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Personnel Agency License
The Bureau of Commercial Services, Licensing Division
within the Department of Licensing and Regulatory Affairs licenses personnel agencies.
The department is responsible for licensing and regulating personnel agencies
and agents in
New! Renewals for these tasks are accessible through the Michigan Business One Stop portal.
B. STATUTORY AUTHORITY:
PA 299 of 1980 (Occupational Code) Article 10
C. APPLICABLE REGULATION:
D. SUMMARY OF LICENSE/APPROVAL PROCESS:
1. Applicability (activities that require the license)
A personnel agent license is required of any employment agency or consulting
agent operating a personnel agency in
Type A Personnel Agency
A Type A agency assists clients seeking employment or making basic career decisions, and puts a client in direct contact with employers, and receives a fee from the client for the services rendered.
Type B Personnel Agency
A Type B agency assists or consults with a client to make basic career decisions and receives a fee from the client for the services rendered. The services of a Type B agency include: resume preparation, personality evaluation testing, letter writing services, providing lists of employers or executive counseling.
A Personnel Agency must have both an agency license and either a licensed employment agent or consulting agent before the agency can begin offering services. Each agency is required to provide a surety or cash bond, must demonstrate that the premises designated are acceptable for the personnel agency to conduct business from, and provide statements of good moral character of any officers/partners/members and shareholders owning 10% or more of the company. If any agency has more than one location, each location must apply for licensure along with having at least one licensed agent per location.
A Personnel Agency license cannot be transferred to another person or entity. If the ownership of structure of the agency changes, a new personnel agency license must be obtained. Agencies adding new partners, officers or stockholders should contact the department for further instructions.
2. Pre-Application Requirements
3. Application Submission Requirements
Applicants must submit a signed application form and the information that is specified in Article 10 of P.A. 299 of 1980, as amended (Occupational Code) laws and/or rules and directions for completing an application.
4. Procedures and Time-Frame for Obtaining License or Approval
5. Operational Requirements
7. Appeal Process
For the occupations regulated under the Occupational Code, this generally describes the procedure that is followed when an applicant for a license has received a formal denial of the application. The Code calls what they file a Petition for Review and requires that the Department receive it within 30 days. The appeal/petition is placed on the board agenda for the next regularly scheduled board meeting. The Petitioner files a written request to appeal that is accompanied by any documents, which would substantiate their reason why the denial should be overturned and a license granted. The two main categories of denial are: lack of good moral character and failure to meet the license requirements (lack of education, experience, failed exam, etc.) The Board and Department hear the appeal/Petition during the meeting. The Board vote must be agreed upon by the Department; in case of the Board voting to overturn the denial and the Department disagreeing (wanting the denial to stand), the Department has the final decision. If the Petitioner is in attendance, the Petitioner knows the outcome then but either way a letter outlining the results is mailed to the Petitioner. Should the Petitioner wish to appeal an upheld denial determination made at the Board meeting, the next step would be filing in Circuit Court. If the occupation is not under the Occupational Code, the Bureau Director would hear the appeal and any upheld denial by the Bureau Director could also be appealed to Circuit Court.
8. Public Input Opportunities
The public has an opportunity to provide input in various ways. Typical opportunities for input are when administrative rules are being considered at a Public Hearing. The public has an opportunity to address specific draft rules or the rule set overall either in writing or by testimony at the hearing. At open Board Meetings, the public is given an opportunity to address the board on either specific items or in general. At any time a member of the public wishes to address a Bureau practice, policy or procedure, a letter to the Bureau Director may be sent. The Bureau also receives many inquiries or comments by way of letters to the Governor regarding Bureau operations or specific licensure applications.
E. Contact Information:
September 29, 2010
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