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Michigan Occupational Code
MOAHR is a forum for cases concerning occupational licensing in Michigan.
The Michigan Occupational Code (Occupational Code), 1980 PA 299; MCL 339.101, et seq. is a statute that provides for regulation of fifteen different occupations in the state of Michigan.
Enforcement of the Occupational Code, and administrative rules governing licensed occupations, serves the public by helping to ensure safety, professionalism, ethical conduct, and the general public welfare. The administrative process that oversees occupational licensing promotes the integrity of licensed professions in Michigan.
How Does An Occupational Licensing Matter Come To MOAHR?
The Michigan Department of Licensing and Regulatory Affairs, through the Michigan Bureau of Professional Licensing (BPL) can initiate a formal complaint against a licensee when it believes that disciplinary action is required due to violations of the Occupational Code. When the Bureau files a formal complaint, alleging a violation or violations of the Occupational Code against a licensee, the matter goes through a procedural process which can culminate in being referred to MOAHR for purposes of conducting an impartial administrative hearing. Often, a formal complaint filed by the Bureau stems from an initial consumer complaint or the findings of a professional inspection by a state regulation agent.
After receipt of a formal complaint involving a licensed profession, the matter is assigned to an Administrative Law Judge and a hearing is scheduled. At the hearing, a representative of the Bureau and the Licensee are allowed to present testimony and evidence in support of their respective positions regarding the issues raised in the formal complaint. Both the Bureau and the Licensee may choose to be represented by legal counsel. Administrative hearings are conducted under the Administrative Procedures Act of 1969 (APA), 1969 PA 306, MCL 24.201 et seq., and the Michigan Administrative Hearing Rules.
What Types Of Occupational Licensing Hearings Are Conducted By MOAHR?
Numerous occupational licensing matters are within the jurisdiction of MOAHR. Some of the most frequent occupational licensing hearings conducted by MOAHR are in the professions of Residential Builders, Real Estate (Appraisers/Brokers/Salesperson), Barbers, Cosmetology, and Mortuary Science. Licensure in these diverse professional fields are all governed by the Occupational Code and subject to formal complaint proceedings with MOAHR.
What Authority Does MOAHR Have In The Occupational Licensing Process?
Professions or occupations under the Occupational Code are each governed by a licensing board. After the Administrative Law Judge (ALJ) conducts a hearing, a Hearing Report containing findings of fact and conclusions of law is issued. The ALJ determines whether a violation(s) of the Code and/or rules promulgated under the Code has been established. The ALJ may also make a recommendation as to a penalty to be imposed under the Code for any established violations. MCL 339.513-514.
This Hearing Report is forwarded to the Board of the subject licensed area, with a copy to the parties. Based on the ALJ's findings of fact and conclusions of law within the Hearing Report, the Board determines what penalty, if any, will be imposed under the Code and issues a Final Decision and Order. A party may appeal the Final Decision and Order in a circuit court of proper jurisdiction.
MOAHR cannot provide legal advice, and an Administrative Law Judge cannot discuss a pending matter. However, for general questions regarding occupational licensing matters within MOAHR, inquiries can be made through the MOAHR Lansing office at 517-335-2484.
Frequently Asked Questions
Q. I am a homeowner who filed a complaint against a residential builder with the Bureau, and this led to the issuance of a formal complaint. A hearing is now scheduled with MOAHR. Why can’t I choose to testify at the hearing and present evidence regarding what occurred?
A. In an occupational licensing proceeding regarding a residential builder, the homeowner who filed an underlying complaint is not technically a party to the proceeding. The hearing is a public proceeding that can be attended by a homeowner, and the Bureau may choose to call a homeowner as a witness at a proceeding. However, the Bureau and the Licensee are the entities that have legal standing to participate in the hearing.
Q. Other than professions governed by the Occupational Code, are there other professionally licensed or regulated areas which are subject to hearings conducted by MOAHR?
A. Yes. There are other regulated and/or licensed professions in Michigan. Some of these areas are overseen by the Michigan Corporations, Securities and Commercial Licensing Bureau (CSCL). CSCL licensed areas that can necessitate hearings within MOAHR include diverse fields such as Funeral and Cemetery Prepaid Contract Sellers/Providers and matters under the Unarmed Combat Commission (such as Boxing).
Q. Is there a way I can determine if an individual or business is licensed in Michigan?
A. The following link provides access to a public database of licensees supervised by the Bureau of Professional Licensing and the Corporations, Securities, and Commercial Licensing Bureau: https://www.lara.michigan.gov/colaLicVerify/
Q. Does MOAHR provide oversight of Michigan licensed attorneys?
A. No. Matters regarding licensed attorneys would be handled by the Attorney Grievance Commission of Michigan, and disciplinary hearings regarding attorneys would be conducted by Michigan’s Attorney Discipline Board.
Q. What should I do if I have a legal question regarding my rights and responsibilities as a licensee under the Occupational Code?
A. MOAHR cannot provide legal advice. For general questions regarding licensing, an individual may wish to contact the Bureau of Professional Licensing.