promulgated by the department under section 207. Subject to the exceptions described i…

Mich. Comp. Laws § 339.5202 Preliminary determination; procedure; effect.

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Sec. 202. (1) The department shall establish a procedure that allows an individual to obtain a preliminary determination from the department concerning whether any court judgments against him or her would likely result in a denial of a license or registration for failing to meet …

Mich. Comp. Laws § 339.5203 License; issuance upon demonstration of unfair and inadequate requirements; fees; license with limitation; notice; approval or disapproval; review.

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Sec. 203. (1) The department may issue a license to an individual under a specific article of this act if the individual demonstrates to the satisfaction of the department and a board, in the manner required under article 5, that the licensure requirements do not constitute a fai…

Mich. Comp. Laws § 339.5205 Renewal; issuance; demonstration of unfair and inadequate requirements; fees; issuance with limitation; notice; approval or disapproval; responsibility for renewal.

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Sec. 205. (1) Unless otherwise provided in this act and subject to the limitations set forth in this section, the department shall renew the license of a person that fulfills all of the following requirements: (a) Has applied to the department on a form provided by the department…

Mich. Comp. Laws § 339.5207 Rules.

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Sec. 207. (1) The department, in consultation with the appropriate board, shall promulgate any rules it considers necessary and appropriate to implement and administer articles 1 to 6 and to enable the department to fulfill its responsibilities under this act. (2) The department,…

Mich. Comp. Laws § 339.5209 Examination or test; review and approval of form and content; administering, scoring, and monitoring; providing equipment, examination room, form, and other items; agreement.

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Sec. 209. (1) Before an examination or other test required under this act is administered and except as otherwise provided in this act, the department and the appropriate board, acting jointly, shall review and approve the form and content of the examination or other test. The ex…

Mich. Comp. Laws § 339.5211 Files of board; control and physical possession by department.

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Sec. 211. The department shall have control over and physical possession of the board files of each board. The department shall ensure that applicable laws concerning public access to the board files are met.

Mich. Comp. Laws § 339.5213 Office services; administrative and secretarial staff, clerks, and employees; powers of department.

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Sec. 213. (1) The department shall furnish office services to each board and perform managerial, administrative, and budgetary functions for each board. (2) The department shall appoint administrative and secretarial staff, clerks, and employees necessary for the proper exercise …

Mich. Comp. Laws § 339.5215 Orientation program for board member.

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Sec. 215. The department shall provide a comprehensive orientation program for each individual who is appointed and confirmed as a member of a board.

Mich. Comp. Laws § 339.5217 Annual report.

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Sec. 217. The department shall prepare and publish an annual report describing the activities of the department and each board. The annual report shall be filed with the governor and the legislature.

Mich. Comp. Laws § 339.5219 Temporary license; validity.

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Sec. 219. (1) The department may grant a nonrenewable temporary license to an individual who is applying for licensure under a specific article of this act if the individual meets both of the following: (a) He or she provides proof acceptable to the department that he or she hold…

Mich. Comp. Laws § 339.5221 Records unavailable from foreign country; examination or application for reciprocal license; required documents.

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Sec. 221. If the records of an applicant for licensure under this act related to the education or experience required under a specific article of this act are unavailable from a foreign country, the applicant may, with the approval of the board and the department, take an examina…

Mich. Comp. Laws § 339.5223 Licensure or registration without examination; member of armed forces, veteran, and dependent of a member or veteran; requirements.

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Sec. 223. (1) The department shall issue a license or a certificate of registration for an occupation under this act without examination to an individual who demonstrates to the satisfaction of the department that he or she meets all of the following at the time of application: (…

Mich. Comp. Laws § 339.5301 Board; composition; membership; qualifications.

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Sec. 301. Unless otherwise provided in a specific article of this act, all of the following apply to a board: (a) A board shall consist of 9 voting members, as follows: (i) Six of the members of a board shall be individuals who have a license or registration in the occupation or …

Mich. Comp. Laws § 339.5303 Board; appointment and nominations.

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Sec. 303. Unless otherwise provided in a specific article of this act, each of the following applies to the appointment of board members: (a) The governor shall appoint an individual as a member of a board with the advice and consent of the senate, including an individual appoint…

Mich. Comp. Laws § 339.5305 Board; terms; vacancy; removal.

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Sec. 305. Unless otherwise provided in a specific article of this act, all of the following apply to the members of a board: (a) Except for a member described in subdivision (b), the term of a member who is appointed to a board is 4 years. (b) An individual who is appointed to fi…

Mich. Comp. Laws § 339.5307 Board; commencement of term.

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Sec. 307. The term of office of a member of a board shall commence on July 31 of the year he or she is appointed to the board.

Mich. Comp. Laws § 339.5309 Board; compensation and expenses.

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Sec. 309. Annually, the legislature shall fix the per diem compensation of a member of a board. Travel or other expenses incurred by a member of a board in the performance of an official function is payable by the department under the standardized travel regulations of the depart…

Mich. Comp. Laws § 339.5311 Board; meetings.

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Sec. 311. Unless otherwise provided in a specific article of this act, all of the following apply to the meetings of a board: (a) A board shall meet as often as necessary to fulfill its duties under this act, but shall meet at least 2 times a year and at other dates set by the di…

Mich. Comp. Laws § 339.5313 Board; operation.

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Sec. 313. Unless otherwise provided in a specific article of this act, all of the following apply to the operation of a board: (a) Annually a board shall elect a chairperson, a vice-chairperson, and any other officers the board determines are necessary. A board may fill a vacancy…

Mich. Comp. Laws § 339.5315 Board; creation or continuation within department; duties; attendance of member at informal conference; assistance to department.

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Sec. 315. (1) Each board created or continued under this act is created or continued within the department. (2) A board's duties shall include the interpretation of a licensure or permit requirement of a specific article of this act, and, if necessary, the furnishing of aid in an…

Mich. Comp. Laws § 339.5317 Hearing; assessment of penalty.

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Sec. 317. After completion of a hearing conducted under section 519, a board shall assess a penalty or penalties under article 6.

Mich. Comp. Laws § 339.5319 Board; aiding department in interpreting license or permit requirement.

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Sec. 319. A board shall aid the department in interpreting a licensure or permit requirement described in this act that is incomplete or subjective in nature to determine whether the person seeking a license or permit or a renewal has met the requirements for the issuance or rene…

Mich. Comp. Laws § 339.5321 Development of examination or test; adoption of test prepared by another agency; consideration of material in closed session.

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Sec. 321. (1) Unless otherwise provided in a specific article of this act, a board and the department shall develop an examination or test required in a specific article. The board and the department in developing an examination or test may adopt an examination or test prepared b…

Mich. Comp. Laws § 339.5323 Files of abolished board; surrender to department; use of personnel, office space, and items or equipment by successor board.

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Sec. 323. (1) A board abolished under this act shall surrender control over and physical possession of any board files to the department. (2) The successor board, until the department determines otherwise, shall utilize the personnel, office space, and items or equipment that wer…

Mich. Comp. Laws § 339.5401 Fees; establishment of specific amounts charged for licenses, permits, and activities; license verification

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Sec. 401. (1) Unless the amount of a fee is established under a specific article of this act, the department by rule shall establish the specific amounts of the fees charged for licenses, permits, and other activities under this act. (2) If the department receives a written reque…

Mich. Comp. Laws § 339.5403 Person having contract with department or providing direct services to applicant or licensee; collection of fees; termination of contract with person administering licensing examination; limitation on fee charged by department.

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Sec. 403. (1) This act does not prohibit a person that has a contract with the department, or any other person that provides direct services to an applicant or licensee, from collecting fees authorized under this act directly from that applicant or licensee. (2) If the department…

Mich. Comp. Laws § 339.5405 Nonrefundable application processing fee.

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Sec. 405. An applicant must include a nonrefundable application processing fee with an application for a license. The department may also require that applicant include with the application any fee required for an examination or inspection or the fee for the initial license perio…

Mich. Comp. Laws § 339.5407 Examination fee; forfeiture; reexamination; publication of examination deadline.

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Sec. 407. (1) An individual who is required to take an examination shall pay an examination fee before being scheduled for an examination. (2) An individual who is scheduled for examination or reexamination and who fails to appear shall forfeit the examination fee. (3) An individ…

Mich. Comp. Laws § 339.5409 Payment of fee as condition to issuance of license; establishment of fees on per year basis.

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Sec. 409. (1) Except as otherwise provided in section 411, the department shall not issue a license to a person that has completed the requirements for a license or that seeks to renew a license until the person has paid the license fee. (2) The department shall establish license…

Mich. Comp. Laws § 339.5411 Failure to renew license; prohibited practice; lapse; late renewal fee; relicensure; conditions; individual on active duty in armed forces; temporary exemption.

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Sec. 411. (1) A person that fails to renew a license on or before the expiration date of the license shall not practice the occupation, operate, or use the title of that occupation after that date. A license shall lapse on the day after the expiration date. (2) A person that fail…

Mich. Comp. Laws § 339.5413 Electronic continuing education tracking system; agreement.

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Sec. 413. (1) The department may enter into an agreement with an entity that is not an agency of a state or the federal government to provide an electronic continuing education tracking system that provides an electronic record of the continuing education courses, classes, or pro…

Mich. Comp. Laws § 339.5415 Licensure, renewal, or relicensure; payment of fees and fines as condition; lien on real property.

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Sec. 415. (1) It is a condition of licensure, renewal, or relicensure that all fees and fines owed to the department are paid. (2) It is a condition to obtaining a permit that all fees and fines owed to the department are paid, including, but not limited to, current and previous …

Mich. Comp. Laws § 339.5417 Fee; waiver.

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Sec. 417. The department shall waive the fee for an initial license or initial registration that is otherwise required under this act, or an application processing fee charged by the department for an initial license or initial registration, if the applicant meets 1 of the follow…

Mich. Comp. Laws § 339.5419 Fees, money, and income received by department; disposition.

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Sec. 419. All fees and money received by the department for the licensing of persons under this act, and any other income the department receives under this act, shall be paid into the state construction code fund created in section 22 of the Stille-DeRossett-Hale single state co…

Mich. Comp. Laws § 339.5501 Complaint; submission.

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Sec. 501. A complaint that alleges that a person has violated this act or a rule promulgated or an order issued under this act shall be submitted to the department. The department of attorney general, the department, a board, or any other person may file a complaint.

Mich. Comp. Laws § 339.5503 Complaint; investigation of allegations; correspondence file; acknowledgment; complaint made by department.

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Sec. 503. If it receives a complaint, the department shall immediately begin an investigation of the allegations of the complaint and shall open a correspondence file. Within 15 days after it receives a complaint, the department shall make a written acknowledgment of the complain…

Mich. Comp. Laws § 339.5505 Investigation; petition to issue subpoena.

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Sec. 505. The department shall conduct the investigation required under section 503. In furtherance of that investigation, the department may request that the attorney general petition a circuit court of this state to issue a subpoena that requires a person to appear before the d…

Mich. Comp. Laws § 339.5507 Investigation; report; closing of complaint; action.

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Sec. 507. (1) The investigative unit of the department, within 30 days after the department receives the complaint, shall report to the director on the results of the investigation. If, for good cause shown, an investigation cannot be completed within 30 days, the director may ex…

Mich. Comp. Laws § 339.5509 Summary suspension of license; order; affidavit; administrative proceedings; petition to dissolve order; hearing; granting request; exception; record.

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Sec. 509. (1) After an investigation is conducted, the department may issue an order summarily suspending a license issued under this act based on an affidavit by an individual who is familiar with the facts set forth in the affidavit, or, if appropriate, based on an affidavit ma…

Mich. Comp. Laws § 339.5511 Order to cease and desist; hearing; action to restrain and enjoin.

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Sec. 511. (1) After an investigation is conducted, the director may order a person to cease and desist from a violation of this act or a rule promulgated or an order issued under this act. (2) A person that is ordered to cease and desist under subsection (1) is entitled to a hear…

Mich. Comp. Laws § 339.5513 Summary suspension order, cease and desist order, or injunctive relief; addition to other action.

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Sec. 513. A summary suspension order, cease and desist order, or injunctive relief issued or granted in relation to a license or permit issued under this act is in addition to and not in place of an informal conference under section 515(3); criminal prosecution; or proceeding to …

Mich. Comp. Laws § 339.5515 Formal complaint and notice; service; alternatives; informal conference; settlement; contested case hearing.

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Sec. 515. (1) After an investigation is conducted and a formal complaint is prepared, the department shall serve the formal complaint on the respondent and the complainant. At the same time, the department shall serve the respondent with a notice that describes the compliance con…

Mich. Comp. Laws § 339.5517 Showing compliance with act, rule, or order in contested case hearing.

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Sec. 517. This act does not prevent a person against which a complaint is filed from showing compliance with this act, or a rule promulgated or an order issued under this act, in a contested case hearing.

Mich. Comp. Laws § 339.5519 Hearing.

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Sec. 519. If an informal conference under section 515(3) is not held or does not result in a resolution of a complaint, the department shall hold a hearing as authorized under section 92 of the administrative procedures act of 1969, MCL 24.292. A member of a board may attend a he…