338.888b Investigations and hearings by department of labor; report; grounds for proceeding against person; suspension or revocation of license or registration; restitution; prohibition.

Sec. 8b.

(1) The department of labor shall have the authority to investigate the activities of a person licensed or registered under this act which are related to the person's licensure or registration as an electrical or specialty contractor, master electrician, sign specialist, fire alarm specialty technician, electrical journeyman, fire alarm specialty apprentice technician, or apprentice electrician, which activities include, but are not limited to, the grounds described in subsection (2)(a) through (d). The department of labor may hold hearings pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws, and shall report its findings to the board.

(2) After a hearing under Act No. 306 of the Public Acts of 1969, the board shall proceed under section 8e against a person if the board finds that 1 or more of the following grounds for board action exist:

(a) Fraud or deceit in obtaining a license or registration under this act.

(b) The willful violation of a code.

(c) False advertising.

(d) A violation of this act or rules promulgated under this act except in the case of minor violations as described in section 8c.

(3) Notwithstanding section 8e, the board, upon recommendation of the department of labor, shall suspend or revoke the license of a person whose failure to pay a lien claimant results in a payment being made from the homeowner construction lien recovery fund pursuant to the construction lien act, Act No. 497 of the Public Acts of 1980, being sections 570.1101 to 570.1305 of the Michigan Compiled Laws. The license shall not be renewed and a new license shall not be issued until that person has made full restitution to the fund, including the costs of litigation and interest at the rate set by section 6013 of the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being section 600.6013 of the Michigan Compiled Laws.

(4) The board, after a hearing, shall recommend to a governmental subdivision licensing authority that it revoke or suspend the license or registration issued by it to a person.

(5) Activity regulated under this act and requiring licensure or registration shall not be performed by a person whose license or registration has been suspended or revoked or whose license or registration has expired.

History: Add. 1966, Act 220, Eff. Mar. 10, 1967 ;-- Am. 1990, Act 246, Imd. Eff. Mar. 28, 1991 ;-- Am. 1992, Act 130, Imd. Eff. June 30, 1992