Michigan Laws 338.2239 – Residential builder or residential maintenance and alteration contractor, salesperson, or branch office; fees; builder enforcement fund; creation; administration; allocation; use; carryforward of unex
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Terms Used In Michigan Laws 338.2239
- Department: means the department of licensing and regulatory affairs. See Michigan Laws 338.2202
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Occupational code: means 1980 PA 299, MCL 339. See Michigan Laws 338.2202
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) Fees for a person licensed or seeking licensure as a residential builder or residential maintenance and alteration contractor, salesperson, or branch office under article 24 of the occupational code, MCL 339.2401 to 339.2412, are as follows:
| (a) | Application processing fee……………. | $ | 15.00 |
| (b) | Examination fees: | ||
| (i) | Complete builder or maintenance and | ||
| alteration contractor examination……… | 50.00 | ||
| (ii) | Law and rules portion………………… | 30.00 | |
| (iii) | Practice or trades portion……………. | 30.00 | |
| (iv) | Salesperson examination………………. | 30.00 | |
| (c) | Examination review…………………… | 20.00 | |
| (d) | License fee only for the first license | ||
| cycle of an initial or renewal licensee | |||
| following the effective date of the | |||
| amendatory act that added subsection (2), | |||
| per year …………………………… | 60.00 | ||
| (e) | License fee, per year………………… | 50.00 |
(2) The builder enforcement fund is created in the state treasury. All of the following apply to the builder enforcement fund:
(a) The department is the administrator of the fund for auditing purposes.
(b) A 1-time-only $30.00 allocation from a license fee received by the department under subsection (1)(d) during a single 3-year license cycle shall be deposited into the builder enforcement fund. The department shall make the $30.00 allocation only once per licensee.
(c) Five dollars of the $50.00 license fee paid under subsection (1)(e) shall be deposited into the builder enforcement fund. If on December 1 of any calendar year the department determines that the balance in the builder enforcement fund is more than $3,000,000.00, the $5.00 allocation to the builder enforcement fund from the $50.00 renewal fee due after January 1 of the following year shall not be made. If on any subsequent December 1 the department determines that the balance in the fund is less than $750,000.00, the $5.00 allocation shall resume for any renewal fee due after January 1 of the following year.
(d) The department shall utilize the builder enforcement fund only for the enforcement of article 24 of the occupational code, MCL 339.2401 to 339.2412, regarding unlicensed activity as further described in section 601(1) and (2) of the occupational code, MCL 339.601, and to reimburse the attorney general for the reasonable cost of services provided to the department and for expenses incurred in prosecutions of unlicensed activity or prosecuting attorney for expenses incurred in conducting prosecutions of unlicensed practice.
(e) The state treasurer shall direct the investment of the fund and shall credit to the fund interest and earnings from fund investments.
(f) Money in the fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund.