MCL - Section 339.5202

SKILLED TRADES REGULATION ACT (EXCERPT)
Act 407 of 2016


339.5202 Preliminary determination; procedure; effect.

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 the good moral character requirement for that license or registration.
    (2) All of the following apply for purposes of subsection (1):
    (a) To obtain a preliminary determination under this section, an individual must file a request that meets all of the following:
    (i) Is submitted on a form provided by the department.
    (ii) Identifies the license or registration for which he or she may apply.
    (iii) Includes a detailed description of any criminal proceedings that resulted in a judgment against him or her.
    (iv) Includes the nonrefundable fee required by the department.
    (b) The department shall only consider the information provided by an individual under subdivision (a)(ii) and (iii) in making a preliminary determination.
    (c) A preliminary determination under this section that is adverse to an individual does not prevent the individual from subsequently applying for a license or registration.
    (d) The department or a board is not bound by a preliminary determination under this section if the individual applies for a license or registration under this act.
    (e) The issuance of a preliminary determination under this section does not limit the authority of the department to review applications for a license or registration, or to issue or deny a license or registration.
    (f) The department shall notify an individual of a preliminary determination by delivering a preliminary determination letter to the individual, in a form determined by the department.
    (3) An individual shall not request more than 1 preliminary determination under this section in any 120-day period.


History: Add. 2018, Act 454, Eff. Mar. 21, 2019