Section 339.105 - Definitions; L to S.
OCCUPATIONAL CODE (EXCERPT)
Act 299 of 1980
339.105 Definitions; L to S.
Sec. 105.
(1) “License” means the document issued to a person under this act which will enable that person to use a designated title and practice an occupation, which practice would otherwise be prohibited by this act. License includes a document issued by the department which permits a school, institution, or person to offer training or education in an occupation or which permits the operation of a facility, establishment, or institution in which an occupation is practiced. License includes a permit or approval.
(2) “Licensee” means a person who has been issued a license under this act.
(3) “Limitation” means a condition, stricture, constraint, restriction, or probation attached to a license or registration relative to the scope of practice including the following:
(a) A requirement that the licensee or registrant perform only specified functions of the licensee's or registrant's occupation.
(b) A requirement that the licensee or registrant perform the licensee's or registrant's occupation only for a specified period of time.
(c) A requirement that the licensee or registrant perform the licensee's or registrant's occupation only within a specified geographical area.
(d) A requirement that restitution be made or certain work be performed before a license or registration is issued, renewed, or reinstated.
(e) A requirement that a financial statement certified by a person licensed as a certified public accountant be filed with the department at regular intervals.
(f) A requirement which reasonably assures a licensee's or registrant's competence to perform the licensee's or registrant's occupation.
(g) A requirement that all contracts of a licensee or registrant be reviewed by an attorney.
(h) A requirement that a licensee or registrant have on file with the department a bond issued by a surety insurer approved by the department or cash in an amount determined by the department.
(i) A requirement that a licensee or registrant deposit money received in an escrow account which can be disbursed only under certain conditions as determined by the licensee or registrant and another party.
(j) A requirement that a licensee or registrant file reports with the department at intervals determined by the department.
(4) “Occupation” means a field of endeavor regulated by this act.
(5) “Person” means an individual, sole proprietorship, partnership, association, corporation, common law trust, or a combination of those legal entities. Person includes a department, board, school, institution, establishment, or governmental entity.
(6) “Physical dominion” means control and possession.
(7) “Physician” means that term as defined in section 17001 and section 17501 of the public health code, Act No. 368 of the Public Acts of 1978, being sections 333.17001 and 333.17501 of the Michigan Compiled Laws.
(8) “Probation” means a sanction which permits a board to evaluate over a period of time a licensee's or registrant's fitness to practice an occupation regulated by this act.
(9) “Public access” means the right of a person to view and copy files pursuant to the freedom of information act, Act No. 442 of the Public Acts of 1976, as amended, being sections 15.231 to 15.246 of the Michigan Compiled Laws.
(10) “Registrant” means a person who is registered under this act.
(11) “Registration” means the document issued to a person under this act which will enable that person to use a designated title, which use would be otherwise prohibited by this act.
(12) “Rule” means a rule promulgated under this act and pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 to 24.328 of the Michigan Compiled Laws.
(13) “State” means the District of Columbia or a commonwealth, state, or territory of the United States.
History: 1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1988, Act 463, Eff. Sept. 1, 1989
Popular Name: Act 299