September 11, 2012, Introduced by Senator JANSEN and referred to the Committee on Appropriations.
A bill to amend 1979 PA 152, entitled
"State license fee act,"
by amending sections 2, 3, 13, 15, 17, 21, 23, 25, 27, 28, 29,
31, 37, 38, 39, 43, and 62 (MCL 338.2202, 338.2203, 338.2213,
338.2215, 338.2217, 338.2221, 338.2223, 338.2225, 338.2227,
338.2228, 338.2229, 338.2231, 338.2237, 338.2238, 338.2239,
338.2243, and 338.2262), section 2 as amended by 1999 PA 171,
sections 3, 13, 17, 21, 23, 25, 27, 28, 29, 31, 37, 38, 43, and
62 as amended by 2007 PA 77, section 15 as amended by 2008 PA
491, and section 39 as amended by 2007 PA 158.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 2. As used in this act:
2 (a) "Department" means the department of consumer
and
1 industry services.licensing
and regulatory affairs.
2 (b) "Occupational code" means 1980 PA 299, MCL 339.101 to
3 339.2721.339.2919.
4 Sec. 3. (1) Except as otherwise provided for in section 37,
5 the fees prescribed by this act shall be used only to offset the
6 cost of operating the department.
7 (2) The
licensing and regulation fund is created in the
8 state treasury. All of the following apply to the licensing and
9 regulation fund:
10 (a) Except as otherwise provided in sections 11, 37, 38, and
11 51, 39, the fees collected pursuant to under this
act shall be
12 credited to deposited
into the general fund.
of the state.
13 (b) Money in the fund shall be used only to offset the cost
14 of operating the department.
15 (c) The state treasurer shall direct the investment of the
16 fund and shall credit to the fund interest and earnings from fund
17 investments.
18 (d) Money in the fund at the close of the fiscal year shall
19 remain in the fund and shall not lapse to the general fund.
20 (e) The department is the administrator of the fund for
21 auditing purposes.
22 Sec. 13. (1) Fees for a person licensed or seeking licensure
23 as an architect under article 20 of the occupational code, MCL
24 339.2001 to 339.2014, are as follows:
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25 |
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(a) |
Application processing fee................ $ 30.00 |
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26 |
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(b) |
Supplemental application processing fee... 20.00 |
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1 |
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(c) |
License fee, per year..................... 35.00 |
2 (2) Fees for a person licensed or seeking licensure as a
3 professional engineer under article 20 of the occupational code,
4 MCL 339.2001 to 339.2014, are as follows:
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5 |
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(a) |
Application
processing fee |
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6 |
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7 |
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8 |
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9 |
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10 |
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(b) |
Supplemental application processing fee.... 20.00 |
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11 |
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(c) |
License
fee, per year |
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12 |
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13 |
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14 |
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15 |
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16 (3) Fees for a person licensed or seeking licensure as a
17 land surveyor under article 20 of the occupational code, MCL
18 339.2001 to 339.2014, are as follows:
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(a) |
Application
processing fee |
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20 |
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21 |
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22 |
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23 |
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24 |
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(b) |
Supplemental application processing fee.... 20.00 |
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(c) |
Examination fees, if the department |
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26 |
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administers its own examination: |
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27 |
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(i) |
Complete examination....................... 110.00 |
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1 |
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(ii) |
Part 1 of the examination (fundamentals)... 55.00 |
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2 |
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(iii) |
Part 2a of the examination (principles and |
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3 |
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practice).................................. 45.00 |
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4 |
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(iv) |
Part 2b of the examination |
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5 |
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(Michigan practice)........................ 40.00 |
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6 |
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(d) |
Examination review......................... 20.00 |
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7 |
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(e) |
License fee, per year...................... 50.00 |
8 Sec. 15. Fees for a person licensed or seeking licensure as
9 a landscape architect under article 22 of the occupational code,
10 MCL 339.2201 to 339.2211, are as follows:
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11 |
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(a) |
Application processing fee................ $ 200.00 |
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12 |
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(b) |
Supplemental application processing fee... 20.00 |
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13 |
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(c) |
Examination fees, if the department |
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14 |
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administers its own examination: |
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15 |
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(i) |
Complete examination...................... 265.00 |
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16 |
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(ii) |
Section 1 of the examination.............. 25.00 |
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17 |
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(iii) |
Section 2 of the examination.............. 35.00 |
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18 |
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(iv) |
Section 3 of the examination.............. 100.00 |
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19 |
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(v) |
Section 4 of the examination.............. 125.00 |
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20 |
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(d) |
Examination review........................ 25.00 |
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21 |
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(e) |
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22 Sec. 17. (1) Fees for a person licensed or seeking
licensure
23 as a barber, student barber, student instructor, or barber
24 instructor, for a person licensed or seeking licensure to operate
25 a barbershop or barber college, or for a person seeking a permit
26 for a demonstration or a demonstrator's permit under article 11
27 of the occupational code, MCL 339.1101 to 339.1118, are as
28 follows:
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1 |
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(a) |
Application processing fees: |
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2 |
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(i) |
Student
barber |
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3 |
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4 |
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5 |
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6 |
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(ii) |
Barber
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8 |
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9 |
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10 |
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11 |
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12 |
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(iii) |
Student
instructor |
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13 |
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14 |
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15 |
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16 |
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(iv) |
Barber
instructor |
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19 |
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20 |
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21 |
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22 |
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(v) |
Barbershop
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23 |
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24 |
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25 |
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26 |
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(vi) |
Barber
college |
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29 |
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30 |
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1 |
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2 |
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(b) |
Examination fees, if the department |
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3 |
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administers its own examination: |
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4 |
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(i) |
Complete barber examination................ 75.00 |
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5 |
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(A) |
Written portion only....................... 35.00 |
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6 |
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(B) |
Practical portion only..................... 45.00 |
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7 |
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(ii) |
Complete instructor examination............ 75.00 |
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8 |
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(A) |
Written portion only....................... 35.00 |
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9 |
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(B) |
Practical portion only..................... 45.00 |
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10 |
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(c) |
Examination review......................... 20.00 |
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11 |
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(d) |
License fees, per year: |
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12 |
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(i) |
Student
barber |
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13 |
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14 |
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15 |
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16 |
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17 |
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(ii) |
Barber
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18 |
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19 |
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20 |
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21 |
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22 |
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(iii) |
Student
instructor |
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23 |
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24 |
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25 |
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26 |
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27 |
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(iv) |
Barber
instructor |
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28 |
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29 |
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30 |
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31 |
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1 |
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(v) |
Barbershop
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2 |
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3 |
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4 |
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5 |
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6 |
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(vi) |
Barber college............................. 150.00 |
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7 |
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(e) |
Demonstrator's
temporary permit |
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8 |
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9 |
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10 |
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11 |
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12 |
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(f) |
Demonstration
temporary permit |
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13 |
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14 |
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15 |
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16 |
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17 Sec. 21. Fees for a person licensed or seeking licensure to
18 operate a collection agency or to be a collection agency manager
19 under article 9 of the occupational code, MCL 339.901 to 339.920,
20 are as follows:
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21 |
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(a) |
Application processing fees: |
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22 |
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(i) |
Agency
nonowner manager |
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23 |
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24 |
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25 |
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26 |
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27 |
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(ii) |
Agency..................................... 100.00 |
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28 |
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(b) |
Examination fee, if the department |
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29 |
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administers its own examination............ 50.00 |
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1 |
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(c) |
Examination review fee..................... 20.00 |
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2 |
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(d) |
License fee, per year: |
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3 |
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(i) |
Agency nonowner manager.................... 50.00 |
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4 |
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(ii) |
Agency..................................... 125.00 |
5 Sec. 23. Fees for a person registered or seeking
6 registration as a professional community planner under article 23
7 of the occupational code, MCL 339.2301 to 339.2310, are as
8 follows:
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9 |
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(a) |
Application
processing fee |
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10 |
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11 |
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12 |
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|
13 |
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14 |
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(b) |
Supplemental application processing fee.... 20.00 |
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15 |
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(c) |
Examination
fee, |
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16 |
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department administers its own examination. 100.00 |
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17 |
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(d) |
Examination review......................... 25.00 |
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18 |
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(e) |
Registration fee, per year................. 50.00 |
19 Sec. 25. Fees for a person licensed or seeking licensure as
20 a cosmetologist, manicurist, natural hair culturist, esthetician,
21 electrologist, or instructor or a person licensed or seeking
22 licensure to operate a cosmetology establishment or school of
23 cosmetology, seeking a student registration or transfer, or
24 seeking a permit to conduct an apprenticeship program under
25 article 12 of the occupational code, MCL 339.1201 to 339.1218,
26 are as follows:
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1 |
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(a) |
Application processing fees: |
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2 |
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(i) |
Apprenticeship program..................... $ 25.00 |
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3 |
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(ii) |
Cosmetologist, manicurist, natural hair |
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4 |
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culturist, esthetician, electrologist, |
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5 |
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or
instructor |
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6 |
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7 |
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8 |
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9 |
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10 |
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(iii) |
Cosmetology establishment.................. 25.00 |
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11 |
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(iv) |
School of cosmetology...................... 100.00 |
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12 |
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(b) |
Examination fees, if the department |
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13 |
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administers its own examination: |
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14 |
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(i) |
Complete examination for cosmetologist, |
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15 |
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manicurist, natural hair culturist, |
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16 |
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esthetician, electrologist, or |
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17 |
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instructor................................. 25.00 |
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18 |
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(ii) |
Written portion only....................... 15.00 |
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19 |
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(iii) |
Practical portion only..................... 15.00 |
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20 |
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(iv) |
Examination review......................... 20.00 |
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21 |
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(c) |
License fees, per year: |
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22 |
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(i) |
Cosmetologist, manicurist, natural hair |
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23 |
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culturist, esthetician, electrologist, |
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24 |
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or
instructor |
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25 |
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26 |
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27 |
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28 |
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29 |
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(ii) |
Cosmetology establishment.................. 25.00 |
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30 |
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(iii) |
School of cosmetology...................... 100.00 |
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31 |
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(d) |
Student registration or transfer |
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1 |
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fee
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2 |
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3 |
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6 Sec. 27. Fees for a person licensed or seeking licensure as
7 an employment or consulting agent or for a person licensed or
8 seeking licensure to operate a personnel agency under article 10
9 of the occupational code, MCL 339.1001 to 339.1022, are as
10 follows:
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11 |
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(a) |
Application processing fees: |
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12 |
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(i) |
Personnel agency.......................... $ 225.00 |
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13 |
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(ii) |
Employment or consulting agent............. 30.00 |
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14 |
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(iii) |
Officer or stockholder change.............. 25.00 |
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15 |
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(b) |
Examination fee, if the department |
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16 |
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administers its own examination............ 50.00 |
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17 |
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(c) |
Examination review......................... 20.00 |
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18 |
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(d) |
License fee, per year: |
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19 |
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(i) |
Personnel agency.......................... 125.00 |
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20 |
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(ii) |
Employment
or consulting agent |
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21 |
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22 |
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23 |
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24 |
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25 Sec. 28. Fees for an individual registered or seeking
26 registration as an auctioneer under article 29 of the
27 occupational code, MCL 339.2901 to 339.2919, are as follows:
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1 |
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(a) |
Application processing for registered |
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2 |
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auctioneer................................. $ 50.00 |
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3 |
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(b) |
Examination fee for registered auctioneer, |
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4 |
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if the department administers its |
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5 |
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own examination.............................. 50.00 |
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6 |
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(c) |
Registration fees, per year: |
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7 |
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(i) |
Auctioneer - individual..................... 200.00 |
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8 |
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(ii) |
Auctioneer - firm........................... 200.00 |
9 Sec. 29. Fees for a person registered or seeking
10 registration as a forester under article 21 of the occupational
11 code, MCL 339.2101 to 339.2108, are as follows:
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12 |
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(a) |
Application processing fee................. $ 50.00 |
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13 |
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(b) |
Registration
fee, per year |
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14 |
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15 |
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16 |
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17 |
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18 Sec. 31. Fees for a person licensed or seeking licensure as
19 a hearing aid dealer, salesperson, or trainee under article 13 of
20 the occupational code, MCL 339.1301 to 339.1309, are as follows:
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21 |
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(a) |
Application processing fees: |
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22 |
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(i) |
Dealer.................................... $ 20.00 |
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23 |
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(ii) |
Salesperson................................ 20.00 |
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24 |
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(iii) |
Trainee.................................... 10.00 |
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25 |
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(b) |
Examination fees, if the department |
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26 |
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administers its own examination: |
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1 |
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(i) |
Complete dealer examination................ 100.00 |
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2 |
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(ii) |
Dealer examination, per part............... 35.00 |
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3 |
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(iii) |
Complete salesperson examination........... 100.00 |
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4 |
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(iv) |
Salesperson examination, per part.......... 30.00 |
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5 |
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(c) |
Examination review......................... 20.00 |
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6 |
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(d) |
License fees, per year: |
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7 |
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(i) |
Dealer..................................... 80.00 |
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8 |
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(ii) |
Salesperson................................ 50.00 |
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9 |
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(iii) |
Trainee
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10 |
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11 |
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12 |
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13 |
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14 Sec. 37. (1) Fees for a person licensed or seeking licensure
15 as a real estate broker, associate broker, salesperson, or branch
16 office or seeking other licenses or approvals issued under
17 article 25 of the occupational code, MCL 339.2501 to 339.2518,
18 are as follows:
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19 |
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(a) |
Application processing fees: |
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20 |
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(i) |
Brokers
and associate brokers |
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21 |
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22 |
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23 |
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24 |
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25 |
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(ii) |
Salespersons............................... 10.00 |
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26 |
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(iii) |
Branch office.............................. 10.00 |
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27 |
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(b) |
License fees, per year: |
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28 |
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(i) |
Brokers and associate brokers.............. 36.00 |
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29 |
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(ii) |
Salespersons............................... 26.00 |
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1 |
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(c) |
Branch
office fee, per year |
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2 |
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(i) |
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3 |
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4 |
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5 |
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6 |
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(d) |
Sale of out of state property: |
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7 |
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(i) |
Application to sell........................ 20.00 |
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8 |
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(ii) |
Property registration...................... 500.00 |
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9 |
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(iii) |
Renewal of approval to sell................ 20.00 |
10 (2) A fee shall not be is not required for the
registration
11 of property approved under the land sales act, 1972 PA 286, MCL
12 565.801 to 565.835.
13 (3) The real estate education fund is established created in
14 the state treasury. and shall be administered by the department.
15 All of the following apply to the real estate education fund:
16 (a) Fifteen dollars of each license fee received by the
17 department under subsection (1)(b) during that 3-year license
18 cycle shall be deposited with forwarded to the state
treasurer to
19 the credit of for
deposit into the real estate education
fund.
20
(b) The department shall utilize
use the money in the real
21 estate education fund only for the operation of departmental
22 programs related to education required of all licensees or
23 applicants for licensure under article 25 of the occupational
24 code, MCL 339.2501 to 339.2518. Any unexpended balance in the
25 real estate education fund at the end of a fiscal year shall
26 carry forward to the next fiscal year.
27 (c) The state treasurer shall direct the investment of the
1 fund and shall credit to the fund interest and earnings from fund
2 investments.
3 (d) Money in the fund at the close of the fiscal year shall
4 remain in the fund and shall not lapse to the general fund.
5 (e) The department is the administrator of the fund for
6 auditing purposes.
7 (4) The real estate enforcement fund is created in the state
8 treasury. and shall be administered by the department.
Beginning
9 October 1, 2003, $15.00 All
of the following apply to the real
10 estate enforcement fund:
11 (a) Fifteen dollars of each license fee received by the
12 department under subsection (1)(b) during that 3-year license
13 cycle shall be deposited forwarded to the state treasurer for
14 deposit into the real estate enforcement fund.
15 (b) The department in conjunction with the attorney general
16 shall utilize use
the money in the real estate
enforcement fund
17 only for the investigation and enforcement of actions regarding
18 unlicensed activity and real estate fraud. Any unexpended balance
19 in the real estate enforcement fund at the end of a fiscal year
20 shall carry forward to the next fiscal year.
21 (c) The state treasurer shall direct the investment of the
22 fund and shall credit to the fund interest and earnings from fund
23 investments.
24 (d) Money in the fund at the close of the fiscal year shall
25 remain in the fund and shall not lapse to the general fund.
26 (e) The department is the administrator of the fund for
27 auditing purposes.
1 Sec. 38. (1) Fees for an individual licensed or seeking
2 licensure as a state licensed real estate appraiser, a certified
3 general real estate appraiser, a certified residential real
4 estate appraiser, or a limited real estate appraiser under
5 article 26 of the occupational code, MCL 339.2601 to 339.2637,
6 are as follows:
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7 |
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(a) |
Application processing fees: |
|
8 |
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(i) |
Certified general real estate appraiser |
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9 |
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10 |
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11 |
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12 |
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13 |
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14 |
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(ii) |
Certified residential real estate appraiser |
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15 |
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16 |
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17 |
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18 |
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19 |
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20 |
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(iii) |
State licensed real estate appraiser |
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21 |
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22 |
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23 |
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24 |
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25 |
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26 |
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(iv) |
Limited
real estate appraiser |
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27 |
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28 |
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29 |
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30 |
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31 |
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(b) |
Examination fees, if the department |
|
1 |
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|
2 |
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(i) |
Certified general real estate appraiser.... $ 100.00 |
|
3 |
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(ii) |
Certified residential real estate |
|
4 |
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appraiser.................................. $ 100.00 |
|
5 |
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(iii) |
State licensed real estate appraiser....... $ 100.00 |
|
6 |
|
(c) |
License fee, per year: |
|
7 |
|
(i) |
Certified general real estate appraiser.... $ 175.00 |
|
8 |
|
(ii) |
Certified residential real estate |
|
9 |
|
|
appraiser.................................. $ 175.00 |
|
10 |
|
(iii) |
State licensed real estate appraiser....... $ 175.00 |
|
11 |
|
(iv) |
Limited real estate appraiser.............. $ 125.00 |
|
12 |
|
(d) |
Temporary permit fee....................... $ 125.00 |
13 (2) The license fee includes a fee imposed by the federal
14 government under sections 1113 and 1114 of title XI of the
15 financial institutions reform, recovery, and enforcement act of
16 1989, Public Law 101-73, 12
USC 3331 to 3351, 3338 for certified
17 general real estate appraisers, certified residential real estate
18 appraisers, and state licensed real estate appraisers. ,
which
19 shall The amount of
the fee described in this subsection shall
20 not exceed $50.00 per licensee, and which the department shall
21 collect and pay the fee to the federal government pursuant to
22 under section 2637 of the occupational code, MCL 339.2637.
23 (3) The real estate appraiser education fund is established
24
created in the state treasury. and
shall be administered by the
25 department. All of
the following apply to the real estate
26 appraiser education fund:
27 (a) Ten dollars of each fee received under subsection (1)(c)
28 shall be deposited with forwarded
to the state treasurer to the
1 credit of for deposit
into the real estate appraiser
education
2 fund.
3
(b) The department shall utilize
use the money in the real
4 estate appraiser education fund only for the operation of
5 departmental programs related to the education required of all
6 licensees or applicants for licensure under article 26 of the
7 occupational code, MCL 339.2601 to 339.2637. Any unexpended
8 balance in the real estate appraiser education fund at the end of
9 a fiscal year shall carry forward to the next fiscal year.
10 (c) The state treasurer shall direct the investment of the
11 fund and shall credit to the fund interest and earnings from fund
12 investments.
13 (d) Money in the fund at the close of the fiscal year shall
14 remain in the fund and shall not lapse to the general fund.
15 (e) The department is the administrator of the fund for
16 auditing purposes.
17 Sec. 39. (1) Fees for a person licensed or seeking licensure
18 as a residential builder or residential maintenance and
19 alteration contractor, salesperson, or branch office under
20 article 24 of the occupational code, MCL 339.2401 to 339.2412,
21 are as follows:
|
22 |
|
(a) |
Application processing fee................ $ 15.00 |
|
23 |
|
(b) |
Examination fees, if the department |
|
24 |
|
|
administers its own examination: |
|
25 |
|
(i) |
Complete builder or maintenance and |
|
26 |
|
|
alteration contractor examination......... 50.00 |
|
27 |
|
(ii) |
Law and rules portion..................... 30.00 |
|
1 |
|
(iii) |
Practice or trades portion................ 30.00 |
|
2 |
|
(iv) |
Salesperson examination................... 30.00 |
|
3 |
|
(c) |
Examination review........................ 20.00 |
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4 |
|
(d) |
License fee only for the first license |
|
5 |
|
|
cycle of an initial or renewal licensee |
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6 |
|
|
following the effective date of the |
|
7 |
|
|
amendatory act that added subsection (2), |
|
8 |
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|
per year ................................. 60.00 |
|
9 |
|
(e) |
License fee, per year..................... 50.00 |
10 (2) The builder enforcement fund is created in the state
11 treasury. and shall be administered by the department. All of the
12 following apply to the builder enforcement fund:
13
(a) The department shall be is the
administrator of the fund
14 for audit auditing
purposes.
15 (b) A 1-time-only $30.00 allocation from a license fee
16 received by the department under subsection (1)(d) during a
17 single 3-year license cycle shall be deposited into the builder
18 enforcement fund. The department shall make the $30.00 allocation
19 only once per licensee. In the case
20 (c) Five dollars of the $50.00 license fee paid under
21 subsection (1)(e) , $5.00 of that $50.00 fee shall be allocated
22 to deposited into the builder enforcement fund. If on December 1
23 of any year following the calendar year 2010, the
department
24 determines that the balance in the builder enforcement fund is
25 more than $3,000,000.00, the $5.00 allocation to the builder
26 enforcement fund from the $50.00 renewal fee due after January 1
27 of the following year shall not be made. If on any subsequent
1 December 1 the department determines that the balance in the fund
2 is less than $750,000.00, the $5.00 allocation shall resume for
3 any renewal fee due after January 1 of the following year.
4 Notwithstanding section 3, the
5 (d) The department shall utilize the builder enforcement
6 fund only for the enforcement of article 24 of the occupational
7 code, MCL 339.2401 to 339.2412, regarding unlicensed activity as
8 further described in section 601(1) and (2) of the occupational
9 code, MCL 339.601, and to reimburse the attorney general for the
10 reasonable cost of services provided to the department and for
11 expenses incurred in prosecutions for such of unlicensed
practice
12 activity or prosecuting attorney for expenses incurred in
13 conducting prosecutions of such unlicensed practice. Any
14 unexpended balance in the builder enforcement fund at the end of
15 a fiscal year shall carry forward to the next fiscal year.
16 (e) The state treasurer shall direct the investment of the
17 fund and shall credit to the fund interest and earnings from fund
18 investments.
19 (f) Money in the fund at the close of the fiscal year shall
20 remain in the fund and shall not lapse to the general fund.
21 Sec. 43. (1) Fees for a person licensed or seeking
licensure
22 to engage in the practice of mortuary science or to operate a
23 funeral establishment or for a person licensed or seeking
24 licensure as a resident trainee or licensed as an embalmer or
25 funeral director under article 18 of the occupational code, MCL
26 339.1801 to 339.1812, are as follows:
|
1 |
|
(a) |
Application processing fees: |
|
2 |
|
(i) |
Mortuary science license................... $ 20.00 |
|
3 |
|
(ii) |
Funeral establishment license.............. 115.00 |
|
4 |
|
(iii) |
Resident trainee........................... 15.00 |
|
5 |
|
(b) |
Examination fees, if the department |
|
6 |
|
|
administers its own examination: |
|
7 |
|
(i) |
Complete examination....................... 200.00 |
|
8 |
|
(ii) |
National examination only.................. 150.00 |
|
9 |
|
(iii) |
State examination only..................... 50.00 |
|
10 |
|
(c) |
Examination review......................... 25.00 |
|
11 |
|
(d) |
License fees, per year: |
|
12 |
|
(i) |
Mortuary
science |
|
13 |
|
|
|
|
14 |
|
|
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|
15 |
|
|
|
|
16 |
|
|
|
|
17 |
|
(ii) |
Funeral establishment...................... 55.00 |
|
18 |
|
(iii) |
Embalmer................................... 30.00 |
|
19 |
|
(iv) |
Funeral
director |
|
20 |
|
|
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|
21 |
|
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|
22 |
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|
23 |
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|
24 |
|
(v) |
Resident
trainee |
|
25 |
|
|
|
|
26 |
|
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|
27 |
|
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|
28 |
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|
29 Sec. 62. Fees for a person registered or seeking
30 registration as an ocularist or an apprentice ocularist under
1 article 27 of the occupational code, MCL 339.2701 to 339.2721,
2 are as follows:
|
3 |
|
(a) |
Application
processing fee |
|
4 |
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|
5 |
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|
6 |
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|
7 |
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|
8 |
|
(b) |
Registration fee, per year: |
|
9 |
|
(i) |
Ocularist
|
|
10 |
|
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|
11 |
|
|
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|
12 |
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|
13 |
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|
14 |
|
(ii) |
Apprentice
|
|
15 |
|
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|
16 |
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|
17 |
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|
18 |
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