Michigan Residential Builders License Exam Prep PDF

STUDENT STUDENT WORKBOOK for the WORKBOOK for the Michigan Builders Exam Michigan Builders Exam...

STUDENT STUDENT WORKBOOK for the WORKBOOK for the Michigan Builders Exam Michigan Builders Exam 60 Hour Pre-license Course 60 Hour Pre-license Course & Continuing Education & Continuing Education 39209_Cover Form 1 Front  Information: 800.456.4020 Test Prep Assistance: 800.456.4020 1  Introduction/Overview 60 Hour Pre License Training Manual This study course is designed to aid you in knowing what to study for the State of Michigan Builder’s License Test. It is not a “How to Build” course, but a study This study course is designed to aid you in knowing what to study for the State of related materials. These include Act 299 of the Occupational Code, The State of Michigan Builder’s License Test. It is not a “How to Build” course, but a study of Michigan Residential Code, Workers Compensation Act, Lien Laws, Modern of related materials. These include Act 299 of the Occupational Code, The construction and business practices. Study time will also include blue print reading, State of Michigan construction Residential math, and Code, Workers how to estimate materials.Compensation Applicants mustAct, Lien Laws, set aside ample Modern construction time (minimum andtobusiness 60 hours) practices. study and memorize Study time will also the information forinclude blue the builders print reading, construction math, and how to estimate materials. Applicants test. must set aside ample time (minimum 60 hours) to study and memorize the Instructors informationselected to teachtest. for the builders the 60 hour pre-licensure course have substantial backgrounds in residential and commercial construction. The instructors have backgrounds in various other fields such as building inspectors, teaching continuing Instructors selected to teach the 60 hour pre-licensure course have substantial education, building code studies, and home inspection services. Owning their own backgrounds in residential construction businesses hasand commercial given construction. the instructors The instructors firsthand knowledge have on contract backgrounds in various verbiage, estimating, other project fields such management, as building schedules, inspectors, MIOSHA teaching requirements and continuing education, building code studies, and home inspection services. other related factors of construction. We are here to provide you with the highest Owning their own quality seminar to construction businesses help you accomplish yourhas given goals andthe instructors achieve a newfirsthand level of knowledge success! Anyonrecommendations contract verbiage, estimating, made project management, by our instructors schedules, are offered strickly in an MIOSHA requirements advisory capacity and areand notother to be related factors construed of construction. as legal advise. We are here to provide you with the highest quality seminar to help you accomplish your goals and achieve a new level of success! Any recommendations made by our instructors are offered strickly in an advisory capacity and are not to be construed as legal advise. 2  Key Information: Obtaining the Michigan Residential Builders License 60 Hour Pre License Training Manual Step #1 Step #1 a State of Michigan approved 60 hour pre-licensure course. Obtain the Complete Complete required a Stateupon documentation of Michigan approved 60 hour pre-licensure course. completion. Obtain the required documentation upon completion. Step #2 Step #2 Go toGo theto State the of Michigan State residential of Michigan buildersbuilders residential website located websiteatlocated www.Michigan. at gov/builders. Review the requirements for licensure. www.Michigan.gov/builders. Review the requirements for licensure. Download Downloadthe thefollowing followingform: form: A. A. CSCL/LBL-010 CSCL/LBL-010 Individual Residential Individual Builder License Residential Builder Application License Instructions. Application Please complete Instructions. the form Please and return complete the toform the address on the and return to form with the required the address on the fees form and with requested the requireddocuments. fees and After the department requested documents.receives yourdepartment After the application they will review receives it. Once approved your application thereview they will department will approved it. Once send you. “Authorization the department to test”. will send you. “Authorization to test”. Step #3 Step #3 Complete Complete the PSIthecandidate PSI candidate information information bulletin application bulletin application to test. to test. Submit the Submit the fees, application, application, fees, and “authorization and “authorization to test” to PSI.toCall test” toafter PSI PSI.the Calldesignated PSI after the designated period period to schedule your to schedule test date andyour test date and location. location. Step #4 Step #4 ArriveArrive on attime on time yourattest yourlocation. test location. ReviewReview and study andallstudy all test handout test handout material material before you hit the start key on the computer. You before you hit the start key on the computer. You will be notified immediately will be notified after immediately after the test if you passed or failed. If you pass, PSI the test if you passed or failed. If you pass, PSI will notify the department to send will notify the you department your license.toIf send youyou you fail, your willlicense. be givenIfayou printfail, outyou will beyour indicating given a print score on out indicating your score on various portions of the test. This will various portions of the test. This will guide your study time for retesting. To retestguide your study you willtime needfortoretesting. apply with ToPSI. retest you will need to apply with PSI. Questions Questionsrelated relatedtotoPSI PSIcall: call:1-800-733-9267 1-800-733-9267 Questions Questionsrelated relatedtotothe theResidential ResidentialBuilders BuildersLicense Licensecall the call State the of of State Michigan Michigan Builders Builders Division: Division:517-241-9288 517-241-9288 3  Important Phone Numbers 60 Hour Pre License Training Manual P.S.I. TestingServices P.S.I. Testing Services 800-733-9267 800-733-9267 Michigan Department of Michigan Department of Licensing 517-241-9288 517-241-9288 Licensing and Regulatory Affairs and Regulatory Affairs Builders Division Builders Division 517-373-8376 517-373-8376 MISS DIG MISS DIG 811 811 MI-OSHA Standards MIOSHA Education/Training 517-322-1845 517-284-7720 MIOSHA Safety and Health MI-OSHA Standards 517-284-7700 517-322-1845 Michigan Department of Health 517-335-9390 MIOSHA Lead Safety and Health Abatement 517-284-7700 Asbestos Abatement Michigan Department of Health Lead 517-322-1320 517-335-9390 Abatement Verify a Builders Asbestos License Abatement www.dleg.state.mi.us/verify.htm 517-322-1320 Verify a Builders License www.dleg.state.mi.us/verify.htm Note: These phone numbers are subject to change. Note: These phone numbers are subject to change. 4  Times and Numbers to Remember reference: Act 299 60 Hour Pre License Training Manual Four Four (4) (4) years years Term of Term of board board member member Two (2) times Board members must meet annually (minimum) Two (2) times Board members must meet annually (minimum) Nine (9) Board members: 4 licensed as residential builders; 2 licensed as maintenance and Nine (9) alterations4 contractors; Board members: 1 registered licensed as residential building builders; 2 inspector; 2 general public licensed as maintenance and alterations contractors; 1 registered building inspector; 2 general public Three (3) years To renew license without retaking builder’s exam Three (3) years To renew license without retaking builder’s exam Fifteen (15) days Time allotted for department to acknowledge receipt of complaint to complainant Fifteen (15) days Time allotted for department to acknowledge receipt of Fifteen (15) days complaint to complainant Time allotted to respond to a formal complaint Fifteen (15) days Time allotted to respond to a formal complaint Sixty (60) days Time alloted to board to determine penalties after an administrative hearing Sixty (60) days Time alloted to board to determine penalties after an Thirty (30) days Time hearing administrative allotted to a person to request that a limitation be removed after they receive such Thirty (30) days noticeto a person to request that a limitation be Time allotted removed after they receive such notice Thirty (30) days To submit financial records once the board Thirty (30) days notifies To submit the licensed financial person records once the board notifies the licensed person Thirty (30) days To notify the department of change in name or Thirty (30) days To notifyaddress of licensed the department personin name or address of of change licensed person Ten (10) days Time allotted to licensed person notifying them Ten (10) days of an investigative Time allotted conference to licensed person notifying them of an investigative conference Five (5) days Time allotted for a residential builder to return Five (5) days salesforperson’s Time allotted license a residential and builder for sales to return salesperson person’sto return license and for I.D. salescard by certified person to returnmail I.D. card by certified mail 5  Times and Numbers to Remember reference: Act 299 60 Hour Pre License Training Manual Penalties Penalties forfor engaging engaging in the orpractice in the practice orbuilding residential residential withoutbuilding a license: without a license: First Offense: Not less than $5,000.00 and not more First Offense: Not less than than $25,000.000 $5,000.00 and/or and notonemore year than $25,000.000 and/or one year Second Offense: Not less than $5,000.00 and not more Second Offense: Not less than than $25,000.00 $5,000.00and/or and not more than two years $25,000.00 and/or two years In case of death or serious injury: In case of death or serious injury: Not less than $5,000.00 or more $25,000.00 and/or 4 years Not less than $5,000.00 or more $25,000.00 Three (3) years and/or 4 years Duration or renewed builder’s license as of June 2008 Three (3) years Duration or renewed builder’s license as of June Ninety (90) days To repay the construction lien fund in 2008 order to avoid suspension of license Ninety (90) days To repay the construction lien fund in order to Eighteen (18) months avoid suspension of license To file a complaint Eighteen (18) months To file a complaint Ten (10) Days To notify the department of a change in Ten (10) Days To notify the department control of of or direction a change in control a business or direction of a business 6   ‰    Director of    Department of Licensing and  
     Regulatory Affairs   €‚ƒ         „ „    
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  †      7                     ­   Complaintant Respondent ­‡†‡ ‡ ‚ƒ  ˆ  City Bldg. Dept.   ­   8 RESIDENTIAL BUILDERS LAWS AND RULES Laws and Rules Relating to Residential Builders and Maintenance and Alteration Contractors April 2011 Michigan g Department p of Licensing g and Regulatory g y Affairs Board of Residential Builders and Maintenance and Alteration Contractors PO Box 30245 – Lansing, MI 48909 www.michigan.gov/builders BCS-LBL (4/11)  PREFACE This book is reprinted under the editorial direction of the Legislative Service Bureau from the text of the Michigan Compiled Laws, supplemented through Act 103 of the 1989 Regular Session of the Michigan Legislature, and from the text of the Michigan Administrative Code, supplemented through issue No. 6 of the 1989 Michigan Register, and is made available to § 24.258 of the Michigan Compiled Laws. Materials in boldface type, particularly catch lines and annotations to the statutes, are not part of the statutes as enacted by the Legislature. Legal Editing and Law Publications Division Legislative Services Bureau NOTE: All references to activities of, or requirements q byy the Department p of Licensing g and Regulation, g , the Department p of Commerce, the Office of Commercial Services and/or the Department p of Consumer & Industryy Services, Bureau of Commercial Services, Department p of Energy, gy Labor & Economic Growth , are now handled by the Department of Licensing and Regulatory Affairs. LARA is an equal opportunity employer/program. Auxiliary aids, services and other reasonable accommodations are available upon request to individuals with disabilities.  OCCUPATIONAL CODE, (ARTICLES 1-6, 24) P.A. 299 OF 1980 OCCUPATIONAL CODE (ARTICLES 1-6, 24) P.A. 299 of 1980 An act to revise, consolidate, and classifyy the laws of this state regarding g g g the regulation of certain occupations;; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts. The People of the State of Michigan enact: ARTICLE 1 339.101 Short title. Sec. 101. This act shall be known and may be cited as the “occupational code”. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980 Compiler's Notes: For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.For transfer of rule- making authority of occupational and health occupation boards and related task forces from the department of commerce to the director of the department of consumer and industry services, see E.R.O. No. 1996-2, compiled at MCL 445.2001 of the Michigan Compiled Laws. 339.102 Meanings of words. Sec. 102. For purposes of this act, the words defined in sections 103 to 105 have the meanings ascribed to them in those sections. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980 339.103 Definitions;; B,, C. Sec. 103. (1) “Board” means, in each article which deals with a specific occupation, the agency created in that article composed principally of members of the regulated occupation. In all other contexts, board means each agency created under this act. (2) “Censure” means an expression of disapproval of a licensee's or registrant's professional conduct, which conduct is not necessarily a violation of this act or a rule promulgated or an order issued under this act. (3) “Competence” means a degree of expertise which enables a person to engage in an occupation at a level which meets or exceeds minimal standards of acceptable practice for the occupation. -1-  OCCUPATIONAL CODE, (ARTICLES 1-6, 24) P.A. 299 OF 1980 (4) “Complaint” means an oral or written grievance. (5) “Controlled substance” means a drug, substance, or immediate precursor as set forth in section 7212, 7214, 7216, 7218, or 7220 of the public health code, Act No. 368 of the Public Acts of 1978, being sections 333.7212, 333.7214, 333.7216, 333.7218, and 333.7220 of the Michigan Compiled Laws, not excluded pursuant to section 7227 of Act No. 368 of the Public Acts of 1978, being section 333.7227 of the Michigan Compiled Laws. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1994, Act 257, Imd. Eff. July 5, 1994 339.104 Definitions;; D to K. Sec. 104. (1) ( ) “Department” means the department of commerce. (2) “Director” means the director of the department of commerce or an authorized representative of the director of the department of commerce. (3) “Disability” means an infirmity that prevents a board member from performing a duty assigned to the board member. (4) “Files” means the records, memoranda, opinions, minutes, and similar written materials that were formerly in the physical dominion of a board abolished by this act and the records, memoranda, opinions, minutes, and similar written materials of a board created under this act. (5) “Formal complaint” means a document that states the charges of each alleged violation and is prepared by the department or the department of attorney general after a complaint has been received by p the department. (6) “General public” means each individual residing in this state who is 18 years of age or older, other than a person or the spouse of a person who is licensed or registered in the occupation or who has a material financial interest in the occupation being regulated by the specific article in which the term is used. (7) “Good moral character” means good moral character as defined in section 1 of Act No. 381 of the Public Acts of 1974, being section g Compiled Laws. 338.41 of the Michigan (8) “Incompetence” means a departure from, or a failure to conform to, minimal standards of acceptable practice for the occupation. (9) “Knowledge and skill” means the information, education, practical experience, and the facility in applying that information, education, and practical experience. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1996, Act 151, Imd. Eff. Mar. 25, 1996 -2-  OCCUPATIONAL CODE, (ARTICLES 1-6, 24) P.A. 299 OF 1980 339.105 Definitions;; L to S. Sec. 105. (1) “License” means the document issued to a person under this act which will enable that person to use a designated title and practice an occupation, which practice would otherwise be prohibited by this act. License includes a document issued by the department which permits a school, institution, or person to offer training or education in an occupation or which permits the operation of a facility, establishment, or institution in which an occupation is practiced. License includes a permit pp or approval. (2) “Licensee” means a person who has been issued a license under this act. (3) “Limitation” means a condition, stricture, constraint, restriction, or probation attached to a license or registration relative to the scope of practice including the following: (a) A requirement that the licensee or registrant perform only specified functions of the licensee's or registrant's occupation. (b) A requirement that the licensee or registrant perform the licensee's or registrant's occupation only for a specified period of time. (c) A requirement that the licensee or registrant perform the licensee's or registrant's occupation only within a specified geographical area. (d) A requirement that restitution be made or certain work be performed before a license or registration is issued, renewed, or reinstated. (e) A requirement that a financial statement certified by a person licensed as a certified public accountant be filed with the department at regular intervals. (f) A requirement which reasonably assures a licensee's or registrant's competence to perform the licensee's or registrant's p occupation. (g) A requirement that all contracts of a licensee or registrant be reviewed by an attorney. (h) A requirement that a licensee or registrant have on file with the department a bond issued by a surety insurer approved by the department or cash in an amount determined by the department. (i) A requirement that a licensee or registrant deposit money received in an escrow account which can be disbursed only under certain conditions as determined by the licensee or registrant and another party. (j) A requirement that a licensee or registrant file reports with the department at intervals determined by the department. (4) “Occupation” means a field of endeavor regulated by this act. (5) “Person” means an individual, sole proprietorship, partnership, association, corporation, common law trust, or a combination of those -3-  OCCUPATIONAL CODE, (ARTICLES 1-6, 24) P.A. 299 OF 1980 legal entities. Person includes a department, board, school, institution, establishment,, or g governmental entity. (6) “Physical dominion” means control and possession. (7) “Physician” means that term as defined in section 17001 and section 17501 of the public health code, Act No. 368 of the Public Acts of 1978, being sections 333.17001 and 333.17501 of the Michigan Compiled Laws. (8) “Probation” means a sanction which permits a board to evaluate over a period of time a licensee's or registrant's fitness to practice an occupation regulated by this act. (9) “Public access” means the right of a person to view and copy files pursuant to the freedom of information act, Act No. 442 of the Public Acts of 1976, as amended, being sections 15.231 to 15.246 of the Michigan Compiled Laws. (10) “Registrant” means a person who is registered under this act. (11) “Registration” means the document issued to a person under this act which will enable that person to use a designated title, which use would be otherwise prohibited by this act. (12) “Rule” means a rule promulgated under this act and pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 to 24.328 of the Michigan Compiled Laws. (13) “State” means the District of Columbia or a commonwealth, state, or territory of the United States. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1988, Act 463, Eff. Sept. 1, 1989 Article 2 339.201 Department of licensing and regulation; appointment of director; designation of persons to investigate licensees or persons p against whom complaints g lodged. Sec. 201. The department p shall consist of a director as its executive head and other officers and employees p y appointed pp or employed p y byy the p department. pp The director shall be appointed byy the governor, g subject to the advice and consent of the senate, and shall hold office at the pleasure of the governor. The department shall designate only those persons who meet the qualifications for licensure established for an occupation regulated under article 7, 20, or 22 to investigate licensees or persons against whom complaints have been lodged. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980 Compiler's Notes: For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws. -4-  OCCUPATIONAL CODE, (ARTICLES 1-6, 24) P.A. 299 OF 1980 339.202 Licensure or registration; application; form; fees; requirements for issuance of license or registration; expiration date. 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 person who meets the licensure or registration requirements set forth in a specific article and in rules promulgated under this act, subject to the exceptions set forth in section 203. (2) The expiration date of a license or registration issued under this act shall be established by rule promulgated by the department under section 205, which rule shall not permit the issuance of a permanent license or registration. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1988, Act 463, Eff. Sept. 1, 1989 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. 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 of the person's knowledge and skills or that a required examination for receipt of a license or registration does not serve as an adequate basis for determining whether a person could perform an occupation with competence. The procedure to be followed in obtaining the review by the director and a board is prescribed in article 5. A person shall not have a license or registration issued under this section until the person pays the p appropriate fees as pprescribed in article 4. ( ) A license or registration (2) g issued under this article mayy be issued with a limitation. The department p shall notifyy the appropriate pp p board of the department's p intent to impose p a limitation on the issuance of a license or registration g of a pperson seeking g a license or registration g in the occupation p for which the board serves. The departmentp mayy impose p the limitation onlyy with the approval pp of the notified board. However,, if the notified board, within 60 days y after receiptp of the notification byy the department, p pp neither approves nor disapproves pp the imposition p of a limitation,, the department p mayy impose p p the limitation. A person who receives a license or registration g with a limitation may receive a review of the limitation as provided in section 519. (3) Notwithstanding any other provision of this act, a person licensed, registered, or certified under an act repealed by this act to practice an -5-  OCCUPATIONAL CODE, (ARTICLES 1-6, 24) P.A. 299 OF 1980 occupation on the day immediately preceding the effective date of this act shall be considered to be appropriately licensed, registered, or certified under this act until the expiration of the licensure, registration, or certification granted under the repealed act. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1988, Act 463, Eff. Sept. 1, 1989 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 g of address. Sec. 204. ((1)) Unless otherwise provided p in this act and subject j to the limitations set forth in this section, the department p shall renew the license g or registration p of a person who fulfills all of the followingg requirements: q ( ) Has applied (a) pp to the department p on a form provided p byy the department p for renewal of a license or registration. g The application pp for renewal shall be received byy the department p on or before the date prescribed by the department for the expiration of the current license or p registration. ( ) Has paid (b) p pp p the appropriate p fees prescribed in article 4. ( ) Has met the renewal requirements (c) q set forth in a specific article, rule, or an order issued under this act. (2) Except as otherwise provided in this act, the department may renew the license or registration of a person who does not meet the requirements for renewal, if the person demonstrates to the satisfaction of the department and a board that the requirements for renewal as set forth in an article or rule do not constitute a fair and adequate measure of the person's knowledge and skills or that the requirements for renewal do not serve as an adequate basis for determining whether a person could continue to perform an occupation with competence. However, a requirement of attendance in a continuing education program shall not be waived as a requirement for the renewal. The procedure to be followed in obtaining a review of requirements for renewal by the director and a board is prescribed in article 5. The department shall not issue a license or registration under this subsection until the person seeking renewal pays the appropriate fees as prescribed in article 4. (3) Except as otherwise provided in article 7, a license or registration renewed under this section may be renewed with a limitation. The department shall notify the appropriate board of the department's intent to impose a limitation on the renewal of a license of a person seeking license renewal in the occupation for which the board serves. The department may impose the limitation only with the approval of the notified board. However, if the notified board, within 30 days after receipt of the notification by the department, neither approves nor disapproves -6-  OCCUPATIONAL CODE, (ARTICLES 1-6, 24) P.A. 299 OF 1980 the imposition of a limitation, the department may impose the limitation. A person who receives a license or registration renewed with a limitation may receive a review of that limitation as provided in section 519. (4) It is the responsibility of the licensee or registrant to renew a license or registration. The department shall send a renewal application to the last known address of a licensee or registrant on file with the department. The failure of a licensee or registrant to notify the department of a change of address shall not extend the expiration date of a license or registration and may result in disciplinary action. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1988, Act 463, Eff. Sept. 1, 1989 g 339.205 Promulgation of rules. Sec. 205. The department p shall promulgate p g p rules to implement articles 1 to 6 and rules which are necessaryy and appropriate to enable the department to fulfill its role under this act. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980 Admin Rule: R 285.901.1 et seq.; R 338.551 et seq.; R 338.581 et seq.; R 338.861 et seq.; R 338.881; R 338.1301 et seq.; R 338.1401 et seq.; R 338.1511 et seq.; R 338.1801 et seq.; R 338.1841 et seq.; R 338.1861; R 338.1901 et seq.; R 338.2001 et seq.; R 338.2101 et seq.; R 338.2401 et seq.; R 338.2601 et seq.; R 338.2701 et seq.; R 338.2801 et seq.; R 338.2841 et seq.; R 338.2901 et seq.; R 338.4001 et seq.; R 338.5101 et seq.; R 339.1001 et seq.; R 339.18901 et seq.; R 339.22101 et seq.; R 339.23101 et seq.; R 431.101 et seq.; and R 451.501 et seq. of the Michigan Administrative Code. 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 g of duties. Sec. 206. (1) ( ) Before an examination or other test required q under this act is administered and except p as otherwise provided p in this act,, the department p and the appropriate pp p g jointly, board, acting j y shall review and approve pp the form and content of the examination or other test. The examination or test shall be structured to provide p a measure of whether a person has sufficient knowledge and skills to perform an occupation with p competence. (2) Except as otherwise provided in this act, the department shall administer, score, and monitor the examination or test, but may delegate any or all of those duties to a board or to any other person. (3) Except as otherwise provided in this act, the department shall provide the equipment, examination room, written form, and any other item needed to administer the examination or test, but may delegate all or any of these duties to a board or any other person. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980 -7-  OCCUPATIONAL CODE, (ARTICLES 1-6, 24) P.A. 299 OF 1980 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. 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 program of continuing education, unless the approval or recognition of the program is the responsibility of a board. (3) The department shall process a request under subsection (1) within 90 days after the submission of the completed application in the manner described in section 411(6), which 90-day period includes the time period described in subsection (4) regarding board approval. (4) A board shall make a recommendation on the licensure or approval or recognition of a school, institution, or other person or a program within 90 days after a request for that recommendation is made by the department. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 2004, Act 264, Imd. Eff. July 23, 2004 339.208 Files of board;; physical p y dominion;; public p access. p Sec. 208. The department p y shall have physical dominion over the files of each board. The department p shall ensure that applicable laws concerning public access to the files are met. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980 339.209 Office services; administrative and secretarial staff, clerks, and employees. 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 of the powers and duties of a board. (3) The department, subject to the strictures imposed by the civil service commission, may fire, suspend, promote, demote, or transfer a person providing administrative or secretarial service for a board. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980 -8-  OCCUPATIONAL CODE, (ARTICLES 1-6, 24) P.A. 299 OF 1980 339.210 Contracting with persons or agencies to implement act and fulfill responsibilities of department or board. Sec. 210. 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. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980 339.211 Orientation program for board members. Sec. 211. The department shall provide a comprehensive orientation program for each individual appointed and confirmed as a member of a board. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980 339.212 Annual report. 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. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980 339.213 Temporary license or certificate of registration; nonrenewable; validity; limitation. 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 licensure or registration or transfer of licensure or registration pursuant to articles 8 to 25. (2) As approved by a board, a temporary license or certificate of registration issued under this section is valid until 1 or more of the following occurs: (a) The results of the next scheduled examination are available. (b) The results of the next required evaluation procedure are available. (c) A license or certificate of registration is issued. (d) The next examination date of an examination for licensure or registration in the applicable occupation, if the applicant does not take the examination. (e) The applicant fails to meet the requirements for a license or certificate of registration. (f) A change in employment is made. -9-  OCCUPATIONAL CODE, (ARTICLES 1-6, 24) P.A. 299 OF 1980 (3) A temporary license or certificate of registration may be limited as defined in article 1. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980 339.214 Applicant whose records unavailable from foreign country; examination; reciprocal license. 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 examination or apply for a reciprocal license upon submitting the following to the department: (a) A notarized affidavit approved by the department stating the total number of years of education received, the name of the school or schools attended, the dates each school was attended, the degree obtained, the courses taken, the grades received, and the names of each former employer. (b) A notarized statement approved by the department from a governmental official testifying to unavailability of the necessary records. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980 339.215, 339.216 Repealed. 1994, Act 257, Imd. Eff. July 5, 1994. Compiler's Notes: The repealed sections pertained to creation of the commission on professional and occupational licensure and recommendations made to the legislature. Article 3 339.301 Boards; composition; qualifications of members; director as ex officio member. Sec. 301. Each board shall consist of 9 voting g members. Except p as otherwise provided p in this act,, 6 of the members of a board shall be individuals who have a license or registration g in the occupation p which the board monitors. Exceptp as otherwise p provided in this act, 3 of the members of a board shall represent the general public. The director shall be an ex officio member without vote of a board, but is not a member for purposes of section 5 of article V of the state constitution of 1963 or for determining a quorum. A member, in addition to fulfilling the requirements set forth in an article, shall be not less than 18 years of age and shall be a resident of this state. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1990, Act 269, Imd. Eff. Oct. 17, 1990 Compiler's Notes: For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws. Popular Name: Act 299 -10-  OCCUPATIONAL CODE, (ARTICLES 1-6, 24) P.A. 299 OF 1980 339.302 Nomination and appointment pp of board members. Sec. 302. The g governor shall appoint pp an individual as a member of a board with the advice and consent of the senate, including an individual appointed to fill a vacancy on a board. In making an appointment, the governor shall seek nominations from a wide range of interested groups and persons, including appropriate professional associations, consumer associations, labor unions, and other organizations or individuals. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980 339.303 Terms of board members; vacancy; appointment and removal of members;; qualifications; q ; terms. Sec. 303. (1) The term of a member appointed to a board shall be 4 years except that an individual appointed to fill a vacancy on a board which vacancy results from a member's resignation, death, disability, or removal for cause by the governor shall serve for the balance of the term of the member replaced and may be reappointed for not more than 2 full terms. A vacancy shall be filled in the same manner as the original appointment was made. The governor shall appoint an individual as a member of a board, subject to the advice and consent of the senate, within 60 days after a vacancy occurs and within 60 days after the senate disapproves an appointment by the governor. The governor may remove a member of a board or committee in accordance with section 10 of article V of the state constitution of 1963. ( ) Except (2) p as provided p in subsection ((1), ) an individual shall s not be appointed to or serve for more than 2 consecutive terms. (3) Subject to subsection (4), for a board created or first appointed on or after January 1, 1990, the governor may appoint, as the initial members of the board who are required to be licensed or registered, individuals who meet either or both of the following qualifications: (a) Are certified or otherwise approved by a national organization that certifies or otherwise approves individuals in the occupation to be licensed or registered by the board. (b) Have actively practiced the occupation licensed or registered by the board or taught in an educational institution which prepares applicants for licensure or registration in that occupation, or a combination of both, for not less than the 2 years immediately preceding their appointment. (4) Within 3 years after October 17, 1990, each individual appointed under subsection (3) shall be licensed or registered in the occupation licensed or registered by the board to which the individual was appointed. (5) Of the initial members of a board created or first appointed after January 1, 1990, the terms of 3 of the members, including 2 of the members who have a license or registration in the occupation which the -11-  OCCUPATIONAL CODE, (ARTICLES 1-6, 24) P.A. 299 OF 1980 board monitors and 1 of the members representing the general public, shall be 4 years; the terms of 2 of the members, including 1 of the members who has a license or registration in the occupation which the board monitors and 1 of the members representing the general public, shall be 3 years; the terms of 2 of the members, including 1 of the members who has a license or registration in the occupation which the board monitors and 1 of the members who represents the general public, shall be 2 years; and the terms of the remaining members shall be 1 year. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1981, Act 83, Imd. Eff. July 1, 1981 ;-- Am. 1990, Act 269, Imd. Eff. Oct. 17, 1990 ;-- Am. 1994, Act 257, Imd. Eff. July 5, 1994 339.303a Commencement of terms; dates. Sec. 303a. The terms provided for in this act shall commence on the following dates: Accountancy July 1 Architects April 1 Auctioneers October 1 Barbers October 1 Collection agencies July 1 Community planners July 1 Cosmetology January 1 Employment agencies October 1 Foresters April 1 Hearing aid dealers October 1 Land surveyors April 1 Landscape architects July 1 Mortuary science July 1 Professional engineers April 1 Real estate appraisers July 1 Real estate brokers and salespersons July 1 Residential builders April 1 History: Add. 1990, Act 269, Imd. Eff. Oct. 17, 1990 ;-- Am. 1995, Act 104, Imd. Eff. June 23, 1995 ;-- Am. 1995, Act 183, Imd. Eff. Oct. 23, 1995 ;-- Am. 2006, Act 489, Eff. Oct. 1, 2007 -12-  OCCUPATIONAL CODE, (ARTICLES 1-6, 24) P.A. 299 OF 1980 339.304 Compensation and expenses of board members. Sec. 304. Annually the legislature shall fix the per diem compensation of a member of a board. Travel or other expenses incurred by a member of a board in the performance of an official function shall be payable by the department pursuant to the standardized travel regulations of the department of management and budget. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980 339.305 Board; meetings; quorum; voting by proxy prohibited; conduct of meeting; g; availability y of files. Sec. 305. ((1)) A board shall meet as often as necessary y to fulfill its duties under this act,, but shall meet not less than 2 times a y year and at other dates set byy the director. A majority of the members appointed and serving shall constitute a quorum. A member of a board shall not vote by proxy. A board shall conduct its meetings pursuant to Act No. 267 of the Public Acts of 1976, as amended, being sections 15.261 to 15.275 of the g Compiled Michigan p Laws. ( ) The files of the board shall be available to the public under (2) section 208. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980 339.306 Board; election of officers; vacancy; bylaws; report. Sec. 306. (1) Annually a board shall elect a chairperson, a vice- chairperson, and other officers the board determines necessary. A board may fill a vacancy in an office of the board for the balance of the 1-year term. (2) A board may adopt bylaws for the regulation of its internal affairs. (3) A board shall report its activities to the department annually and as often as the director orders. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980 339.307 Board; creation within department; duties; attendance of board member at informal conference;; assisting g department. p Sec. 307. (1) ( Each board created by this act shall be created within p the department. ( ) A board's duties shall include the interpretation (2) p of a licensure or registration g q requirement y the furnishing of an article, and, if necessary, g of aid in an investigation g conducted under article 5. At the discretion of the board, a member of that board may y attend an informal conference conducted under section 508. A board shall assist the department in the implementation of this act. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980 -13-  OCCUPATIONAL CODE, (ARTICLES 1-6, 24) P.A. 299 OF 1980 339.308 Promulgation g of rules. Sec. 308. ((1)) A board shall p promulgate g rules as required q in the article in which it is created as are necessary y and appropriate pp p to fulfill its role. ((2)) A board mayy promulgate p g rules to set the minimal standards of The board acceptable practice for an occupation for which the board is created. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980 make the rules Admin Rule: R 338.1511 et seq.; R 338.2101 et seq.; R 338.5101 et seq.; R 339.601; R 339.6001 et only not laws seq.; R 339.14001 et seq.; R 339.15101 et seq.; R 339.16001 et seq.; R 339.17101 et seq.; R 339.18001 et seq.; R 339.18901 et seq.; R 339.19001 et seq.; R 339.22101 et seq.; and R 339.23101 et seq. of the Michigan Administrative Code. 339.309 Assessment of penalties. p Sec. 309. A board,, upon p completion p of a hearing g conducted pursuant p to section 511, shall assess a penalty or penalties as provided in article 6. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980 The Board make determines the penalties. 339.310 Aiding department in interpreting licensure or registration requirements. p Sec. 310. A board shall aid the department p g a licensure in interpreting or registration g q requirement set forth in this act which is incomplete p or j subjective in nature to determine whether the person p seekingg a license or a certificate of registration g or a renewal has met the requirements for the issuance or renewal. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980 339.313 Recommending licensure of school, institution, or other person; recommending approval or recognition of program offering training or education. Sec. 313. (1) A board shall recommend to the department whether to grant licensure to a school, institution, or other person or approval or recognition of a program which offers training or education in the occupation for which the board is created, unless it is the board's function to grant the licensure, approval, or recognition. (2) Before recommending the licensure, approval, or recognition of a school, institution, or other person or a program, a board shall ascertain whether the school, institution, or other person or program provides the type of training which will provide a graduate with the knowledge and skills required to perform the occupation with competence. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980 -14-  OCCUPATIONAL CODE, (ARTICLES 1-6, 24) P.A. 299 OF 1980 339.314 Recommending approval or recognition of continuing education program. Sec. 314. A board shall recommend to the department the approval or recognition of a program of continuing education which is required by an article, unless it is the board's function to grant the approval or recognition. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980 339.315 Failure to receive licensure, approval, or recognition; protest; review. Sec. 315. A school, institution, or other person which fails to receive licensure or approval, or approval or recognition of a program offered by the school, institution, or person may protest that decision and be granted an opportunity for review of that decision by the department under section 520 or 521. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980 339.316 Examination or test; development; consideration of material in closed session;; alternative form of testing. g Sec. 316. ((1)) Unless otherwise provided p in an article,, a board and the department p shall developp an examination orr test required q byy an article. The board and the department p in developing p g an examination or test mayy adoptp an examination or test prepared p p by y another agency g y if the board and the department p determine that the examination or test serves as a basis for determining g whether a person p has the knowledge and skills to perform an occupation with competence. (2) The material required by the board and the department to develop an examination or test may be considered by the board in a closed session, if the board meets the requirements of section 7 of the open meetings act, 1976 PA 267, MCL 15.267. (3) A board and the department, in determining the form the recommended examination or test shall take, shall give special emphasis to an alternative form of testing which permits a person to demonstrate a special qualification a person may have which is not evident under a written examination, but which is related to an occupation. The alternative form of testing shall be structured to give weight to a person's experience, noninstitutional training, and innate skills and shall be flexible enough to enable a person with a mental or physical disability to demonstrate that the person has the requisite knowledge and skills. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1998, Act 90, Imd. Eff. May 13, 1998 -15-  OCCUPATIONAL CODE, (ARTICLES 1-6, 24) P.A. 299 OF 1980 339.317 Surrendering files of abolished board; personnel, office space, and items or equipment to be utilized by successor board. Sec. 317. (1) A board abolished under this act shall surrender physical dominion over any files to the department. (2) The successor board, until the department determines otherwise, shall utilize the personnel, office space, and items or equipment which were utilized by the abolished board and which are needed for the board to function. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980 Article 4 339.401 Specific amounts to be charged for licenses, registrations, and other activities. Sec. 401. The specific amounts to be charged for licenses, registrations, and other activities provided for in this act shall be as prescribed in the state license fee act, Act No. 152 of the Public Acts of 1979, being sections 338.2201 to 338.2277 of the Michigan Compiled Laws. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1988, Act 463, Eff. Sept. 1, 1989 Compiler's Notes: For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws. 339.402 Definitions. Sec. 402. As used in this article: (a) “Expiration date” means the date prescribed in rules promulgated by the department in accordance with section 202(2). (b) “Reinstatement” means the granting of a license or registration, with or without limitations or conditions, to a person whose license or registration has been revoked. (c) “Relicensure” means the granting of a license to a person whose license has lapsed for failure to renew the license within 60 days after the expiration date. (d) “Reregistration” means the granting of a registration to a person whose registration has lapsed for failure to renew the registration within 60 days after the expiration date. History: Add. 1988, Act 463, Eff. Sept. 1, 1989 -16-  OCCUPATIONAL CODE, (ARTICLES 1-6, 24) P.A. 299 OF 1980 339.403 Collection of fees charged under contract; termination of contract. Sec. 403. (1) This act does not prohibit a person who has a contract with the department or any other person providing direct services from collecting fees directly from an applicant, registrant, or licensee. (2) If the department terminates a contract with a person who has been administering a licensing or registration examination to applicants for licensure or registration in a specific profession, and the department itself begins to administer the examination, the department shall not charge an applicant a fee greater than the fee charged under the terminated contract unless the examination fee for that profession is increased under the state license fee act, Act No. 152 of the Public Acts of 1979, being sections 338.2201 to 338.2277 of the Michigan Compiled Laws. History: Add. 1988, Act 463, Eff. Sept. 1, 1989 339.405 Nonrefundable application processing fee; examination or inspection fee; fee for initial license or registration period. Sec. 405. An application for a license or registration shall be accompanied by a nonrefundable application processing fee. The department may also require that the application be accompanied by the fee for a required examination or inspection or the fee for the initial license or registration period. History: Add. 1988, Act 463, Eff. Sept. 1, 1989 339.407 Examination fee; forfeiture; reexamination fee; publication pp of application deadline. Sec. 407. ((1)) An individual who is required q to take an examination shall pay p y an examination fee before being g scheduled for an examination. This talks ( ) An individual who is scheduled for examination or reexamination (2) about the and who fails to appear pp shall forfeit the examination fee. Fee when (3) ( ) An individual who fails all orr part p of an exam examination ination may y be you are reexamined, if eligible, g after paying p y g for the complete examination or such requiring parts of the examination as must be repeated. to take the (4) The department shall publish in its application instructions the deadline by which applications must be received in order for an applicant exam to be scheduled for a required examination. History: Add. 1988, Act 463, Eff. Sept. 1, 1989 -17-  OCCUPATIONAL CODE, (ARTICLES 1-6, 24) P.A. 299 OF 1980 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. Sec. 409. (1) Except as otherwise provided in section 411, the department shall not issue a license or registration to a person who has completed the requirements for a license or registration or who seeks to renew a license or registration until the person has paid the license or registration fee. (2) License and registration fees shall be prescribed on a per year basis. If licenses and registrations are established by rules promulgated by the department under section 202 as biennial or triennial renewals, the fee required shall be twice or 3 times, as appropriate, the per year amount. (3) Unless otherwise provided by this act or rules promulgated under this act, all requirements for licensure or registration shall be completed by the applicant within 1 year after receipt of the application by the department or mailing of a notice of an incomplete application to the last known address on file with the department, whichever is later. If the requirements are not completed, the fees paid shall be forfeited to the department and the application shall be void. A person whose application has been determined to be void under this subsection shall submit a new application and fees and shall meet the standards in effect on the date of receipt by the department of the new application. History: Add. 1988, Act 463, Eff. Sept. 1, 1989 ;-- Am. 2002, Act 611, Imd. Eff. Dec. 20, 2002 ;-- Am. 2004, Act 264, Imd. Eff. July 23, 2004 339.411 Failure to renew license or registration; conditions to relicensing or reregistration; report; exceptions; temporary exemption; p ; "completed p application" pp defined. Sec. 411. ((1)) Subject j to subsection ((2), ), a p person who fails to renew a license or registration g on or before the expiration p p date shall not practice the occupation, p operate, p orr use the title after the expiration p p date printed This talks on the license or registration. g A license or registration shall lapse on the about failing day after the expiration p date. to renew a ( ) A person (2) p who fails to renew a license or registration g on or before the expiration p p date shall be permitted g to renew the license or registration license byy p payment y of the required q license or registration g fee and a late renewal cannot fee within 60 daysy after the expiration p date. practice any ( ) Except (3) p as otherwise provided p in this act,, a p person who fails to more renew a license or registration g within the time p period set forth in occupational subsection ((2)) may y be relicensed orr reregistered g without examination and without meeting additional education or training requirements in work.. If you didn't renew your license you have a 60day after expiration date but there is late fee-18- License expires 05/31 every 3 $20 fee. without education or training years. in June you will not be able to operate  OCCUPATIONAL CODE, (ARTICLES 1-6, 24) P.A. 299 OF 1980 This is the force at the time off application pp for relicensure or reregistration if all of therequirements following g conditions are met: about ( ) The person (a) p pp applies within 3 years after the expiration date of the reregistering last license or registration. g your license (b) ( ) The person p pays p y an application pp processing p g fee,, the late renewal after fail to fee, and the perp year y g license or registration p fee for the upcoming reregister licensure or registration g period, p , subject j to subsection (8). ( ) within ( ) Penalties and conditions imposed (c) p byy disciplinary p action in this expected state or any other jurisdiction have been satisfied. period of time (d) The person submits proof of having completed the equivalent of 1 year of continuing education within the 12 months immediately preceding the date of application or as otherwise provided in a specific article or by rule, if continuing education is required of licensees or registrants under p a specific article. ( ) Except (4) p as otherwise provided p p in this act, a person mayy be g relicensed or reregistered subsequent q to 3 or more years y after the if you go pass p expiration date of the last license or registration g p showing upon g that the 3year period p person meets the requirements q g for licensure or registration as most people established byy the department p p in rules or procedures which mayy require contact the state, p a person p to pass p of a required all or part q examination, to completep and they continuing g education requirements, or to meet current education or determine which training requirements. all the (5) Unless otherwise provided in this act, a person who seeks requirements you reinstatement of a license or registration shall file an application on a have to do. it's form provided by the department, pay the application processing fee, andpossible you may file a petition to the department and the appropriate board stating have to sit in reasons for reinstatement and including evidence that the person can 60hrs class again. and is likely to serve the public in the regulated activity with competence and in conformance with all other requirements prescribed by law, rule, or an order of the department or board. The procedure to be followed in conducting the review of a petition for reinstatement is prescribed in article 5. If approved for reinstatement, the person shall pay the per year license or registration fee for the upcoming license or registration period if appropriate, in addition to completing any requirements imposed in accordance with section 203(2). (6) Beginning July 23, 2004, the department shall issue an initial or renewal license or registration not later than 90 days after the applicant files a completed application. Receipt of the application is considered the date the application is received by any agency or department of the state of Michigan. If the application is considered incomplete by the department, the department shall notify the applicant in writing, or make information electronically available, within 30 days after receipt of the incomplete application, describing the deficiency and requesting the additional information. The 90-day period is tolled upon notification by the department of a deficiency until the date the requested information is -19-  OCCUPATIONAL CODE, (ARTICLES 1-6, 24) P.A. 299 OF 1980 received by the department. The determination of the completeness of an application does not operate as an approval of the application for the license or registration and does not confer eligibility of an applicant determined otherwise ineligible for issuance of a license or registration. (7) Notwithstanding the time periods described in subsection (6), in the case of a real estate broker and associate broker licensed under article 25, the time period for approval by the department of a completed application is 30 days and the time period for notification sent in writing, or made electronically available, by the department to the applicant regarding an incomplete application is 15 days after the receipt of the application by any agency or department of the state of Michigan. (8) If the department fails to issue or deny a license or registration within the time required by this section, the department shall return the license or registration fee, and shall reduce the license or registration fee for the applicant's next renewal application, if any, by 15%. The failure to issue or deny a license or registration within the time required under this section does not allow the department to otherwise delay the processing of the application, and that application, upon completion, shall be placed in sequence with other completed applications received at that same time. The department shall not discriminate against an applicant in the processing of an application based upon the fact that the license or registration fee was refunded or discounted under this subsection. (9) Beginning October 1, 2005, the director shall submit a report by December 1 of each year to the standing committees and appropriations subcommittees of the senate and house of representatives concerned with occupational issues. The director shall include all of the following information in the report concerning the preceding fiscal year: (a) The number of initial and renewal applications the department received and completed within the 90-day time period described in subsection (6) and the 30-day time period described in subsection (7). (b) The number of applications denied. (c) The number of applicants not issued a license or registration within the applicable time period and the amount of money returned to licensees and registrants under subsection (8). (10) Subsection (6) does not apply to licenses or registrations for any of the following: (a) An interior designer listed under article 6. (b) A certified public accountant and registered accountant under article 7. (c) An agency non-owner manager of a collection agency under article 9. (d) A barber, student barber, student instructor, and barber instructor under article 11. (e) An employment and consulting agent of a personnel agency under article 10. -20-  OCCUPATIONAL CODE, (ARTICLES 1-6, 24) P.A. 299 OF 1980 (f) A cosmetologist, manicurist, natural hair culturist, esthetician, electrologist, instructor, and registered student under article 12. (g) A hearing aid salesperson and trainee under article 13. (h) A mortuary science licensee, embalmer, and resident trainee in mortuary science under article 18. (i) An individual architect, surveyor, and engineer under article 20. (j) A forester under article 21. (k) An individual landscape architect under article 22. (l) A community planner under article 23. (m) An individual residential builder and alteration and maintenance contractor and a salesperson for a residential builder and alteration and maintenance contractor under article 24. (n) A real estate salesperson under article 25. (o) A real estate appraiser under article 26. (p) An ocularist and ocularist apprentice under article 27. (11) Notwithstanding any provision in this act to the contrary, an individual or qualifying officer who is a licensee or registrant under this act and who is mobilized for military duty in the armed forces of the United States by the president of the United States is temporarily exempt from the renewal license fee, continuing education requirements, and any other related requirements of this act. It is the obligation of the licensee or registrant to inform the department by written or electronic mail of the desire to exercise the temporary exemption under this subsection. If the licensee applying for the temporary exemption is the individual responsible for supervision and oversight of licensed activities, notice of arrangements for adequate provision of that supervision and oversight shall be provided to the department. The licensee or registrant shall accompany the request with proof, as determined by the department, to verify the mobilized duty status. The department, upon receiving a request for a temporary exemption under this subsection, shall make a determination of the requestor's status and grant the temporary exemption after verification of mobilized duty status under this subsection. A temporary exemption is valid until 90 days after the licensee's or registrant's release from the mobilized duty upon which the exemption was based, but shall not exceed 36 months from the date of expiration of the license or registration. (12) As used in this section, "completed application" means an application complete on its face and submitted with any applicable licensing or registration fees as well as any other information, records, approval, security, or similar item required by law or rule from a local unit of government, a federal agency, or a private entity but not from another department or agency of the state of Michigan. History: Add. 1988, Act 463, Eff. Sept. 1, 1989 ;-- Am. 1989, Act 261, Eff. Jan. 1, 1990 ;-- Am. 2002, Act 611, Imd. Eff. Dec. 20, 2002 ;-- Am. 2004, Act 264, Imd. Eff. July 23, 2004 ;-- Am. 2004, Act 373, Imd. Eff. Oct. 11, 2004 ;-- Am. 2008, Act 309, Imd. Eff. Dec. 18, 2008 -21-  OCCUPATIONAL CODE, (ARTICLES 1-6, 24) P.A. 299 OF 1980 Admin Rule: R 339.1001 et seq.; R 339.3101 et seq.; R 339.15101 et seq.; R 339.16001 et seq.; R 339.17101 et seq.; R 339.18001 et seq.; and R 339.19001 et seq. of the Michigan Administrative Code. This talks about Article 5 complaint. you can file a g g or filing 339.501 Lodging g complaint. p complaint against Sec. 501. A complaint p which alleges g that a person p has violated this another builder. act or a rule p promulgated g or an order issued under this act shall be g with the department. lodged p p The department of attorneyy general, g the department, a board, or any other person may file a complaint. History: 1980, Act 299, Imd. Eff. Oct. 21, 1980 anybody can file Compiler's Notes: For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see complaint E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws. 339.501a Definitions. Sec. 501a. As used in this article: Employee of ( ) “Complainant” (a) p p means a person p who has filed a complaint with the department department p g g that a person alleging p has violated this act or a rule act as the promulgated p g or an order issued under this act. If a complaint p is made byy complainant the department, p , the director shall designate g 1 or more employees of the department to act as the complainant. p chosen by ( ) “Respondent” (b) p means a person p against g whom a complaint p has director been filed who mayy be a person who is or is required to be licensed or when a registered under this act. complaint is History: Add. 1989, Act 261, Eff. Jan. 1, 1990 Admin Rule: R 339.1001 et seq.; R 339.3101 et seq.; R 339.15101 et seq.; R 339.16001 et seq.; R made 339.17101 et seq.; R 339.18001 et seq.; and R 339.19001 et seq. of the Michigan Administrative Code. 339.502 Investigation; correspondence file; acknowledgment of this talks p when you get complaint; ; complaint p made by y department. p about how Sec. 502. The department, p upon p receipt p of a complaint, p immediatelyy a complaint long depart shall begin g its investigation g g of the allegations p of the complaint and shall you also get. open p a correspondence p p file. The department shall make a written takes to 15 days to acknowledgment g of the complaint p within 15 days y after receipt p of the respond respond back. complaint p to the person p making g the complaint. p If the complaint p is made back to a byy the department, p g the director shall designate 1 or more employees of complaint the department to act as the person making the complaint. after they History: 1980, Act 299, Imd. Eff. Oct. 21, 1980 receive. g 339.503 Investigation; ;p p petition to issue subpoena. Sec. 503. The department p shall conduct the investigation g required q under section 502. In furtherance of that investigation, the department -22- The circuit court. issues a Subpoena. OCCUPATIONAL CODE, (ARTICLES 1-6, 24)