Terms Used In Michigan Laws 339.105

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • 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
  • United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
  (1) “License” means the document issued to a person under this act that enables the person to use a designated title and practice an occupation, which practice would otherwise be prohibited by this act. License includes a document issued by the department that permits a school, institution, or person to offer training or education in an occupation or that permits the operation of a facility, establishment, or institution in which an occupation is practiced. License includes a permit or approval.
  (2) “Licensee” means either of the following, as applicable:
  (a) In articles 1 to 6, a person that is licensed or required to be licensed under this act.
  (b) In a specific article of this act, a person that is licensed or required to be licensed under that article.
  (3) “Limitation” means a condition, stricture, constraint, restriction, or probation attached to a license or registration relative to the scope of practice, including the following:
  (a) A requirement that the licensee or registrant perform only specified functions of the licensee’s or registrant’s occupation.
  (b) A requirement that the licensee or registrant perform the licensee’s or registrant’s occupation only for a specified period of time.
  (c) A requirement that the licensee or registrant perform the licensee’s or registrant’s occupation only within a specified geographical area.
  (d) A requirement that restitution be made or certain work be performed before a license or registration is issued, renewed, or reinstated.
  (e) A requirement that a financial statement certified by an individual who is licensed as a certified public accountant be filed with the department at regular intervals.
  (f) A requirement that reasonably ensures a licensee’s or registrant’s competence to perform the licensee’s or registrant’s occupation.
  (g) A requirement that an attorney review all contracts of a licensee or registrant.
  (h) A requirement that a licensee or registrant have on file with the department a bond that is issued by a surety insurer approved by the department or cash in an amount determined by the department.
  (i) A requirement that a licensee or registrant deposit money received in an escrow account that can be disbursed only under certain conditions as determined by the licensee or registrant and another party.
  (j) A requirement that a licensee or registrant file reports with the department at intervals determined by the department.
  (4) “Occupation” means a field of endeavor regulated under this act.
  (5) “Person” means any of the following:
  (a) An individual.
  (b) A sole proprietorship, partnership, association, corporation, limited liability company, or common law trust.
  (c) A combination of persons described in subdivision (a) or (b).
  (d) A department, board, school, institution, establishment, or governmental entity.
  (6) “Physical dominion” means control and possession.
  (7) “Physician” means that term as defined in section 17001 and 17501 of the public health code, 1978 PA 368, MCL 333.17001 and 333.17501.
  (8) “Probation” means a sanction that permits a board to evaluate over a period of time a licensee’s or registrant’s fitness to practice an occupation regulated under this act.
  (9) “Public access” means the right of a person to view and copy files under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
  (10) “Registrant” means a person that is registered under this act.
  (11) “Registration” means the document issued to a person under this act that enables the person to use a designated title, which use would be otherwise prohibited by this act.
  (12) “Rule” means a rule promulgated under this act and under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
  (13) “State” means the District of Columbia or a commonwealth, state, or territory of the United States.
  (14) “Uniformed services” means the Commissioned Corps of the United States Public Health Service and the National Oceanic and Atmospheric Administration Commissioned Officer Corps.
  (15) “Veteran” means that term as defined in section 1 of 1965 PA 190, MCL 35.61.
  
  

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