Gravlin v. Department of State Police

274 N.W.2d 21, 87 Mich. App. 217, 1978 Mich. App. LEXIS 2664
CourtMichigan Court of Appeals
DecidedNovember 27, 1978
DocketDocket No. 77-1970
StatusPublished

This text of 274 N.W.2d 21 (Gravlin v. Department of State Police) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gravlin v. Department of State Police, 274 N.W.2d 21, 87 Mich. App. 217, 1978 Mich. App. LEXIS 2664 (Mich. Ct. App. 1978).

Opinion

Allen, P.J.

In this original mandamus action filed with this Court, plaintiff seeks an order requiring the Michigan Department of State Police [219]*219to issue her a private detective license. The narrow question raised is whether § 6 of the Private Detective License Act, MCL 338.821 et seq.; MSA 18.184(1) et seq.,1 requires an applicant to satisfy the statutory educational requirement with a degree from a four-year college or from a two-year college. This issue of first impression comes to us on the following facts.

In June 1973, plaintiff, then age 40, graduated with an associate degree in applied science in law enforcement from Northwestern Community College in Traverse City. Intending to become a private detective, she then filed with the Department of State Police an application for license as required by the Private Detective License Act, MCL 338.821 et seq.; MSA 18.184(1) et seq. In January, 1974, the department responded by letter stating that, as interpreted by the department, the statute required an applicant to have a four-year college degree. The department then requested an advisory opinion from the Attorney General who, on March 3, 1976, responded with OAG, 1975-1976, No 4935, p 328, interpreting the statute as requiring a degree from a four-year college. Plaintiff promptly requested a formal hearing on her application, and hearing was held April 6, 1976, at the conclusion of which the application was denied.

In May, 1977, plaintiff filed this original mandamus action for an order requiring the issuance of a license and for compensatory damages of $25,000 for defendants’ alleged arbitrary refusal to issue a license. Thereafter, this Court issued a show cause order, and directed the parties to brief, in addition to the main issue involved, the two issues noted [220]*220below. 2 In April, 1978, this Court granted leave to the Michigan Community College Association to file an amicus brief.

I. Mandamus Jurisdiction

Initially we direct our attention to the jurisdictional issues which this Court directed the parties to brief. The issues were raised and are discussed in a recent opinion of this Court in Saginaw Valley Trotting Ass'n, Inc v Michigan Racing Comm’r, 84 Mich App 564; 269 NW2d 676 (1978). In that case, plaintiffs brought an original mandamus action against the racing commissioner following his denial of a track license. As here, the parties were asked to brief the question of whether mandamus in the Court of Appeals was an appropriate remedy in view of the fact that MCL 600.4401; MSA 27A.4401 now provides for mandamus in circuit court. Our Court held that in future cases involving review of a denial by the racing commissioner, mandamus should start in the circuit court. But the decision was limited as evidenced by two quotations from that opinion.

"Plaintiffs did follow the standard procedure for mandamus as it existed up to this time. Therefore, we limit our decision in this case to complaints for mandamus filed in this Court after the date of this opinion, and will not deny plaintiffs access to the remedy they invoked on grounds that they brought their action in the wrong court. Furthermore, we limit our opinion to [221]*221complaints for mandamus brought under the racing act. We do not hold .that all mandamus actions against state officers must start in circuit court but we leave this issue for future decision on a case by case basis.5_

In the instant case, mandamus was filed in our Court long before the decision in Saginaw Valley Trotting Ass’n. Therefore, we will not penalize plaintiff for commencing action in the wrong court even if we should conclude that this case should have been commenced in circuit court.

But the question remains, viz. — in view of Saginaw Valley Trotting Ass’n, is an original action of mandamus in the Court of Appeals the proper procedure for review of the denial of a license under the Private Detective License Act? On the facts of this case, we hold that it is. The facts are undisputed. Only a question of law is involved. In Saginaw Valley Trotting Ass’n, as we believe will be true in most instances involving denial of a license, questions of fact were raised. Where only a question or questions of law are involved in suits involving review of license denials and where such denial is not a subject within the Administrative Procedures Act,3 we hold that mandamus may be [222]*222initiated in the Court of Appeals rather than the circuit court. To hold otherwise unnecessarily complicates the judicial process by delaying the determination of law which can be made by this Court.

II. Statutory Interpretation

The relevant section of the Private Detective License Act, MCL 338.826; MSA 18.184(6), reads as follows:

"(1) The secretary of state shall issue a license to conduct business as a private detective or private investigator if he is satisfied that the applicant is a person, or if a firm, partnership, company or corporation, the sole or principal license holder is a person who meets all of the following qualifications:
"(g) For a period of not less than 3 years:
"Has been lawfully engaged in the private detective business on his own account; or
"Has been lawfully engaged in the private detective business as an investigative employee of the holder of a certificate of authority to conduct a detective agency; or "Has been an investigator, detective, special agent or police officer of a city, county or state government or of the United States government; or
"Is a graduate with a degree in a held of police [223]*223administration from an accredited university or college. ” (Emphasis supplied.)

Plaintiff had no on-the-job experience and would qualify for a license only if she met the qualifications underscored above.

Plaintiff and amicus curiae argue that community colleges have existed for 38 years,4 5were given constitutional status in 1963, and in the public mind are considered colleges. This being so, says plaintiff, the word "college” should be given, in accordance to well established rules of statutory construction, its plain and popularly understood meaning. The Attorney General argues just the opposite, claiming that, in Michigan, universities and four-year colleges have been lumped in one category and community colleges have been treated in another category; that universities and colleges and community colleges are referred to in separate sections of the Constitution of 1963,5 and thus in the legislative mind a college is different from a community college; that accordingly the commonly understood meaning of the word college was a four-year college. The Attorney General also argues that the long-standing administrative construction of the Private Detective License Act, that an associate degree from a community college did not meet the statutory requirements, should be controlling. To this latter argument we attach little weight because there is nothing in the record which suggests the issue has even been raised before.

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Cite This Page — Counsel Stack

Bluebook (online)
274 N.W.2d 21, 87 Mich. App. 217, 1978 Mich. App. LEXIS 2664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gravlin-v-department-of-state-police-michctapp-1978.