The Bureau of Commercial Services, Licensing Division
within the Department of Licensing and Regulatory Affairs licenses personnel agencies.
The department is responsible for licensing and regulating personnel agencies
and agents in Michigan.
Article 10 of Public Act 299 of 1980 defines a personnel agency as a person engaged
in the business or profession of serving, assisting, or aiding a client seeking
employment, or making basic career decisions and who receives a fee from the
client. A personnel agent is defined as the individual designated by the
personnel agency who is responsible for the general
management of the office.
New! Renewals
for these tasks are accessible through the Michigan Business One Stop portal.
A. NAME OF LICENSE OR APPROVAL:
Personnel Agency Application form
Other Personnel Agency forms
B. STATUTORY AUTHORITY:
PA 299 of 1980 (Occupational Code) Article
10
C. APPLICABLE REGULATION:
Administrative Rules
D. SUMMARY OF LICENSE/APPROVAL PROCESS:
1.
Applicability (activities that require the license)
Personnel Agent
A personnel agent license is required of any employment agency or consulting
agent operating a personnel agency in Michigan.
Agents must successfully complete a written examination, be of good moral
character and be at least 18 years of age.
Type A Personnel Agency
A Type A agency assists clients seeking employment
or making basic career decisions, and puts a client in direct contact with
employers, and receives a fee from the client for the services rendered.
Type B Personnel Agency
A Type B agency assists or consults with a client to make basic career
decisions and receives a fee from the client for the services rendered. The
services of a Type B agency include: resume preparation, personality evaluation
testing, letter writing services, providing lists of
employers or executive counseling.
A Personnel Agency must have both an agency license and either a licensed
employment agent or consulting agent before the agency can begin offering
services. Each agency is required to provide a surety or cash bond, must
demonstrate that the premises designated are acceptable for the personnel
agency to conduct business from, and provide statements of good moral character
of any officers/partners/members and shareholders owning 10% or more of the
company. If any agency has more than one location, each location must apply for
licensure along with having at least one licensed agent per location.
A Personnel Agency license cannot be transferred to another person or
entity. If the ownership of structure of the agency changes,
a new personnel agency license must be obtained. Agencies adding new
partners, officers or stockholders should contact the department for further
instructions.
2.
Pre-Application Requirements
N/A
3.
Application Submission Requirements
Applicants must submit a signed application form and the information that is
specified in Article 10 of P.A. 299 of 1980, 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
- Application Processing
Fees: $225.00
- Per Year License Fees:
$125.00
- Verification of License
Fee: $15.00
- Agency Relicensure
Fee: $370.00
- Duplicate License (if lost,
stolen or destroyed) Fee: $10.00
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.
E. Contact Information:
Contact
Us
Creation/Revision Date:
September
29, 2010
