Bureau of Professional Licensing Residential Builder FAQ (PA 299 of 1980)

Bureau of Professional Licensing
Residential Builder FAQ
(PA 299 of 1980)
The answers provided are not meant to be a substitute for legal advice.
The laws and rules applicable to this profession are found at the following links:
http://legislature.mi.gov/doc.aspx?mcl-act-299-of-1980
http://legislature.mi.gov/doc.aspx?mcl-299-1980-24
http://w3.lara.state.mi.us/orr/AdminCode.aspx?AdminCode=Department&Dpt=LR&Level_1=
Bureau+of+Professional+Licensing
Contact Information:
Department of Licensing and Regulatory Affairs
Bureau of Professional Licensing
Licensing Division
PO Box 30670
Lansing, Michigan 48909
(517) 373-8068
[email protected]
1. How do I check to see if a person is licensed in a profession or occupation
regulated by the Bureau of Professional Licensing?
Visit Check A License, email the Licensing Division at [email protected], or call the
Licensing Division at (517) 373-8068, to verify the individual or business entity is
licensed. Please note: Being licensed is not a guarantee of the quality of service.
Other things you may want to consider doing:
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•
•
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Ask the licensee to show you their "pocket card" which will contain their
license number.
Visit Check A License to determine if there has been disciplinary action
against the individual or business entity. Please note: Open investigations
are not included.
Ask for and verify references.
Check with the Better Business Bureau.
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2. Can I request a written verification of licensure that will include a detailed status
history of an individual's license?
The State of Michigan offers a detailed license report, which is a signed document providing
the license history. To obtain a detailed history of a license, complete form Detailed License
Verification Request along with the $15.00 processing fee for each number of documents
desired.
The State of Michigan also offers a license status only report, which is a signed document
indicating the current status of the license. You may request a Status Only Verification
Request form at [email protected]. The completed form along with a $5.00 processing
fee must be submitted for each number of documents desired.
3. How do I file a complaint?
You may file a complaint with the Department of Licensing and Regulatory Affairs (LARA)
using the Statement of Complaint form.
4. Does the Department enforce professional standards of a profession or handle
contract disputes?
It varies depending on the occupation and profession. These matters may be addressed by
professional associations that have established standards for its members. Generally,
contract disputes are outside the jurisdiction of the Bureau and may be determined by either
contract provisions or a civil process.
5. Can restitution or corrections of code violations be guaranteed?
No.
6. Is there a deadline to file a complaint against a builder?
Section 2411 of the Occupational Code, Act 299 of 1980, provides the following:
A complaint shall be made within 18 months after the latest of the following regarding a
residential structure or a combination of residential and commercial structure as follows:
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In the case of a maintenance and alteration contract:
o Completion.
o Occupancy.
o Purchase.
In the case of a project requiring an occupancy permit:
o Issuance of the certificate of occupancy or temporary certificate of
occupancy.
o Closing.
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7. May a licensee be represented by an attorney in the administrative complaint
process?
Yes, at the licensee's expense.
8. How will I know that my complaint is received by the Department?
The Department will send you a written confirmation of receipt of your complaint within 15 to
30 days after it has been received.
9. Will the licensee receive a copy of my complaint?
The Department may send a copy of your complaint to the respondent/licensee for an initial
response.
10. What is a formal complaint?
A formal complaint is a legal document issued by the Department that charges a licensee
with statutory or rule violations.
11. What happens after a formal complaint is issued?
A respondent/licensee may request a compliance/settlement conference. If one is not
requested, the matter will be referred to the Michigan Administrative Hearing System for
hearing.
12. What is the purpose of the compliance/settlement conference?
The purpose of the conference is to provide the respondent/licensee the opportunity to show
compliance with the law before an administrative contested case hearing is held. If
settlement is reached, it will be presented to the appropriate licensing board or official for
approval. If an agreement is not reached, an administrative hearing will be scheduled.
13. How will I know if I am needed as a witness?
If you are needed as a witness at a hearing, the Department's hearing representative will
contact you before the hearing.
14. Must the advisory board or Department accept the Administrative Law Examiner's
recommendation of a penalty?
Generally, the advisory board or Department is not bound to accept the Administrative Law
Examiner's recommendation of a penalty.
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15. What are the penalties that may be assessed?
The penalties may include a limitation on a license, suspension, revocation, fine, probation,
or restitution.
16. Who may appeal a final order?
Only the respondent/licensee may appeal the final order to Circuit Court.
17. Who decides on sanctions against a respondent/licensee where a board or
commission does not exist?
The Department.
18. Will the Department return my original documents to me if I request them?
The documents you send to the Department become the property of the Department and will
not be returned to you. You are encouraged to submit copies of the documents and retain
the originals for your personal file.
19. How do I get licensed as a Residential builder or Residential Maintenance &
Alteration (M&A) Contractor Salesperson?
The first step in obtaining a license as a salesperson is to contact PSI Services LLC at
(800)733-9267, or visit their website at www.psiexams.com, to register for the exam. Once
an applicant has passed the salesperson exam, PSI will mail a license application, with preprinted exam information, to the applicant. The salesperson application must then be
completed and submitted to the Licensing Division by the Salesperson and the employing
Residential Builder or M&A Contractor.
20. How do I transfer my Salesperson's license to a different Residential Builder or
Residential M&A Contractor?
If a licensed Salesperson transfers employment from the builder or contractor under which he
or she is presently licensed to a new employer, the Salesperson and new employer shall
submit to the Licensing Division a Salesperson Transfer Application. The transfer application
form can be found under Forms and Publications.
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21. I used to be licensed as a Salesperson, but the license expired. What do I do now?
If your license as a Salesperson expired less than three years ago, you may apply for
relicensure online at www.michigan.gov/mylicense or you may submit a download and submit
the Salesperson Relicensure Application.
If it has been more than three years since you were licensed as a Salesperson, you will need
to retake the Salesperson exam. Contact PSI Services LLC at (800)733-9267, or visit their
website at www.psiexams.com, to register for the exam. Once an applicant has passed the
salesperson exam, you may apply for relicensure online at www.michigan.gov/mylicense or
you may submit a download and submit the Salesperson Relicensure Application.
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