Terms Used In Michigan Laws > Chapter 339 > Act 407 of 2016 > Article 5 - Complaints, Investigations, and Administrative Proceedings

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Board: means , in each article of this act that is related to a specific occupation or occupations, the board that is created in that article and composed principally of members of the regulated occupation or occupations, or the commission or other agency that is defined in or designated as the board for purposes of that article. See Michigan Laws 339.5103
• casino: means a casino or a parking lot, hotel, motel, or retail store owned or operated by a casino, an affiliate, or an affiliated company, regulated by this state pursuant to the Michigan gaming control and revenue act, 1996 IL 1, MCL 432. See Michigan Laws 207.662
• Censure: means an expression of disapproval of a licensee's or registrant's professional conduct, whether or not the conduct is a violation of this act or a rule promulgated or an order issued under this act. See Michigan Laws 339.5103
• Citation: means that term as described in section 537. See Michigan Laws 339.5103
• Competence: means a degree of expertise that enables an individual to engage in an occupation at a level that meets or exceeds minimal standards of acceptable practice for the occupation. See Michigan Laws 339.5103
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Complaint: means an oral or written grievance. See Michigan Laws 339.5103
• Contested case hearing: means a hearing under chapter 4 of the administrative procedures act of 1969, MCL 24. See Michigan Laws 339.5103
• Contract: A legal written agreement that becomes binding when signed.
• Department: means the department of licensing and regulatory affairs. See Michigan Laws 339.5103
• Director: means the director of the department of licensing and regulatory affairs or his or her authorized representative. See Michigan Laws 339.5103
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Formal complaint: means a document that states the charges of each alleged violation and is prepared by the department or the department of attorney general after a complaint is received by the department. See Michigan Laws 339.5105
• Former act: means former 1956 PA 217; former 1984 PA 192; former 1986 PA 54; former 2002 PA 733; or former 1965 PA 290, as applicable. See Michigan Laws 339.5105
• in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• License: includes the whole or part of a governmental permit, certificate, approval, registration, charter, or similar form of permission required under a specific article of this act. See Michigan Laws 339.5105
• Licensee: means a person that is issued a license under this act. See Michigan Laws 339.5105
• Lien: A claim against real or personal property in satisfaction of a debt.
• Limitation: means a condition, stricture, constraint, restriction, or probation attached to a license that relates to the scope of practice of that occupation by the licensee. See Michigan Laws 339.5105
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Occupation: means a field of endeavor regulated under this act. See Michigan Laws 339.5107
• Person: means an individual, sole proprietorship, partnership, association, limited liability company, corporation, or common law trust or a combination of those legal entities. See Michigan Laws 339.5107
• Personal property: All property that is not real property.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Rule: means a rule promulgated under the administrative procedures act of 1969. See Michigan Laws 339.5107
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• 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
• Subpoena: A command to a witness to appear and give testimony.
• Testify: Answer questions in court.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.