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Professional Investigation Agency LicenseThe
Bureau of Commercial Services, Licensing Division within the Department of Licensing and Regulatory Affairs licenses professional investigator agencies. Professional Investigators are regulated under
Public Act 285 of 1965, as amended ("the Act"). The Act defines a
Professional Investigator as a person who accepts employment to conduct
investigation business.
New! Renewals for these tasks are accessible through the Michigan Business One Stop portal. A. NAME OF LICENSE OR APPROVAL:
Professional
Investigation Agency Application form Other
Professional Investigation forms
B. STATUTORY AUTHORITY: PA 285
of 1965 (Occupational Code)
C. APPLICABLE REGULATION: N/A
D. SUMMARY OF LICENSE/APPROVAL PROCESS: 1.
Applicability (activities that require the license)
The following is a summary of the
requirements to become licensed as a professional investigator. For the
complete requirement details see the Professional Investigator Licensure Act,
Act 285 of 1965, as amended. A licensed professional investigator must meet the
following requirements: (a) Is a citizen of the (b) Is not less than 25 years of age. (c) Has a high
school education or its equivalent. (d) Has not been convicted of a felony,
or a misdemeanor involving any of the following: (i) Dishonesty or fraud. (ii)
Unauthorized divulging or selling of information or evidence. (iii)
Impersonation of a law enforcement officer or employee of the (iv) Illegally using, carrying, or possessing a dangerous
weapon. (v)
Two or more alcohol related offenses. (vi) Controlled substances as defined under the Michigan
Public Health Code. (vii)
An assault. (e) Has not been dishonorably
discharged from a branch of the (f) For a period of not less than 3
years has been or is any of the following on a full-time basis: (i) Lawfully engaged in the professional investigation
business as a licensee, registrant, or investigative employee in another state.
(ii)
Lawfully engaged in the investigation business as an investigative employee of
the holder of a license to conduct a professional investigation agency. (iii)
An investigator, detective, special agent, intelligence specialist, parole
agent, probation officer, or certified police officer employed by any
government executive, military, judicial, or legislative agency, or other
public authority engaged in investigative or intelligence activities. (iv) A graduate of an accredited institution of higher
education with a baccalaureate or postgraduate degree in the field of police
administration, security management, investigation, law, criminal justice, or
computer forensics certificated study that is acceptable to the department. (v)
Lawfully engaged in the investigation business as a full-time proprietary or
in-house investigator employed by a business or attorney, or as an
investigative reporter employed by a recognized media outlet, acceptable to the
department. (g) Has posted a $10,000.00 bond or
insurance policy provided for in this act. (2)
In the case of a person, firm, partnership, company, limited liability company,
or corporation now doing or seeking to do business in this state, the manager
shall comply with the qualifications of this section. 2.
Pre-Application Requirements
N/A 3.
Application Submission Requirements
Applicants must submit a signed
application form and the information that is specified in P.A. 285 of 1965, as
amended (Occupational Code) laws and/or rules and directions for completing an
application. 4. Procedures
and Time-Frame for Obtaining License or Approval
N/A 5.
Operational Requirements
N/A 6. Fees
Sole
Proprietor/LLC/Corporation Application $750.00 Sole
Proprietor/LLC/Corporation Renewal $300.00 Sole
Proprietor/LLC/Corporation Re-licensure $750.00 Fingerprints
$49.25
Branch
Office Application $125.00 Branch
Office Renewal $125.00 Re-licensure
$125.00 7.
Appeal Process
For the occupations regulated under the
Occupational Code, this generally describes the procedure that is followed when
an applicant for a license has received a formal denial of the application. The
Code calls what they file a Petition for Review and requires that the
Department receive it within 30 days. The appeal/petition is placed on the
board agenda for the next regularly scheduled board meeting. The Petitioner
files a written request to appeal that is accompanied by any documents, which
would substantiate their reason why the denial should be overturned and a
license granted. The two main categories of denial are: lack of good moral
character and failure to meet the license requirements (lack of education,
experience, failed exam, etc.) The Board and Department hear the
appeal/Petition during the meeting. The Board vote must be agreed upon by the
Department; in case of the Board voting to overturn the denial and the
Department disagreeing (wanting the denial to stand), the Department has the
final decision. If the Petitioner is in attendance, the Petitioner knows the outcome
then but either way a letter outlining the results is mailed to the Petitioner.
Should the Petitioner wish to appeal an upheld denial determination made at the
Board meeting, the next step would be filing in Circuit Court. If the
occupation is not under the Occupational Code, the Bureau Director would hear
the appeal and any upheld denial by the Bureau Director could also be appealed
to Circuit Court. 8.
Public Input Opportunities
The public has an opportunity to
provide input in various ways. Typical opportunities for input are when
administrative rules are being considered at a Public Hearing. The public has
an opportunity to address specific draft rules or the rule set overall either
in writing or by testimony at the hearing. At open Board Meetings, the public
is given an opportunity to address the board on either specific items or in
general. At any time a member of the public wishes to address a Bureau
practice, policy or procedure, a letter to the Bureau Director may be sent. The
Bureau also receives many inquiries or comments by way of letters to the
Governor regarding Bureau operations or specific licensure applications.
Creation/Revision
Date: September 29, 2010 | |||||
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