OCCUPATIONAL CODE (EXCERPT)
Act 299 of 1980
Article 3
339.301 Boards; composition; qualifications of members; director as ex officio member.
Sec. 301.
Each board shall consist of 9 voting members. Except as otherwise provided in this act, 6 of the members of a board shall be individuals who have a license or registration in the occupation which the board monitors. Except as otherwise 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
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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
339.302 Nomination and appointment of board members.
Sec. 302.
The governor shall appoint 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
Popular Name: Act 299
339.303 Terms of board members; vacancy; appointment and removal of members; qualifications; 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.
(2) Except as provided in subsection (1), an individual shall 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 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
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Am. 1981, Act 83, Imd. Eff. July 1, 1981
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Am. 1990, Act 269, Imd. Eff. Oct. 17, 1990
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Am. 1994, Act 257, Imd. Eff. July 5, 1994
Popular Name: Act 299
339.303a Commencement of terms; dates.Sec. 303a.
The term of office of a member of a board appointed under this article shall commence on 1 of the following dates, as applicable:
| Accountancy |
July
1 |
| Architects |
April
1 |
| Barbers |
October
1 |
| Collection
agencies |
July
1 |
| Cosmetology |
January
1 |
| Employment
agencies |
October
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
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Am. 1995, Act 104, Imd. Eff. June 23, 1995
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Am. 1995, Act 183, Imd. Eff. Oct. 23, 1995
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Am. 2006, Act 489, Eff. Oct. 1, 2007
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Am. 2014, Act 265, Imd. Eff. July 1, 2014
Popular Name: Act 299
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
Popular Name: Act 299
339.305 Board; meetings; quorum; voting by proxy prohibited; conduct of meeting; availability of files.
Sec. 305.
(1) A board shall meet as often as necessary to fulfill its duties under this act, but shall meet not less than 2 times a year and at other dates set by 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 Michigan Compiled Laws.
(2) The files of the board shall be available to the public under section 208.
History: 1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name: Act 299
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
Popular Name: Act 299
339.307 Board; creation within department; duties; attendance of board member at informal conference; assisting department.
Sec. 307.
(1) Each board created by this act shall be created within the department.
(2) A board's duties shall include the interpretation of a licensure or registration requirement of an article, and, if necessary, the furnishing of aid in an investigation conducted under article 5. At the discretion of the board, a member of that board may 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
Popular Name: Act 299
339.308 Promulgation of rules.
Sec. 308.
(1) A board shall promulgate rules as required in the article in which it is created as are necessary and appropriate to fulfill its role.
(2) A board may promulgate rules to set the minimal standards of acceptable practice for an occupation for which the board is created.
History: 1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name: Act 299
Admin Rule: R 338.1511 et seq.; R 338.2101 et seq.; R 338.5101 et seq.; R 339.601; R 339.6001 et 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.
Sec. 309.
A board, upon completion of a hearing conducted pursuant to section 511, shall assess a penalty or penalties as provided in article 6.
History: 1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name: Act 299
339.310 Aiding department in interpreting licensure or registration requirements.
Sec. 310.
A board shall aid the department in interpreting a licensure or registration requirement set forth in this act which is incomplete or subjective in nature to determine whether the person seeking a license or a certificate of registration or a renewal has met the requirements for the issuance or renewal.
History: 1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name: Act 299
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
Popular Name: Act 299
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
Popular Name: Act 299
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
Popular Name: Act 299
339.316 Examination or test; development; consideration of material in closed session; alternative form of testing.
Sec. 316.
(1) Unless otherwise provided in an article, a board and the department shall develop an examination or test required by an article. The board and the department in developing an examination or test may adopt an examination or test prepared by another agency if the board and the department determine that the examination or test serves as a basis for determining whether a person 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
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Am. 1998, Act 90, Imd. Eff. May 13, 1998
Popular Name: Act 299
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
Popular Name: Act 299
Rendered 8/16/2025 3:21 PM
Michigan Compiled Laws Complete Through PA 5 of 2025
Courtesy of legislature.mi.gov