Section 338.980 - Contractor's license; examination fee; initial and per-year fee for issuance; expiration and renewal; reinstatement; receipt of completed application; issuance of license within

FORBES MECHANICAL CONTRACTORS ACT (EXCERPT)
Act 192 of 1984

338.980 Contractor's license; examination fee; initial and per-year fee for issuance; expiration and renewal; reinstatement; receipt of completed application; issuance of license within certain time period; disposition of fees, money, and other income; report; “completed application” defined.

Sec. 10.

(1) Subject to subsection (8), the examination fee for a contractor's license is $25.00 if paid after September 30, 2012 and $100.00 if paid on or before September 30, 2012. Except as otherwise provided in subsections (2) and (4), the initial and per-year fee for the issuance of a contractor's license is $75.00 if paid after September 30, 2012 and $100.00 if paid on or before September 30, 2012.

(2) An initial or renewal contractor's license issued under this act expires on August 31 every third year and is renewable not later than October 31 upon application and payment of the license fee. For a person applying for an initial or reinstatement contractor's license at a time other than between August 31 and October 31 of the year in which the department issues renewal licenses, the department shall compute and charge the license fee on a yearly pro rata basis beginning in the year of the application until the last year of the 3-year license cycle. All licenses not renewed are void and may be reinstated only upon application for reinstatement and the payment of the license fee. A person who renews his or her license within 3 years after the license is voided pursuant to this section is not subject to reexamination for the license.

(3) Beginning July 23, 2004, the department shall issue an initial or renewal license not later than 90 days after the applicant files a completed application. Receipt of the application is considered the date the application is received by any agency or department of the state of Michigan. If the application is considered incomplete by the department, the department shall notify the applicant in writing, or make the information electronically available, within 30 days after receipt of the incomplete application, describing the deficiency and requesting the additional information. The 90-day period is tolled upon notification by the department of a deficiency until the date the requested information is received by the department. The determination of the completeness of an application does not operate as an approval of the application for the license and does not confer eligibility of an applicant determined otherwise ineligible for issuance of a license.

(4) If the department fails to issue or deny a license within the time required by this section, the department shall return the license fee and shall reduce the license fee for the applicant's next renewal application, if any, by 15%. The failure to issue a license within the time required under this section does not allow the department to otherwise delay the processing of the application, and that application, upon completion, shall be placed in sequence with other completed applications received at that same time. The department shall not discriminate against an applicant in the processing of the application based upon the fact that the license fee was refunded or discounted under this subsection.

(5) Beginning October 1, 2005, the director of the department shall submit a report by December 1 of each year to the standing committees and appropriations subcommittees of the senate and house of representatives concerned with occupational issues. The director shall include all of the following information in the report concerning the preceding fiscal year:

(a) The number of initial and renewal applications the department received and completed within the 90-day time period described in subsection (3).

(b) The number of applications denied.

(c) The number of applicants not issued a license within the 90-day time period and the amount of money returned to licensees under subsection (4).

(6) All fees and money received by the department for the licensing of persons under this act, and any other income received under this act, shall be paid into the state construction code fund created by section 22 of the Stille-DeRossett-Hale single state construction code act, 1972 PA 230, MCL 125.1522.

(7) The department shall annually submit to the members of the legislature a comprehensive report detailing the expenditure of additional money resulting from the 1989 amendatory act that increased the fees contained in this section.

(8) As used in this section, "completed application" means an application complete on its face and submitted with any applicable licensing fees as well as any other information, records, approval, security, or similar item required by law or rule from a local unit of government, a federal agency, or a private entity but not from another department or agency of the state of Michigan.


History: 1984, Act 192, Eff. Oct. 1, 1984 ;-- Am. 1989, Act 105, Eff. Oct. 1, 1989 ;-- Am. 1997, Act 119, Imd. Eff. Oct. 24, 1997 ;-- Am. 2004, Act 271, Imd. Eff. July 23, 2004 ;-- Am. 2008, Act 372, Imd. Eff. Dec. 23, 2008
Compiler's Notes: Former MCL 338.971 to 338.991, deriving from Act 208 of 1953 and pertaining to residential builders, were repealed by Act 383 of 1965, Eff. Apr. 1, 1966, and Act 12 of 1966, Eff. Sept. 1, 1966.