Mich. Comp. Laws § 338.41

Definitions.

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OCCUPATIONAL LICENSE FOR FORMER OFFENDERS

Act 381 of 1974

338.41 Definitions.

Sec. 1.

(1) The phrase "good moral character", when used as a requirement for an occupational or professional license or when used as a requirement to establish or operate an organization or facility regulated by this state in a statute of this state or administrative rules promulgated under a statute of this state, means the propensity on the part of an individual to serve the public in the licensed area in a fair, honest, and open manner.

(2) As used in this act:

(a) "Felony" means a violation of a penal law of this state for which the offender may be punished by imprisonment for more than 1 year or an offense expressly designated by law as a felony.

(b) "License" includes a registration.

(c) "Licensing board or agency" means a principal department, or a board or agency within a principal department, that issues occupational or professional licenses.

(d) "Principal department" means a department that has jurisdiction over a licensing board or agency.

History: 1974, Act 381, Eff. Apr. 1, 1975 ;-- Am. 1978, Act 294, Imd. Eff. July 10, 1978 ;-- Am. 2020, Act 368, Eff. Apr. 4, 2021

Compiler's Notes:

For transfer of powers and duties of adult foster care licensing from the department of social services to the director of the department of commerce, see E.R.O. No. 1996-1, compiled at MCL 330.3101 of the Michigan Compiled Laws.

For transfer of powers and duties of the bureau of family services from the department of consumer and industry services to the family independence agency by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to adult foster care, adult foster care facility, adult foster care camp, adult camp, adult foster care family home, and adult foster care group home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.

Notes of Decisions

Cited in 16 cases (3 in the last 5 years), 1988–2022 · leading case: Lawrence v. Van Aken

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Lawrence v. Van Aken (2006) ca6 · cites it 3× “Mich. Comp. Laws Ann. § 338.41 (1). In addition, the state legislature has recognized that the state “supreme court has the power to provide for the organization, government, and membership of the state bar of Michigan, and to adopt rules and regulations concerning the .”

People v. Dunbar (2001) mich · cites it 2× “§ 338.41; MSA 18.1208(1); (2) the solemn oath, as prescribed by this Court pursuant to M.”

Ansell v. Department of Commerce (On Remand) (1997) michctapp · cites it 2× “10 The phrase “good moral character” as used in § 604(d) is defined in § 104(7), which adopts the definition in MCL 338.41; MSA 18.1208(1). The phrase “good moral character” means the licensee’s propensity to serve the public in the licensed area in a fair, honest, and open…”

Froede v. Holland Ladder & Manufacturing Co. (1994) michctapp · cites it 2× “], and as Michigan has passed a Good Moral Character Act, MCLA 338.41 et seq. [MSA 18.1208(1) et seq.”

Rios v. Department of State Police (1991) michctapp · cites it 2× “Before they were amended, the House Bills for these amendments were "tie-barred” to HB 5213 of the 1977 regular session, which became 1978 PA 294 , now MCL 338.41 et seq.; MSA 18.1208(1) et seq.”

Department of Consumer & Industry Services v. Greenberg (1998) michctapp “15(16221)(b)(vi) authorizes the subcommittee to impose sanctions after finding that a licensee lacks good moral character, defined by MCL 338.41(1); MSA 18.1208(1)(1) as “the propensity on the part of the person to serve the *472 public in the licensed area in a fair, honest,…”

Bureau of Health Professions v. Serven (2013) michctapp “” MCL 338.41(1). An alleged comment during an informal interview that HealthQuest *311 had a track record of performing medically unnecessary treatment does not constitute behavior that was unfair, dishonest, and secretive.”

Heller v. Ross (2010) mied · cites it 2× “§ 338.41 (“Definitions”), demonstrates that the phrase “good moral character” is to be construed within a particular context.”

20221117_C359723_95_359723.Opn.Pdf (2022) michctapp · cites it 5× “16104(6) refers to the definition of that phrase in MCL 338.41 through MCL 338.47. MCL 338.41(1) states: The phrase “good moral character”, when used as a requirement for an occupational or professional license or when used as a requirement to establish or operate an…”

In Re Shelly Ann-Marie Sangster Rn (2022) michctapp · cites it 3× “The following excerpt from the hearings examiner’s findings summarizes the conduct of respondent that demonstrated a lack of good moral character in the view of the examiner: The facts in this case are truly disturbing.”

In Re Vernon Eugene Proctor Md (2021) michctapp · cites it 3× “MCL 338.41 to 338.47.” MCL 338.41 in turn defines “good moral character” as “the propensity on the part of an individual to serve the public in the licensed area in a fair, honest, and open manner.”

in Re Vijay Kumar P T (2018) michctapp · cites it 2× ““ ‘Good moral character’ means good moral character as defined and determined under 1974 PA 381 , MCL 338.41 to 338.47.” MCL 333.16104(6). In turn, MCL 338.”

Show all 16 citing cases →

— Mich. Comp. Laws § 338.41(1) — 8 cases

Ansell v. Department of Commerce (On Remand) (1997) michctapp “10 The phrase “good moral character” as used in § 604(d) is defined in § 104(7), which adopts the definition in MCL 338.41; MSA 18.1208(1). The phrase “good moral character” means the licensee’s propensity to serve the public in the licensed area in a fair, honest, and open…”

20221117_C359723_95_359723.Opn.Pdf (2022) michctapp “16104(6) refers to the definition of that phrase in MCL 338.41 through MCL 338.47. MCL 338.41(1) states: The phrase “good moral character”, when used as a requirement for an occupational or professional license or when used as a requirement to establish or operate an…”

in Re Vijay Kumar P T (2018) michctapp ““ ‘Good moral character’ means good moral character as defined and determined under 1974 PA 381 , MCL 338.41 to 338.47.” MCL 333.16104(6). In turn, MCL 338.”

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