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Michigan Statutes, Title 339

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Michigan/Statutes

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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

447 sections·Filtered byTitle 339✕

Mich. Comp. Laws § 339.2011 Construction of public work involving architecture or professional engineering; requirements; exception.
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Sec. 2011. (1) Except as otherwise provided in subsection (2), the state or a county, city, township, village, school district, or other political subdivision of this state shall not engage in the construction of a public work involving the practice of architecture or professiona…
Mich. Comp. Laws § 339.2012 Persons exempted.
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Sec. 2012. (1) The following persons are exempt from the requirements of this article: (a) A professional engineer employed by a railroad or other interstate corporation, whose employment and practice is confined to the property of the corporation. (b) A designer of a manufacture…
Mich. Comp. Laws § 339.2013 Issuing license to person holding certificate of qualification or registration of another state or national council; equivalency; temporary license prohibited; review of application of individual seeking relicensure or reinstatement.
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Sec. 2013. (1) The department, upon application, shall issue a license to a person who holds an appropriate certificate of qualification or registration issued by proper authority of a board of registration examiners of another state or national council acceptable to the departme…
Prohibited conduct; penalties.

Showing 101–150 of 447

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Mich. Comp. Laws § 339.2014

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Sec. 2014. A person is subject to the penalties set forth in article 6 who commits 1 of the following: (a) Uses the term "architect", "professional engineer", "land surveyor", "professional surveyor", or a similar term in connection with the person's name unless the person is lic…

Mich. Comp. Laws § 339.202 Licensure or registration; application; form; fees; requirements for issuance of license or registration; expiration date.

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Sec. 202. (1) An application for licensure or registration shall be made on a form provided by the department and accompanied by the appropriate fees prescribed in article 4. Except as otherwise provided in this act, the department shall issue a license or registration to a perso…

Mich. Comp. Laws § 339.202a Preliminary determination; procedure; effect.

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Sec. 202a. (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 § 339.203 License or registration; issuance upon demonstration of unfair or inadequate requirements; review; fees; limitation; notice; approval or disapproval; practice by person licensed, registered, or certified under repealed act.

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Sec. 203. (1) The department may issue a license or registration to a person pursuant to a specific article, if the person demonstrates to the satisfaction of the department and a board that the licensure or registration requirements do not constitute a fair and adequate measure …

Mich. Comp. Laws § 339.204 License or registration; renewal; requirements; evidence of attendance in continuing education program; waiver; imposition of limitation; review; renewal as responsibility of licensee or registrant; renewal application; failure to notify department of change of address; delivery or service of notice or communication by electronic mail.

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Sec. 204. (1) Unless otherwise provided in this act and subject to the limitations under this section, the department shall renew the license or registration of a person that does all of the following: (a) Applies to the department on a form provided by the department for renewal…

Mich. Comp. Laws § 339.205 Promulgation of rules.

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Sec. 205. The department shall promulgate rules to implement articles 1 to 6 and rules which are necessary and appropriate to enable the department to fulfill its role under this act.

Mich. Comp. Laws § 339.206 Examination or test; review and approval of form and content; administration, scoring, and monitoring; providing equipment, examination room, written form, and other items; delegation of duties.

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Sec. 206. (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 § 339.207 Licensing or approval of school, institution, or other person offering training or education; approval or recognition of continuing education program; processing request within certain period of time; recommendation by board; request.

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Sec. 207. (1) If provided in an article, the department may issue a license to, or grant approval to, a school, institution, or other person offering training or education in an occupation. (2) If provided in an article, the department may grant approval or recognition to a progr…

Mich. Comp. Laws § 339.208 Files of board; physical dominion; public access.

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Sec. 208. The department shall have physical dominion over the files of each board. The department shall ensure that applicable laws concerning public access to the files are met.

Mich. Comp. Laws § 339.209 Office services; administrative and secretarial staff, clerks, and employees.

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Sec. 209. (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 § 339.210 Contracting with persons or agencies to implement act and fulfill responsibilities of department or board; electronic continuing education tracking system; agreement; provisions; rules.

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Sec. 210. (1) The department, on its own behalf and on behalf of a board created under this act, may contract with persons or agencies who are not employees or agencies of the department to implement this act and to fulfill the responsibilities of the department or a board. (2) U…

Mich. Comp. Laws § 339.211 Orientation program for board members.

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Sec. 211. The department shall provide a comprehensive orientation program for each individual appointed and confirmed as a member of a board.

Mich. Comp. Laws § 339.212 Annual report.

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Sec. 212. The department shall prepare and publish an annual report describing the activities of the department and each agency created pursuant to this act. The annual report shall be filed with the governor and the legislature.

Mich. Comp. Laws § 339.213 Temporary license or certificate of registration; nonrenewable; validity; applicant married to member of armed forces; limitation.

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Sec. 213. (1) If a person has not previously been denied a license or a certificate of registration or had a license or a certificate of registration revoked or suspended, the department may grant a nonrenewable temporary license or certificate of registration to an applicant for…

Mich. Comp. Laws § 339.214 Applicant whose records unavailable from foreign country; examination; reciprocal license.

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Sec. 214. An applicant for licensure or registration pursuant to articles 8 to 25 whose records relative to education or experience required by an article are unavailable from a foreign country shall be allowed, upon approval of the board and the department, to take an examinatio…

Mich. Comp. Laws § 339.217 License or certificate of registration without examination; member of armed forces, veteran, or dependent of member or veteran; requirements.

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Sec. 217. (1) Subject to subsection (2), 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…

Mich. Comp. Laws § 339.2201 Definitions.

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Sec. 2201. As used in this article: (a) "Landscape architect" means a person qualified to engage in the practice of landscape architecture as provided in this article. (b) "Practice of landscape architecture" means all of the following: (i) The performance of professional service…

Mich. Comp. Laws § 339.2202 Performing services described in MCL 339.2201(b)(i); scope of article.

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Sec. 2202. (1) This article does not prohibit a licensed landscape architect from performing any of the services described in section 2201(b)(i) in connection with the settings, approaches, or environment for buildings, structures, or facilities. (2) This article does not authori…

Mich. Comp. Laws § 339.2203 Appointment of ad hoc committees by director; purpose; number of members; service of committees during processing of rules; recommendations and suggested revisions.

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Sec. 2203. (1) The director shall appoint 1 or more ad hoc committees to assist the director and the department in adopting rules regarding the setting of standards for continuing education and continuing competency courses and programs, providing for exceptions to the licensure …

Mich. Comp. Laws § 339.2204 Applicant for licensure as landscape architect; qualifications.

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Sec. 2204. An applicant for licensure as a landscape architect shall be of good moral character and shall pass a written examination developed by the department. In addition, each applicant shall have had not less than 7 years of training and experience in the actual implementati…

Mich. Comp. Laws § 339.2205 Completion of requirements for licensure; demonstration of continuing professional competence.

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Sec. 2205. (1) All requirements for licensure shall be completed within 10 years after receipt of the application by the department. If the requirements are not completed within the 10-year period, the application shall be void. (2) A demonstration of continuing professional comp…

Mich. Comp. Laws § 339.2208 Licensure on individual basis.

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Sec. 2208. Licensure under this article shall be on an individual basis. The department shall not license a partnership, association, corporation, or a public agency under this article.

Mich. Comp. Laws § 339.2209 Issuing license without examination to applicant registered, licensed, or regulated in another state or country; equivalency.

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Sec. 2209. The department may issue a license without examination to an applicant who is legally registered, licensed, or regulated as a landscape architect in any other state or country whose requirements for registration, licensure, or other regulation are at least substantiall…

Mich. Comp. Laws § 339.2210 Seal; plans, specifications, and reports filed with public authority; unlawful indorsement; penalties.

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Sec. 2210. (1) Each landscape architect shall have a seal, approved by the department and the board, which shall contain the name of the landscape architect, the number of his or her license and the legend "landscape architect, state of Michigan" and other words or figures as the…

Mich. Comp. Laws § 339.2211 Using or advertising certain titles or descriptions.

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Sec. 2211. A person shall not use or advertise the title "landscape architect" or any title or description tending to convey the impression that he or she is a landscape architect unless he or she is licensed under this article. This article does not restrict the use of the title…

Mich. Comp. Laws § 339.2401 Definitions.

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Sec. 2401. As used in this article: (a) "Residential builder" means any of the following: (i) A person engaged in the construction of a residential structure that, for a fixed sum, price, fee, percentage, valuable consideration, or other compensation, other than wages for persona…

Mich. Comp. Laws § 339.2402 Residential builders' and maintenance and alteration contractors' board; creation; qualifications of members.

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Sec. 2402. A residential builders' and maintenance and alteration contractors' board is created. The board shall consist of 9 individuals, as follows: (a) Four individuals who are licensed residential builders. (b) Two individuals who are licensed maintenance and alteration contr…

Mich. Comp. Laws § 339.2403 Engaging in business or acting in capacity of residential builder or residential maintenance and alteration contractor or salesperson without license.

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Sec. 2403. Notwithstanding article 6, a person may engage in the business of or act in the capacity of a residential builder or a residential maintenance and alteration contractor or salesperson in this state without a license under this article, if the person is 1 of the followi…

Mich. Comp. Laws § 339.2404 Evidence of good moral character; proof of identity; examination; issuance of residential maintenance and alteration contractor's license; scope of crafts and trades; place of business; branch office license; duration of license; renewal; documentation of continuing competency requirements.

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Sec. 2404. (1) Except as provided in section 2404c, the department may require an applicant, a licensee, or each partner, trustee, director, officer, member, or shareholder of an applicant or licensee to submit evidence of good moral character. Before the department issues a lice…

Mich. Comp. Laws § 339.2404a Information to be provided as part of contract.

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Sec. 2404a. A licensee shall, as part of the contract, provide information relating to his or her individual license and to any license issued to that person as a qualifying officer of another entity.

Mich. Comp. Laws § 339.2404b Licensure as residential builder or residential maintenance and alteration contractor; completion of prelicensure course of study; disciplinary action; continuing competency requirements; approved courses; subject matter; rules; alternate forms of continuing competency; department audit; application for inactive status; designation of licensee as inactive; exemption from requirements in subsection (1); affidavit signed by commanding officer, supervisor, or military superior; retaking examination.

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Sec. 2404b. (1) Beginning June 1, 2008, an applicant for initial licensure either as a residential builder or as a residential maintenance and alteration contractor must successfully complete the prelicensure course of study requirements under this subsection to obtain a license …

Mich. Comp. Laws § 339.2404c Individual denied license because of financial instability.

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Sec. 2404c. All of the following apply to an individual who is applying for a license or relicensure as a residential builder or residential maintenance and alteration contractor, who was a qualifying officer on December 21, 2007, and who was subsequently denied an individual lic…

Mich. Comp. Laws § 339.2405 Application for license by corporation, partnership, association, limited liability company, or other entity; designation and responsibilities of qualifying officer; age and license requirements; suspension, revocation, or denial of license.

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Sec. 2405. (1) Subject to section 2404c, if a corporation, partnership, association, limited liability company, or other entity applies for a license, the applicant shall designate 1 of its officers, partners, or members or its managing agent as a qualifying officer. A qualifying…

Mich. Comp. Laws § 339.2406 Nonresident licensee; issuing license to foreign corporation; irrevocable consent to service of process; resolution authorizing consent; service of process or pleading.

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Sec. 2406. A nonresident of this state may become a licensee under this article by conforming with this article. A license shall not be issued to a foreign corporation unless the corporation is authorized to do business in this state by the corporation and securities commission. …

Mich. Comp. Laws § 339.2407 Licensing salesperson in employ of 1 builder or contractor; application for transfer and issuance of new license; submission of salesperson's license application.

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Sec. 2407. (1) A salesperson shall be licensed in the employ of only 1 residential builder or maintenance and alteration contractor. If a salesperson desires to change employment from 1 residential builder or maintenance and alteration contractor to another, the license shall be …

Mich. Comp. Laws § 339.2409 Reporting certain changes.

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Sec. 2409. A licensee shall report to the department a change of name or address or a change of members or addresses of the partnership, association, or corporation holding a license under this article within 30 days after the change occurs.

Mich. Comp. Laws § 339.2410 Repeating examination not required when making application for additional license.

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Sec. 2410. A person or qualifying officer for a corporation or member of a partnership or other business association who currently holds a residential builder or maintenance and alteration contractor license shall not be required to repeat an examination for that license when mak…

Mich. Comp. Laws § 339.2411 Complaint; conduct subject to penalty; violations; review; administrative proceedings regarding workmanship; order of default; "verified complaint" defined.

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Sec. 2411. (1) A complaint filed under this section or article 5, or both, shall be made within 18 months after the latest of the following regarding a residential structure as follows: (a) In the case of a maintenance and alteration contract: (i) Completion. (ii) Occupancy. (iii…

Mich. Comp. Laws § 339.2411a Final order of board; posting on website.

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Sec. 2411a. (1) The department shall post on its website any final order of the board and the date it was issued. The posting shall occur within 30 days after the final order is issued. (2) The department shall annually post on its website the number of final orders of the board.

Mich. Comp. Laws § 339.2412 Action for collection of compensation for performance of act or contract; alleging and proving licensure; failure to use alternative dispute resolution; other legal action; civil violation.

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Sec. 2412. (1) A person or qualifying officer for a corporation or member of a residential builder or residential maintenance and alteration contractor shall not bring or maintain an action in a court of this state for the collection of compensation for the performance of an act …

Mich. Comp. Laws § 339.2501 Definitions.

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Sec. 2501. As used in this article: (a) "Associate broker" or "associate real estate broker" means an individual who meets the requirements for licensure as a real estate broker under this article and who is licensed as an associate real estate broker under section 2505 to provid…

Mich. Comp. Laws § 339.2502 Board of real estate brokers and salespersons; creation.

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Sec. 2502. The board of real estate brokers and salespersons is created.

Mich. Comp. Laws § 339.2502a Real estate broker, associate real estate broker, and real estate salesperson; license; term; renewal; relicensure; licensure following revocation.

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Sec. 2502a. (1) The department by rule shall establish the term of the license cycle for a license for a real estate broker, associate real estate broker, and real estate salesperson granted under this article. The department shall not issue a license to an individual who is unde…

Mich. Comp. Laws § 339.2502b Owner of real estate engaging in sale of real estate as principal vocation; license as real estate broker required.

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Sec. 2502b. (1) Unless the owner engages the services of a real estate broker in connection with those sales, an individual who is the owner of real estate must obtain a license as a real estate broker to engage in the sale of that real estate as a principal vocation. For purpose…

Mich. Comp. Laws § 339.2503 Exemptions.

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Sec. 2503. (1) This article does not apply to a person that, as owner, sells or offers for sale a detached, single family dwelling, duplex, triplex, or quadruplex, that has never been occupied and that was built by the person while licensed under article 24. This article does not…

Mich. Comp. Laws § 339.2504 Real estate broker's license; prelicensure classroom courses; suspension or revocation of approval; prohibited representations; conduct of prelicensure course; violation of subsection (4); penalties; real estate clinic, meeting, course, or institute; sponsoring studies, research, and programs; contract with statewide real estate association.

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Sec. 2504. (1) Both of the following must be met before an applicant receives a real estate broker's license under this article: (a) The applicant must submit an application under section 2505. (b) The applicant, if the applicant is an individual, or the individual designated as …

Mich. Comp. Laws § 339.2504a Continuing education.

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Sec. 2504a. (1) Subject to subsection (6), a licensee must successfully complete at least the following number of hours of eligible continuing education courses in each license cycle: (a) Beginning with the license cycle after the effective date of the rules promulgated under sub…