Michigan Compiled Laws Act 285 Of 1965 Professional Investigator Licensure Act (338.821 - 338.851)

AN ACT to license and regulate professional investigators; to provide for certain powers and duties for certain state agencies and local officials; to provide for the imposition for certain fees; to protect the general public against unauthorized, unlicensed and unethical operations by professional investigators; to provide for immunity for certain persons under certain circumstances; to provide for penalties and remedies; and to repeal acts and parts of acts.

History: 1965, Act 285, Imd. Eff. July 22, 1965 ;-- Am. 2002, Act 474, Eff. Oct. 1, 2002 ;-- Am. 2008, Act 146, Imd. Eff. May 28, 2008

Section 338.821 Short Title.
This act shall be known and may be cited as the "professional investigator licensure act". History: 1965, Act 285, Imd. Eff. July 22, 1965...
Section 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...
Section 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...
Section 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...
Section 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...
Section 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...
Section 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...
Section 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...
Section 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...
Section 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...
Section 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...
Section 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. History: 1965,...
Section 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...
Section 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...
Section 338.835 Nonassignability Of License.
A license issued under the provisions of this act is not assignable, and is personal to such licensee. History: 1965, Act 285, Imd. Eff....
Section 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...
Section 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...
Section 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...
Section 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...
Section 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...
Section 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,...
Section 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...
Section 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...
Section 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...
Section 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...
Section 338.846 License; Renewal; Fee; Bond.
(1) A license granted under this act may be renewed upon application and the payment of a renewal fee of $300.00, unless reduced under...
Section 338.847 Death Of Licensee; Carrying On Business; Notice To Department; Sale Of Business.
(1) Upon the death of a licensee, the business of the decedent may be carried on for a period of 90 days by any...
Section 338.848 Employment Of Agents; Rules.
(1) The department may employ such agents as are necessary to carry out and to enforce this act. (2) The department may promulgate rules...
Section 338.849 Application Of Act As To License Applications And Renewals.
The requirements of this act as to license applications shall apply to all professional investigators, except those who already have been granted a license...
Section 338.850 Repeals.
Act No. 383 of the Public Acts of 1927, as amended, being sections 338.801 to 338.813 of the Compiled Laws of 1948, is repealed....
Section 338.851 Violation; Penalty.
A licensee, manager, or employee of a licensee who violates this act or a rule promulgated under this act is guilty of a misdemeanor...

Last modified: October 10, 2016