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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 § 339.603 Restitution; suspension of license or certificate of registration.
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Sec. 603. If restitution is required to be made under section 602, the license or certificate of registration of the person required to make the restitution may be suspended until the restitution is made.
Mich. Comp. Laws § 339.604 Violation of article regulating occupation or commission of prohibited act; penalties.
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Sec. 604. A person who violates 1 or more of the provisions of an article which regulates an occupation or who commits 1 or more of the following shall be subject to the penalties prescribed in section 602: (a) Practices fraud or deceit in obtaining a license or registration. (b)…
Mich. Comp. Laws § 339.605 Action in name of state; intervention and prosecution by attorney general; action by department; standing.
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Sec. 605. (1) The department may bring any appropriate action, including mediation or other alternative dispute resolution, in the name of the people of this state to carry out this act and to enforce this act. (2) If the attorney general considers it necessary, the attorney gene…
Mich. Comp. Laws § 339.606 Forfeiture.
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Sec. 606. The department, the attorney general, and a county prosecutor may utilize the forfeiture provisions of chapter 47 of the revised judicature act of 1961, 1961 PA 236, MCL 600.4701 to 600.4709, for items seized and determined to be proceeds of a crime, substituted proceed…

Mich. Comp. Laws § 339.720 Definitions; practice of public accounting.

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Sec. 720. (1) As used in this article: (a) "Attest" means providing any of the following services, but does not include providing a compilation: (i) An audit or other engagement to be performed in accordance with the statements on auditing standards. (ii) A review of a financial …

Mich. Comp. Laws § 339.721 State board of accountancy; creation; qualifications of members; promulgation of rules.

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Sec. 721. (1) The state board of accountancy is created. (2) Subject to subsection (3), the board shall consist of 9 members as follows: (a) Six members who are certified public accountants who hold a certificate as a certified public accountant, who are licensed under section 72…

Mich. Comp. Laws § 339.722 Licenses, registrations, and certificates as certified public accountant.

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Sec. 722. The department shall issue licenses, registrations, and certificates as a certified public accountant under this article. The department shall issue a license to engage in the practice of public accounting in this state only to an individual who holds a certificate as a…

Mich. Comp. Laws § 339.723 Use of title, terms, or abbreviations indicating person is certified public accountant; prohibited conduct; display or uttering of certain instrument or device as prima facie evidence that person caused or procured display; use of certain designations in connection with firm name; violation; fine; investigation and enforcement.

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Sec. 723. (1) Each individual having complied with the requirements described in section 720(1)(b) shall be known as a certified public accountant and any other person shall not use that title or the abbreviation "CPA" or any other word, words, letters, or figures to indicate tha…

Mich. Comp. Laws § 339.724 Conduct not prohibited by article.

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Sec. 724. This article does not prohibit the following: (a) An individual who is not a certified public accountant from serving as an employee of, or an assistant to, a certified public accountant or firm composed of certified public accountants who are licensed to practice under…

Mich. Comp. Laws § 339.725 Issuance of certificate as certified public accountant; requirements; examination; qualifying experience.

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Sec. 725. (1) The department shall issue a certificate as a certified public accountant to an individual who meets all of the following requirements: (a) Is of good moral character. (b) Has complied with the education requirements of subsection (2). (c) Has passed an examination …

Mich. Comp. Laws § 339.726 Holder of certificate issued by another state or foreign jurisdiction; requirements for issuance of certificate by department.

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Sec. 726. (1) The department shall issue a certificate as a certified public accountant to an individual who holds a valid and unrevoked certificate as a certified public accountant issued by or under the authority of another state or United States jurisdiction and meets either o…

Mich. Comp. Laws § 339.727 Use of authorized title; requirements.

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Sec. 727. After obtaining a certificate as a certified public accountant under section 725 or 726, an individual seeking to use a title authorized by this article shall do 1 of the following: (a) If the individual only seeks to use a title authorized by this article, the individu…

Mich. Comp. Laws § 339.727a Individual whose principal place of business is outside of state; practice without need to obtain certificate, license, or temporary practice permit; requirements; practice privileges.

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Sec. 727a. (1) An individual whose principal place of business is not in this state is considered to have qualifications substantially equivalent to this state's requirements, has all the privileges of licensees of this state, and may practice public accountancy without the need …

Mich. Comp. Laws § 339.728 License to engage in practice of public accounting; application by firm; requirements; change in address; practice of public accountancy without license under subsection (1); conditions; other professional services practiced without license.

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Sec. 728. (1) A firm that establishes or maintains an office in this state must apply for and obtain a Michigan license under this article in order to engage in the practice of public accounting in this state. (2) A firm that is applying for licensure under this article shall mee…

Mich. Comp. Laws § 339.729 License renewal; continuing education requirements.

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Sec. 729. (1) As a condition of license renewal, an individual licensee must successfully complete at least 40 hours of continuing education for each year of a license cycle. All of the following apply to the continuing education requirement described in this subsection: (a) A li…

Mich. Comp. Laws § 339.730 Contingent fee.

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Sec. 730. (1) Except as otherwise provided in this section, a certified public accountant may charge or receive a contingent fee. (2) A licensee shall not charge or receive a contingent fee from a client during the period in which a licensee or a licensee's firm is engaged to per…

Mich. Comp. Laws § 339.731 Commission or referral fee.

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Sec. 731. (1) Except as otherwise provided in this section, a certified public accountant may perform services for or receive for services a commission as long as the certified public accountant discloses that arrangement to the person to whom the certified public accountant reco…

Mich. Comp. Laws § 339.732 Confidentiality; disclosure of information.

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Sec. 732. (1) Except by written permission of the client or the heir, successor, or personal representative of the client to whom the information pertains, a licensee, or a person employed by a licensee, shall not disclose or divulge and shall not be required to disclose or divul…

Mich. Comp. Laws § 339.733 Statements, records, schedules, working papers, or memoranda; restriction; sale, transfer, bequeathing, or assignment.

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Sec. 733. (1) Statements, records, schedules, working papers, or memoranda made by a licensee or by an employee of a licensee shall remain the property of the licensee unless there is an agreement to the contrary. This subsection does not apply to a report submitted by a licensee…

Mich. Comp. Laws § 339.734 Prohibited conduct; penalties; report to department.

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Sec. 734. (1) A holder of a certificate, registration, or license as a certified public accountant or an individual exercising the practice privilege granted under section 727a and the firm employing that individual is subject to the penalties of section 602 for 1 or more of the …

Mich. Comp. Laws § 339.734a Exercise of privilege granted by MCL 339.727a; conditions; disciplinary action for act committed in another licensing jurisdiction; prima facie evidence of violation.

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Sec. 734a. (1) An individual who meets the requirements of, and is exercising the practice privilege granted by, section 727a, and the firm that employs that individual, each agree to all of the following as a condition of the exercise of that privilege: (a) To the personal and s…

Mich. Comp. Laws § 339.735 Violation as felony; penalty; enforcement.

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Sec. 735. (1) A person who violates section 723(1) through (4) is guilty of a felony punishable by a fine of not more than $25,000.00, or imprisonment for not more than 5 years, or both. (2) The attorney general or the prosecuting attorney of a county may bring an action in a cou…

Mich. Comp. Laws § 339.736 Issuance of audit report; opinion as to whether financial information is presented according to statutory accounting principles.

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Sec. 736. If requested by an insurer, a licensee who agrees to issue an audit report concerning the statutory financial statements of a domestic insurer shall include an opinion as to whether the financial information is presented according to statutory accounting principles as p…

Mich. Comp. Laws § 339.901 Definitions.

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Sec. 901. (1) As used in this article: (a) "Claim" or "debt" means an obligation or alleged obligation for the payment of money or thing of value arising out of an expressed or implied agreement or contract for a purchase made primarily for personal, family, or household purposes…

Mich. Comp. Laws § 339.902 Collection practices board; creation.

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Sec. 902. A collection practices board is created.

Mich. Comp. Laws § 339.903 Pretended purchase or assignment of account; applicability of article.

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Sec. 903. This article applies to a person who, by a device, subterfuge, or pretense, makes a pretended purchase or takes a pretended assignment of an account from another person to evade this article.

Mich. Comp. Laws § 339.904 Collection agency; license required for each place of business; exceptions to licensing requirement of subsection (1); qualifications of applicant.

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Sec. 904. (1) Except as otherwise provided in this article, a person shall not operate a collection agency or commence in the business of a collection agency without first applying for and obtaining a license under this article from the department for each place of business. (2) …

Mich. Comp. Laws § 339.906 Collection agency; license nontransferable; notification of changes in corporate structure, partnership, name, or address.

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Sec. 906. A collection agency license is not transferable to another person or location. Notification of changes in the corporate structure, partnership, name, or address shall be submitted in writing within 30 days after the date of the change.

Mich. Comp. Laws § 339.907 Corporate surety or cash bond; action on bond; aggregate liability; cancellation of bond.

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Sec. 907. The department shall require a collection agency to file and maintain in force for each license a corporate surety or a cash bond conditioned upon the faithful accounting of all money collected upon accounts entrusted to the collection agency in a form prescribed by the…

Mich. Comp. Laws § 339.908 “Owner manager” defined; personal supervision of collection agency by licensed collection agency manager or owner manager; notice; limitation.

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Sec. 908. (1) As used in this section, "owner manager" means a person who does all of the following: (a) Obtains a license under section 904 as an individual, a partner in a partnership, or an officer of a corporation. (b) Meets all the requirements specified in section 911(2). (…

Mich. Comp. Laws § 339.909 Separate trust account; maintenance by collection agency; designation as trust account; disbursements and withdrawals.

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Sec. 909. (1) A collection agency shall maintain a separate trust account in which all money collected under this article by the collection agency shall be deposited within 3 banking days after receipt. The trust account shall be established in 1 of the following institutions: (a…

Mich. Comp. Laws § 339.910 Books, accounts, and records; use; preservation; accessibility; annual report; financial report of trust account; audit; information provided to director exempt from disclosure; exception; compliance attestation report.

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Sec. 910. (1) A collection agency shall keep and use books, accounts, or records that the department requires to determine whether the collection agency is complying with this article and the rules promulgated under this article. These books, accounts, and records shall include a…

Mich. Comp. Laws § 339.911 Collection agency manager's license or collection agency license; requirements.

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Sec. 911. The department shall issue a collection agency manager's license or a collection agency license to an individual who meets all of the following requirements: (a) Has a high school diploma or demonstrates to the satisfaction of the department that the applicant possesses…

Mich. Comp. Laws § 339.912 Applicant for collection agency manager's license; written examination.

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Sec. 912. An applicant for a collection agency manager's license shall take a written examination developed by the department to test the applicant's knowledge of the collection agency business, collection practices, customs and ethics, and the laws and rules relating to the oper…

Mich. Comp. Laws § 339.913 Collection agency manager's license; display.

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Sec. 913. A collection agency manager's license shall be displayed on the premises where licensed business or activity is conducted.

Mich. Comp. Laws § 339.915 Licensee; prohibited acts.

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Sec. 915. A licensee shall not commit 1 or more of the following acts: (a) Communicating with a debtor in a misleading or deceptive manner, such as using the stationery of an attorney or the stationery of a credit bureau unless it is disclosed that it is the collection department…

Mich. Comp. Laws § 339.915a Licensee; additional prohibited acts; section construed; "affiliate" defined.

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Sec. 915a. (1) A licensee shall not commit any of the following acts: (a) Listing the name of an attorney in a written or oral communication, collection letter, or publication in an attempt to collect a debt on behalf of a person other than the licensee or an affiliate of the lic…

Mich. Comp. Laws § 339.916 Action for damages or other equitable relief; recovery; civil penalty; attorney's fees and court costs.

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Sec. 916. (1) A person who suffers injury, loss, or damage, or from whom money was collected by the use of a method, act, or practice in violation of this article or rules promulgated under this article, may bring an action for damages or other equitable relief. (2) If the court …

Mich. Comp. Laws § 339.917 Conduct of licensee subject to penalties.

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Sec. 917. A licensee that commits 1 or more of the following is subject to the penalties described in article 6: (a) Cancellation of a surety bond. (b) Failure to notify the director of any changes in corporate or partnership structure under section 906. (c) Failure to apply for …

Mich. Comp. Laws § 339.918 Communication with consumer; notice; effect of disputing validity of debt; verification of debt; failure to dispute validity of debt.

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Sec. 918. (1) Within 5 days after the initial communication with a consumer in connection with a collection of a debt, a collection agency shall send the consumer, unless the following information is contained in the initial communication or the consumer has paid the debt, a writ…

Mich. Comp. Laws § 339.919 Communication with person other than debtor; location information.

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Sec. 919. (1) A collection agency communicating with any person other than the debtor, for the purpose of acquiring location information about the debtor, shall state all of the following: (a) The name of the individual seeking the location information. (b) Whether the purpose of…

Mich. Comp. Laws § 339.920 Taking possession of assets, books, and records of licensee for purpose of liquidating business or other relief; application for court order; notice.

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Sec. 920. If the department determines that a licensee is insolvent or has collected accounts, but failed to remit money due a claimant or forwarded money due a claimant within 45 days after the day of collection, or if the license of a collection agency has expired or been suspe…

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…

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…