Michigan Laws 339.5533 – Decision to place limitation; petition to review; reply; removal of limitation
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Michigan Laws 339.5533
- Board: means , in each article of this act that is related to a specific occupation or occupations, the board that is created in that article and composed principally of members of the regulated occupation or occupations, or the commission or other agency that is defined in or designated as the board for purposes of that article. See Michigan Laws 339.5103
- Competence: means a degree of expertise that enables an individual to engage in an occupation at a level that meets or exceeds minimal standards of acceptable practice for the occupation. See Michigan Laws 339.5103
- Department: means the department of licensing and regulatory affairs. See Michigan Laws 339.5103
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- License: includes the whole or part of a governmental permit, certificate, approval, registration, charter, or similar form of permission required under a specific article of this act. See Michigan Laws 339.5105
- Licensee: means a person that is issued a license under this act. See Michigan Laws 339.5105
- Limitation: means a condition, stricture, constraint, restriction, or probation attached to a license that relates to the scope of practice of that occupation by the licensee. See Michigan Laws 339.5105
- Occupation: means a field of endeavor regulated under this act. See Michigan Laws 339.5107
- Person: means an individual, sole proprietorship, partnership, association, limited liability company, corporation, or common law trust or a combination of those legal entities. See Michigan Laws 339.5107
(1) If a limitation is placed on a license or the renewal of a license under section 203 or 205, the licensee, within 30 days after the limitation is placed on the license or renewal of the license, may petition the department in writing for a review of the decision to place the limitation.
(2) The department, in reply to a petition submitted under subsection (1), shall set forth the reasons the department determined that the limitation should be placed on the license or renewal of a license. The department shall send its reply to a petition submitted under subsection (1) to the petitioner within 15 days after the department receives the petition.
(3) The department and a board may remove a limitation on a license or renewal of a license, if, based on a review of the petitioner’s qualifications, the department and the appropriate board determine that the person that submitted a petition under subsection (1) is able to perform with competence each function of the occupation without the limitation.