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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

279 sections·Filtered byTitle 338✕

Mich. Comp. Laws § 338.836 Display of unauthorized badge, shield, identification card, or license; violation; penalties.
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Sec. 16. (1) A person shall not possess or display a badge or shield that purports to indicate that the holder is a private detective, private investigator, or professional investigator. (2) A licensee may request authorization to provide employee identification cards only upon t…
Mich. Comp. Laws § 338.837 Licensees; employment of assistants; records; false statements; fingerprints.
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Sec. 17. (1) A licensee may employ as many persons as considered necessary to assist in his or her work of professional investigator and in the conduct of the business. At all times during the employment, the licensee shall have direct involvement in the day-to-day activities and…
Mich. Comp. Laws § 338.838 Hiring of person convicted of certain felonies or misdemeanors prohibited; refusal to surrender license or identification card.
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Sec. 18. (1) A licensee shall not knowingly employ any person who has been convicted of a felony, or convicted of a misdemeanor within the preceding 8 years involving any of the following: (a) Dishonesty or fraud. (b) Unauthorized divulging or selling of information or evidence. …
Mich. Comp. Laws § 338.839 Carrying deadly weapon; license required.

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Sec. 19. Any person licensed as a professional investigator, or in the employ of a professional investigator agency, is not authorized to carry a deadly weapon unless he is so licensed in accordance with the present laws of this state.

Mich. Comp. Laws § 338.840 Divulging of information; willful sale of or furnishing false information; penalty; privileged communications; notice and hearing.

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Sec. 20. (1) Any person who is or has been an employee of a licensee shall not divulge to anyone other than his or her employer or former employer, or as the employer shall direct, except as he or she may be required by law, any information acquired by him or her during his or he…

Mich. Comp. Laws § 338.841 Violation of act; report of conviction by prosecuting attorney.

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Sec. 21. The prosecuting attorney of the county in which any conviction for a violation of any provision of this act shall, within 10 days thereafter, make and file with the department a report showing the date of the conviction, the name of the person convicted, and the nature o…

Mich. Comp. Laws § 338.842 Advertising; contents; discontinuing misleading advertising; notice.

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Sec. 22. (1) An advertisement by a licensee soliciting or advertising for business shall contain his or her name and address as they appear in the records of the department. (2) A licensee shall, on notice from the department, discontinue any advertising or the use of any adverti…

Mich. Comp. Laws § 338.843 Trade names; approval by department.

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Sec. 23. A licensee shall not use any designation or trade name which has not been first approved by the department and shall not use any designation or trade name that implies any association with any municipal, county, township, or state government or the federal government, or…

Mich. Comp. Laws § 338.844 Record of business transaction and reports; retention.

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Sec. 24. (1) Each person, partnership, firm, company, limited liability company, or corporation licensed and operating under this act shall make a complete written record of the business transactions and reports made in connection with the operation of the agency. (2) A professio…

Mich. Comp. Laws § 338.845 Investigation of applicants; complaints; subpoenas; fees; failure to obey; penalty; testimony under oath.

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Sec. 25. (1) For the purpose of investigating the character, competency, and integrity of the applicants, or for the purpose of investigating complaints made against the licensee, the director of the department may issue subpoenas and compel the attendance of witnesses. All subpo…

Mich. Comp. Laws § 338.846 License; renewal; fee; bond.

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Sec. 26. (1) A license granted under this act may be renewed upon application and the payment of a renewal fee of $300.00, unless reduced under section 9(5), and filing of a renewal surety bond or liability insurance policy in the amount equivalent to that specified in section 9.…

Mich. Comp. Laws § 338.847 Death of licensee; carrying on business; notice to department; sale of business.

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Sec. 27. (1) Upon the death of a licensee, the business of the decedent may be carried on for a period of 90 days by any of the following: (a) In the case of an individual licensee, the surviving spouse, or if there is none, the personal representative of the estate of the decede…

Mich. Comp. Laws § 338.848 Employment of agents; rules.

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Sec. 28. (1) The department may employ such agents as are necessary to carry out and to enforce this act. (2) The department may promulgate rules to enforce and administer this act pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

Mich. Comp. Laws § 338.849 Application of act as to license applications and renewals.

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Sec. 29. The requirements of this act as to license applications shall apply to all professional investigators, except those who already have been granted a license under prior laws of this state. The requirements as to renewal of license certificates shall apply to all professio…

Mich. Comp. Laws § 338.850 Repeals.

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Sec. 30. Act No. 383 of the Public Acts of 1927, as amended, being sections 338.801 to 338.813 of the Compiled Laws of 1948, is repealed.

Mich. Comp. Laws § 338.851 Violation; penalty.

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Sec. 31. A licensee, manager, or employee of a licensee who violates this act or a rule promulgated under this act is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or by a fine of not more than $500.00, or both.

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…

Mich. Comp. Laws § 338.31 Sale or conveyance of medical or dental practice; notice to state board.

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Sec. 1. Any person who sells, purchases or assumes the practice of any person licensed to practice medicine or dentistry in this state from the individual or his estate shall notify, within 10 days of sale, purchase or assumption, the state board which licensed or registered the …

Mich. Comp. Laws § 338.32 Violation of act; misdemeanor.

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Sec. 2. Any person violating any provisions of this act shall be deemed to be guilty of a misdemeanor.

Mich. Comp. Laws § 338.1051 Short title.

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Sec. 1. This act shall be known and may be cited as the "private security business and security alarm act".

Mich. Comp. Laws § 338.1052 Definitions; persons not subject to act.

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Sec. 2. (1) As used in this act: (a) "Commission" means the commission on law enforcement standards created under section 3 of the commission on law enforcement standards act, 1965 PA 203, MCL 28.603. (b) "Department" means the department of licensing and regulatory affairs, exce…

Mich. Comp. Laws § 338.1053 License required; permission for device delivering recorded message to public service, utility, or police agency required; violation; penalty.

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Sec. 3. (1) Unless licensed under this act, a sole proprietorship, firm, company, partnership, limited liability company, or corporation shall not engage in the business of security alarm system contractor, private security guard, private security police, private college security…