338.2239 Residential builder or residential maintenance and alteration contractor, salesperson, or branch office; fees; builder enforcement fund; creation; administration

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338.2239 Residential builder or residential maintenance and alteration contractor, salesperson, or branch office; fees; builder enforcement fund; creation; administration; allocation; use; carryforward of unexpended balance.

Sec. 39.

(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.

History: 1979, Act 152, Eff. Jan. 1, 1980 ;-- Am. 1980, Act 295, Eff. Jan. 1, 1981 ;-- Am. 1988, Act 461, Eff. Sept. 1, 1989 ;-- Am. 2003, Act 87 , Imd. Eff. July 23, 2003 ;-- Am. 2007, Act 77 , Imd. Eff. Sept. 30, 2007 ;-- Am. 2007, Act 158 , Eff. June 1, 2008 ;-- Am. 2012, Act 308 , Imd. Eff. Oct. 1, 2012

Compiler's Notes: For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.