Mich. Comp. Laws § 338.821
Short title.
This act shall be known and may be cited as the "professional investigator licensure act".
Michigan Compiled Laws — PROFESSIONAL INVESTIGATOR LICENSURE ACT (Act 285 of 1965)
Michigan · statute · 285 of 1965, Mich. Comp. Laws · 30 active provisions
Mich. Comp. Laws § 338.822
Definitions.
As used in this act: (a) "Certified public accountant" means a person licensed as a certified public accountant under article 7 of the occupational code, 1980 PA 299, MCL 339.720 to 339.736. (b) "Computer forensics" means the collection, investigation, analysis, and scientific examination of data held on, or retrieved…
Mich. Comp. Laws § 338.823
License required; investigation of prohibited activities; civil or criminal action; violation; penalty.
(1) A person, firm, partnership, company, limited liability company, or corporation shall not engage in the business of professional investigator for hire, fee, or reward, and shall not advertise his or her business to be that of professional investigator or of a professional investigator agency without first obtaining…
Mich. Comp. Laws § 338.824
Exemptions from act.
This act does not apply to any of the following: (a) A person employed exclusively and regularly by an employer in connection with the affairs of the employer only, if there exists a bona fide employer-employee relationship for which the employee is reimbursed on a salary basis. (b) An officer or employee of the United…
Mich. Comp. Laws § 338.825
License; issuance, duration.
(1) The department, upon application and after making a determination that the applicant is qualified, shall issue the applicant a license to conduct business as a professional investigator for a period of 3 years from date of issuance. (2) Upon the issuance of a license under this act to conduct business as a professi…
Mich. Comp. Laws § 338.826
License; qualifications; reciprocal agreements.
(1) The department shall issue a license to conduct business as a professional investigator if satisfied that the applicant is a person, or if a firm, partnership, company, limited liability company, or corporation, the sole or principal license holder is a person who meets all of the following qualifications: (a) Is a…
Mich. Comp. Laws § 338.827
Application for license; notarized statement as to qualifications; investigation of applicant.
(1) The department shall prepare a standard uniform application. The applicant shall obtain notarized reference statements from at least 5 reputable citizens who swear that they have known the applicant and his or her qualifications for a period of at least 5 years and believe that the applicant is honest, of good char…
Mich. Comp. Laws § 338.828
Application for license by corporation; contents; copy of incorporation certificate.
If the applicant is a corporation, the application shall be signed and verified by the president, secretary and treasurer thereof, and shall specify the name of the corporation, the date and place of its incorporation, the location of its principal place of business, and the name of the city, town or village, stating t…
Mich. Comp. Laws § 338.829
License; conditions of issuance; fee; duration; suspension or revocation; bonds; branch office; filing completed application; issuance of license within certain time period; report; “completed application” defined.
(1) The department, when satisfied of the competency and integrity of the applicant, or if the applicant is a firm, partnership, company, limited liability company, or corporation, of its individual members or officers, shall issue to the applicant a license upon the applicant's paying to the department an application…
Mich. Comp. Laws § 338.830
License; suspension or revocation; grounds; additional sanctions; surrendering license and identification card; noncompliance as misdemeanor.
(1) The department may suspend or revoke a license issued under this act if the department determines that the licensee or licensee's manager, if an individual, or if the licensee is a person other than an individual, that an officer, director, partner, or its manager, has done any of the following: (a) Made false stat…
Mich. Comp. Laws § 338.831
License fee; refund; conditions.
The department shall not refund a license fee unless a showing is made of mistake, inadvertence, error in the collection of the fee, or noncompliance with the time periods described in section 9(4).
Mich. Comp. Laws § 338.832
License; posting.
Upon receipt of a license from the department, the licensee shall post it in a conspicuous place in his or her office.
Mich. Comp. Laws § 338.833
Reporting name or location change in agency; new license.
Any change in the name or location of the agency or of a branch office or subagency shall be reported to the department at least 30 days before the change becomes effective. Upon receipt of the notice of change of name or location, the department shall prepare and forward a license showing the change and the licensee s…
Mich. Comp. Laws § 338.834
Identification card; issuance; form and contents; maintenance, custody, and control; duplicates.
(1) Upon issuing a license, the department shall also issue an identification card to the principal license holder or, if the agency is a partnership, to each partner or, if the license holder is a corporation or limited liability company, to each resident officer, manager, or member. (2) The identification card issued…
Mich. Comp. Laws § 338.835
Nonassignability of license.
A license issued under the provisions of this act is not assignable, and is personal to such licensee.
Mich. Comp. Laws § 338.836
Display of unauthorized badge, shield, identification card, or license; violation; penalties.
(1) A person shall not possess or display a badge or shield that purports to indicate that the holder is a private detective, private investigator, or professional investigator. (2) A licensee may request authorization to provide employee identification cards only upon the express authorization of the department as to…
Mich. Comp. Laws § 338.837
Licensees; employment of assistants; records; false statements; fingerprints.
(1) A licensee may employ as many persons as considered necessary to assist in his or her work of professional investigator and in the conduct of the business. At all times during the employment, the licensee shall have direct involvement in the day-to-day activities and is accountable for the good conduct in the busin…
Mich. Comp. Laws § 338.838
Hiring of person convicted of certain felonies or misdemeanors prohibited; refusal to surrender license or identification card.
(1) A licensee shall not knowingly employ any person who has been convicted of a felony, or convicted of a misdemeanor within the preceding 8 years involving any of the following: (a) Dishonesty or fraud. (b) Unauthorized divulging or selling of information or evidence. (c) Impersonation of a law enforcement officer or…
Mich. Comp. Laws § 338.839
Carrying deadly weapon; license required.
Any person licensed as a professional investigator, or in the employ of a professional investigator agency, is not authorized to carry a deadly weapon unless he is so licensed in accordance with the present laws of this state.
Mich. Comp. Laws § 338.840
Divulging of information; willful sale of or furnishing false information; penalty; privileged communications; notice and hearing.
(1) Any person who is or has been an employee of a licensee shall not divulge to anyone other than his or her employer or former employer, or as the employer shall direct, except as he or she may be required by law, any information acquired by him or her during his or her employment in respect to any of the work to whi…
Mich. Comp. Laws § 338.841
Violation of act; report of conviction by prosecuting attorney.
The prosecuting attorney of the county in which any conviction for a violation of any provision of this act shall, within 10 days thereafter, make and file with the department a report showing the date of the conviction, the name of the person convicted, and the nature of the charge.
Mich. Comp. Laws § 338.842
Advertising; contents; discontinuing misleading advertising; notice.
(1) An advertisement by a licensee soliciting or advertising for business shall contain his or her name and address as they appear in the records of the department. (2) A licensee shall, on notice from the department, discontinue any advertising or the use of any advertisement, seal, or card, that the department determ…
Mich. Comp. Laws § 338.843
Trade names; approval by department.
A licensee shall not use any designation or trade name which has not been first approved by the department and shall not use any designation or trade name that implies any association with any municipal, county, township, or state government or the federal government, or any agency thereof.
Mich. Comp. Laws § 338.844
Record of business transaction and reports; retention.
(1) Each person, partnership, firm, company, limited liability company, or corporation licensed and operating under this act shall make a complete written record of the business transactions and reports made in connection with the operation of the agency. (2) A professional investigator agency that receives or generate…
Mich. Comp. Laws § 338.845
Investigation of applicants; complaints; subpoenas; fees; failure to obey; penalty; testimony under oath.
(1) For the purpose of investigating the character, competency, and integrity of the applicants, or for the purpose of investigating complaints made against the licensee, the director of the department may issue subpoenas and compel the attendance of witnesses. All subpoenas shall be issued under the hand of the direct…
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