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Act 299 of 1980
- OCCUPATIONAL CODE (339.101 - 339.2919)***** 339.602.amended THIS AMENDED SECTION IS EFFECTIVE APRIL 1, 2014 *****
***** 339.602 THIS SECTION IS AMENDED EFFECTIVE APRIL 1, 2014: See 339.602.amended *****
Section 339.201 ‑ Department of licensing and regulation; appointment of director; designation of persons to investigate licensees or persons against whom complaints lodged.
Section 339.202 ‑ Licensure or registration; application; form; fees; requirements for issuance of license or registration; expiration date.
Section 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review; fees; limitation; notice; approval or disapproval; practice by person licensed, registered, or certified under repealed act.
Section 339.204 ‑ License or registration; renewal; requirements; continuing education requirement not subject to waiver; review procedure; fees; limitation; review; renewal as responsibility of licensee or registrant; renewal application; failure to notify department of change of address.
Section 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.
Section 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.
Section 339.209 ‑ Office services; administrative and secretarial staff, clerks, and employees.
Section 339.210 ‑ Contracting with persons or agencies to implement act and fulfill responsibilities of department or board.
Section 339.213 ‑ Temporary license or certificate of registration; nonrenewable; validity; limitation.
Section 339.214 ‑ Applicant whose records unavailable from foreign country; examination; reciprocal license.
Section 339.301 ‑ Boards; composition; qualifications of members; director as ex officio member.
Section 339.303 ‑ Terms of board members; vacancy; appointment and removal of members; qualifications; terms.
Section 339.305 ‑ Board; meetings; quorum; voting by proxy prohibited; conduct of meeting; availability of files.
Section 339.307 ‑ Board; creation within department; duties; attendance of board member at informal conference; assisting department.
Section 339.310 ‑ Aiding department in interpreting licensure or registration requirements.
Section 339.313 ‑ Recommending licensure of school, institution, or other person; recommending approval or recognition of program offering training or education.
Section 339.314 ‑ Recommending approval or recognition of continuing education program.
Section 339.315 ‑ Failure to receive licensure, approval, or recognition; protest; review.
Section 339.316 ‑ Examination or test; development; consideration of material in closed session; alternative form of testing.
Section 339.317 ‑ Surrendering files of abolished board; personnel, office space, and items or equipment to be utilized by successor board.
Section 339.401 ‑ Specific amounts to be charged for licenses, registrations, and other activities.
Section 339.403 ‑ Collection of fees charged under contract; termination of contract.
Section 339.405 ‑ Nonrefundable application processing fee; examination or inspection fee; fee for initial license or registration period.
Section 339.407 ‑ Examination fee; forfeiture; reexamination fee; publication of application deadline.
Section 339.409 ‑ Payment of fee as condition to issuance of license and registration; amount; period for completion of requirements for licensure or registration; forfeiture of fees; effect of void application.
Section 339.411 ‑ Failure to renew license or registration; conditions to relicensing or reregistration; report; exceptions; temporary exemption; "completed application" defined.
Section 339.502 ‑ Investigation; correspondence file; acknowledgment of complaint; complaint made by department.
Section 339.504 ‑ Investigation; status report; time extension; closing and reopening complaint; preparation of appropriate action; informal conference.
Section 339.505 ‑ Summary suspension of license or certificate of registration; order; affidavit; petition to dissolve order; hearing; granting requested relief; record.
Section 339.506 ‑ Cease and desist order; hearing; request; application to restrain and enjoin further violation.
Section 339.507 ‑ Informal conference; criminal prosecution; other action authorized by act.
Section 339.508 ‑ Formal complaint and notice; service; options; attendance at informal conference; methods of settlement; representation.
Section 339.513 ‑ Findings of fact and conclusions of law; hearing report; copies; complaint involving professional standards of practice.
Section 339.514 ‑ Determination of penalties to be assessed; hearing report; transcript; time limit; board member prohibited from participating in final determination.
Section 339.517 ‑ Consideration of petition; alternative form of testing; personal interview.
Section 339.518 ‑ Issuance of license or certificate of registration or renewal based on review of petitioner's qualifications.
Section 339.519 ‑ Petition to review limitation on license, certification of registration, or renewal; reply; removal of limitation.
Section 339.520 ‑ Petition to review decision denying person licensure, approval, or recognition.
Section 339.522 ‑ Conducting proceedings on grievance lodged before effective date of act.
Section 339.555 ‑ Citation; notice of acceptance or denial of violation; signature; return; records; citation as final order; disclosure; removal from records; explanation; statement.
Section 339.601 ‑ Practicing regulated occupation or using designated title without license or registration; operation of barber college, school of cosmetology, or real estate school without license or approval; effect of suspended, revoked, or lapsed license or registration; violation as misdemeanor; penalties; person not licensed as residential builder or residential maintenance and alteration contractor; person not licensed as architect, professional engineer, or professional land surveyor; restitution; injunctive relief; exceptions; "affected person" defined; investigation; forfeiture; remedies; performance of services by interior designer; notice of conviction to department.
Section 339.601a ‑ Advisory subcommittee on interior design; membership; purpose; list of qualified individuals; rules; stamp; “interior designer” defined.
Section 339.603 ‑ Restitution; suspension of license or certificate of registration.
Section 339.604 ‑ Violation of article regulating occupation or commission of prohibited act; penalties.
Section 339.605 ‑ Action in name of state; intervention and prosecution by attorney general; action by department; standing.
Section 339.721 ‑ State board of accountancy; creation; qualifications of members; promulgation of rules.
Section 339.722 ‑ Licenses, registrations, and certificates as certified public accountant.
Section 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.
Section 339.725 ‑ Issuance of certificate as certified public accountant; requirements; examination; qualifying experience.
Section 339.726 ‑ Holder of certificate issued by another state or foreign jurisdiction; requirements for issuance of certificate by department.
Section 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.
Section 339.728 ‑ License to engage in practice of public accounting; application by firm; requirements; change of address; practice of public accountancy under subsection (1); conditions; other professional services practiced without license.
Section 339.733 ‑ Statements, records, schedules, working papers, or memoranda; restriction; sale, transfer, bequeathing, or assignment.
Section 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.
Section 339.736 ‑ Issuance of audit report; opinion as to whether financial information is presented according to statutory accounting principles.
Section 339.903 ‑ Pretended purchase or assignment of account; applicability of article.
Section 339.904 ‑ Collection agency; license required for each place of business; exceptions to licensing requirement of subsection (1); qualifications of applicant.
Section 339.906 ‑ Collection agency; license nontransferable; notification of changes in corporate structure, partnership, name, or address.
Section 339.907 ‑ Corporate surety or cash bond; action on bond; aggregate liability; cancellation of bond.
Section 339.908 ‑ “Owner manager” defined; personal supervision of collection agency by licensed collection agency manager or owner manager; notice; limitation.
Section 339.909 ‑ Separate trust account; maintenance by collection agency; designation as trust account; disbursements and withdrawals.
Section 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.
Section 339.911 ‑ Collection agency manager's license or collection agency license; requirements.
Section 339.912 ‑ Applicant for collection agency manager's license; written examination.
Section 339.916 ‑ Action for damages or other equitable relief; recovery; civil penalty; attorney's fees and court costs.
Section 339.918 ‑ Communication with consumer; notice; effect of disputing validity of debt; verification of debt; failure to dispute validity of debt.
Section 339.919 ‑ Communication with person other than debtor; location information.
Section 339.920 ‑ Taking possession of assets, books, and records of licensee for purpose of liquidating business or other relief; application for court order; notice.
Section 339.1003 ‑ Personnel agency; license required; determination of Type A or Type B; exemptions.
Section 339.1004 ‑ Employment or consulting agent; license required; requirements for issuance; operating independently.
Section 339.1005 ‑ Personnel agency license; requirements for issuance; nonresident applicant; obtaining license for each office; designating on-site agent; displaying license.
Section 339.1006 ‑ Surety or cash bond; amount; filing; conditions; irresponsibility of surety; new bond; suspension of license; renewal.
Section 339.1009 ‑ License not transferable; changing to new entity; admitting partner, officer, or stockholder; notice; agent no longer employed by agency; designation of another agent; notice; change of address.
Section 339.1012 ‑ Type A personnel agency; contract with client for services; limitation on gross fee; refund; receipt; maintenance of files.
Section 339.1014 ‑ Type B personnel agency; contract with client for services; waiver; fee receipt; maintenance of files.
Section 339.1102 ‑ Board of barber examiners; creation; qualifications of members.
Section 339.1104 ‑ Rendering services of barber without license prohibited; exceptions.
Section 339.1105 ‑ Student license; duration; requirements; supervised barber services without compensation; renewal or extension of license; new license; transfer of license.
Section 339.1106 ‑ Student instructor license; requirements; rendering barber services to public prohibited; exceptions; renewal of license.
Section 339.1108 ‑ Barber license; requirements; effect of licensure in another state, jurisdiction, or country; denial or limitation of license; substitution of experience for instruction.
Section 339.1109 ‑ Instructor license; requirements; substitution of experience for required training; waiver.
Section 339.1110 ‑ Barber college; licensing requirements; instruction by student instructors; notice; required classroom courses; rules; display of licenses.
Section 339.1111 ‑ Barbershop; licensing requirements; partitioning from dwelling; lodging or residential purposes prohibited; transfer of ownership or location as revocation of license; granting of new license; display of licenses.
Section 339.1117 ‑ Rendering of barber services off premises; requirements; demonstration permit.
Section 339.1203a ‑ Cosmetology services; license required; exception; scope of license; limitations.
Section 339.1203b ‑ Cosmetology establishment or school of cosmetology; school or establishment license required.
Section 339.1204 ‑ Cosmetology establishment; issuance of license; separation from dwelling or school of cosmetology; limited license; temporary license; effect of transferring ownership or location; displaying or posting license.
Section 339.1205 ‑ Operation of school of cosmetology; issuance of license; requirements; apprenticeship program; license limited to teaching electrology; effect of transferring ownership or location.
Section 339.1206 ‑ Issuance of license as cosmetology, electrology, limited, or specialist instructor.
Section 339.1211 ‑ Granting license to individual licensed to perform cosmetology services in another state; application; qualifications; applicant for licensure having qualifications acquired outside United States; proof of training or experience; determination.
Section 339.1214 ‑ Enrolling student or apprentice in cosmetology school or establishment; application; proof of ninth grade education or equivalent; exception.
Section 339.1218 ‑ Cosmetology establishment and school of cosmetology; inspections.
Section 339.1302 ‑ Person selling or offering for sale hearing aid at retail without license; employment of licensed hearing aid dealers and salespersons; filing list and statement; maintaining place of business at established physical location; branch office.
Section 339.1303 ‑ Board of hearing aid dealers; creation; qualifications of members.
Section 339.1305 ‑ Hearing aid dealer or salesperson; license; application; qualifications of applicant; specialized educational course of training; accepting basic home study course in place of examination; waiver of examination.
Section 339.1309 ‑ Unethical or gross ignorance or inefficiency in sale or fitting of hearing aid; penalties.
Section 339.1803 ‑ Placing chemical on or in dead human body by unlicensed person as violation; article inapplicable to resident trainee; license required for practice of embalming.
Section 339.1804 ‑ Funeral establishment; individuals required to be license holder for practice of mortuary science; use of name after death or retirement of member.
Section 339.1806 ‑ Practice of mortuary science; license; requirements; inspection; revocation or cancellation of license; reporting change in ownership or location; reciprocity.
Section 339.1807 ‑ Holder of license for practice of mortuary science; registration with city or village registrar; transportation permit; receiving dead body for shipment or transportation; removal or shipping permit; shipping dead human body for anatomical purpose.
Section 339.1808 ‑ Resident trainee; license; qualifications; service; notice; reports; statement; supervision.
Section 339.1809 ‑ Funeral establishment; operation by license holder; displaying name of licensee; registration of owner's name; revocation of license; operation of branch establishment; inspection of premises; preparation room and equipment; compliance.
Section 339.1809a ‑ Disposition of unclaimed cremated remains; immunity from liability; definitions.
Section 339.1809b ‑ Determination of unclaimed cremated remains as veteran; disposition; immunity from liability.
Section 339.1811 ‑ Purchase of vault or similar receptacle as condition to burial prohibited; discrimination; right to require vault not impaired.
Section 339.1812 ‑ Owning or conducting cemetery or burial ground and owning or maintaining funeral establishment prohibited; exception; owning or conducting funeral establishment on property owned or leased by cemetery prohibited; owner of private burial ground owning or maintaining funeral establishment.
Section 339.2002 ‑ Boards of architects, professional engineers, and professional surveyors; creation; membership; terms; resignation, disability, or removal for cause.
Section 339.2004 ‑ Architect, professional engineer, and land surveyor; licensing requirements.
Section 339.2005 ‑ Architect, professional engineer, and professional surveyor; examination; requirements; frequency and results of examination; individual with mental or physical disability; completion of requirements for licensure.
Section 339.2006 ‑ Maintenance of court action; allegation and proof of licensure; failure to make restitution.
Section 339.2008 ‑ Sealing documents requiring governmental agency approval or record; projects involving overlapping of architecture and engineering professions; sealing documents not prepared by licensee prohibited.
Section 339.2010 ‑ Firm; practice of architecture, professional engineering, or professional surveying; approval of nonlicensed principal and principal's firm; report; person in responsible charge at each place of business; exception.
Section 339.2011 ‑ Construction of public work involving architecture or professional engineering; requirements; exception.
Section 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.
Section 339.2105 ‑ Plan, map, specification, report or estimate; indorsement by registered forester.
Section 339.2107 ‑ Registering applicant who is legally authorized forester in another state or country; equivalent requirements.
Section 339.2202 ‑ Performing services described in MCL 339.2201(b)(i); scope of article.
Section 339.2203 ‑ Appointment of ad hoc committees by director; purpose; number of members; service of committees during processing of rules; recommendations and suggested revisions.
Section 339.2204 ‑ Applicant for licensure as landscape architect; qualifications.
Section 339.2205 ‑ Completion of requirements for licensure; demonstration of continuing professional competence.
Section 339.2209 ‑ Issuing license without examination to applicant registered, licensed, or regulated in another state or country; equivalency.
Section 339.2210 ‑ Seal; plans, specifications, and reports filed with public authority; unlawful indorsement; penalties.
Section 339.2304 ‑ Community planner; preparation of comprehensive community plan; registration of individuals only; engaging in practice of architecture, engineering, or land surveying.
Section 339.2306 ‑ Applicant for registration as community planner; requirements; 2-stage examination; completion of requirements for registration.
Section 339.2309 ‑ Certificate of registration; issuance as evidence of rights and privileges; seal.
Section 339.2310 ‑ Registering holder of valid certificate of qualification or registration issued by another state.
Section 339.2402 ‑ Residential builders' and maintenance and alteration contractors' board; creation; qualifications of members.
Section 339.2403 ‑ Engaging in business or acting in capacity of residential builder or residential maintenance and alteration contractor or salesperson without license.
Section 339.2404 ‑ Evidence of good moral character and financial stability; submission; examination; issuance of residential maintenance and alteration contractor's license; scope of crafts and trades; place of business; branch office license; duration of license; documentation of continuing competency requirements.
Section 339.2404b ‑ Licensure as residential builder or residential maintenance and alteration contractor; completion of prelicensure course of study; exemption; continuing competency requirements; violation; approved courses; waiver of requirement of membership in trade association; subject matter and instructional qualifications; rules; alternate forms of continuing competency; department audit; application for inactive status; designation of licensee as inactive.
Section 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.
Section 339.2406 ‑ Nonresident licensee; issuing license to foreign corporation; irrevocable consent to service of process; resolution authorizing consent; service of process or pleading.
Section 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.
Section 339.2410 ‑ Repeating examination not required when making application for additional license.
Section 339.2411 ‑ Complaint; conduct subject to penalty; violations; review; administrative proceedings regarding workmanship; order of default;
"verified complaint" defined.
Section 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.
Section 339.2502a ‑ Real estate broker, associate real estate broker, and real estate salesperson; term of license.
Section 339.2504 ‑ Real estate broker's license; approved classroom courses; application; condition to taking examination; renewal or reinstatement of license; continuing education requirements; exceptions; approval of person offering or conducting course or courses of study; suspension or revocation of approval; prohibited representations; conduct of pre-licensure course; violation; penalties; real estate clinic, meeting, course, or institute; sponsoring studies, research, and programs.
Section 339.2505 ‑ Real estate broker's license; application; contents; execution of application; effect of certain convictions; place of business; branch office license; contents of application for salesperson's license; proof; examinations.
Section 339.2506 ‑ Delivering or mailing real estate salesperson's license to broker; custody and control of licenses; notice of change of location; "pocket card" defined.
Section 339.2507 ‑ Discharge or termination of real estate salesperson; delivering or mailing salesperson's license to department; application for transfer of license; communication; performing regulated acts without license prohibited.
Section 339.2508 ‑ Real estate broker's license; entities to which issued; authorized acts; transferability; associate real estate broker's license; requirements to which applicant subject; suspension; issuance of new license.
Section 339.2509 ‑ Associate real estate broker's license; issuance to principal and nonprincipal; limitation; definitions.
Section 339.2510 ‑ Real estate salesperson; commission or valuable consideration.
Section 339.2512a ‑ Action for collection of compensation for performance of act or contract; allegation and proof.
Section 339.2512b ‑ Actions not constituting participation in real estate transaction or in payment of real estate commissions.
Section 339.2512d ‑ Service provision agreement; conduct by real estate broker or real estate salesperson; services; misleading public prohibited; waiver of services in limited service agreement.
Section 339.2513 ‑ Filing bond or posting cash deposit as condition precedent to issuance of license or removal of suspension; action by injured person.
Section 339.2514 ‑ Real estate broker or real estate salesperson; nonresident applicant; consent to service of process; application; disposition of process or pleading.
Section 339.2515 ‑ Listing agreement; discrimination prohibited; burden of proof; legal and equitable remedies.
Section 339.2603 ‑ Board of real estate appraisers; creation; qualifications of members.
Section 339.2605 ‑ Uniform standards of professional appraisal practice; rules; use of AQB criteria.
Section 339.2607 ‑ Prohibited representations; definitions; authorized appraisals.
Section 339.2610 ‑ Licensure as limited real estate appraiser, state licensed real estate appraiser, certified residential real estate appraiser, or certified general real estate appraiser.
Section 339.2617 ‑ Rules regulating educational courses; courses; compliance with AQB criteria.
Section 339.2619 ‑ Appraiser qualification board endorsed uniform real property appraiser examination; equivalent; validity of scores.
299‑1980‑26A ‑ ARTICLE 26A (339.2661.added...339.2677.added)
Section 339.2671.added ‑ Ensuring employees trained or holding license as certified appraiser; definitions; conduct subject to penalties.
Section 339.2673.added ‑ Ensuring certain system and process in place; annual certification by appraisal management company.
Section 339.2677.added ‑ Removal of independent appraiser from appraiser panel; requirements; complaint; determination by department.
Section 339.2709 ‑ Apprentice's registration; application; verification of ocularist; criteria; individual employed as apprentice on effective date of article; credit.
Section 339.2905 ‑ Registered auctioneer; use of title; qualifications; suspension, revocation, or denial of registration; automatic suspension.
Section 339.2913 ‑ Place of business; contract; posting of registration; establishment of trust account; deposits; payment advances; commingling; requirements; disbursements; records; ledgers and journals.
Section 339.2915 ‑ Examination for registration; subject matter; administration.
Section 339.2917 ‑ Nonresident; registration without examination; consent to service of process.
