§ 338.823 — License required; investigation of prohibited activities; civil or criminal action; violation; penalty.

Michigan § 338.823

• Jurisdiction: Michigan
• Ch. 338: PROFESSIONS AND OCCUPATIONS
• Act 285 of 1965: PROFESSIONAL INVESTIGATOR LICENSURE ACT (338.821-338.851)

Text

PROFESSIONAL INVESTIGATOR LICENSURE ACT (EXCERPT) Act 285 of 1965 338.823 License required; investigation of prohibited activities; civil or criminal action; violation; penalty. Sec. 3. (1) A person, firm, partnership, company, limited liability company, or corporation shall not engage in the business of professional investigator for hire, fee, or reward, and shall not advertise his or her business to be that of professional investigator or of a professional investigator agency without first obtaining a license from the department. A person, firm, partnership, company, limited liability company, or corporation shall not engage in the business of furnishing or supplying, for hire and reward, information as to the personal character of any person or firm, or as to the character or kind of business and occupation of any person, firm, partnership, company, limited liability company, or corporation and shall not own, conduct, or maintain a bureau or agency for the purposes described in this subsection except as to the financial rating of persons, firms, partnerships, companies, limited liability companies, or corporations without having first obtained a license as a professional investigator from the department. (2) The department, the attorney general, the Michigan state police, or a local law enforcement agency, on its own initiative or at the request of any other person or legal entity, may investigate allegations of a person or legal entity engaging in activities regulated under this act without being appropriately licensed or exempt from licensure under this act. The entity conducting the investigation shall report its findings to the attorney general and county prosecuting attorney having jurisdiction in the location within which the alleged violator is engaged in business. The attorney general or county prosecuting attorney may bring an appropriate civil or criminal action in a court of competent jurisdiction to enjoin any person or legal entity that has engaged or is about to engage in any activity regulated by this act without being appropriately licensed or exempt from licensure under this act. Such an injunction may be issued without proof of actual damage sustained by any person or legal entity. Issuance of an injunction shall not prevent criminal prosecution of a violator. In addition to issuing the injunction, the court may impose a civil violation fine not to exceed $25,000.00. A person or other legal entity who reports to the department, a local law enforcement agency, a county prosecuting attorney, or the attorney general regarding an allegation of unlicensed activity is immune from tort liability for making the report. (3) A person violating this section is guilty of a felony punishable by imprisonment for not more than 4 years or by a penal fine of not more than $5,000.00, or both.

Legislative History

1965, Act 285, Imd. Eff. July 22, 1965 ;-- Am. 1974, Act 114, Eff. July 1, 1974 ;-- Am. 2002, Act 474 , Eff. Oct. 1, 2002 ;-- Am. 2008, Act 146 , Imd. Eff. May 28, 2008