[ Previous Page] [ Home Page ]
The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 6069 May 24, 1982 PROSECUTING ATTORNEYS: Authority to enforce the criminal provisions of the Occupational Code against unlicensed residential builders The county prosecuting attorney has statutory authority to enforce the criminal provisions of the Occupational Code, 1980 PA 299, for any violations thereof by unlicensed residential builders arising in the county. James J. Gregart Prosecuting Attorney County of Kalamazoo 227 West Michigan Avenue Kalamazoo, Michigan 49006 You have requested my opinion on the following question: May county prosecuting attorneys enforce the provisions of the Occupational Code, 1980 PA 299, Art 24; MCLA 339.2401-2412; MSA 18.425(2401-2412), against unlicensed residential builders and contractors? The Occupational Code, 1980 PA 299, as amended; MCLA 339.101 et seq; MSA 18.425(101) et seq, provides for the regulation of certain occupations, including, among others, residential builders, residential maintenance and alteration contractors and salespersons for them (hereinafter referred to collectively as 'residential builders'). In the Occupational Code, 1980 PA 299, supra, Art 6, et seq, criminal penalties for the unlicensed practice of an occupation subject to regulation by the Act are provided. 1980 PA 299, supra, Sec. 601, in pertinent part, states: '(1) A person shall not engage in or attempt to engage in the practice of an occupation regulated under this act or use a title designated in this act unless the person possesses a license or certification of registration issued by the department of the occupation. (3) A person, school, or institution which violates subsection (1) or (2) is guilty of a misdemeanor, punishable by a fine of not more than $500.00, or imprisonment for not more than 90 days, or both. '(4) A person, school, or institution which violates subsection (1) or (2) a second or any subsequent time is guilty of a misdemeanor, punishable, except as provided in section 707(2), by a fine of not more than $1,000.00, or imprisonment for not more than 1 year, or both. '(5) An investigation may be conducted under article 6 to enforce this section. A person who violates this section shall be subject to the strictures prescribed in this section and section 506.' The basic duties of the prosecuting attorney, in the area of criminal enforcement, are specified in RS 1846, Sec. 53; MCLA 49.153; MSA 5.75, which reads: 'The prosecuting attorneys shall, in their respective counties, appear for the state or county, and prosecute or defend in all the courts of the county, all prosecutions, suits, applications and motions, whether civil or criminal, in which the state or county may be a party or interested.' Thus, at the county level, the prosecuting attorney is the chief law enforcement officer for the county. Genesee Prosecutor v Genesee Circuit Judge, 386 Mich 672; 194 NW2d 693 (1972). Criminal law enforcement within the county is under his or her control, subject only to the supervisory authority of the Attorney General. See, In Re Wyrick, 301 Mich 273; 3 NW2d 272 (1942) and Bloss v Williams, 15 Mich App 228; 166 NW2d 520 (1968). 1980 PA 299, Sec. 601, supra, and RS 1846, Sec. 53, supra, should be read together, and it follows that the prosecuting attorney has the statutory responsibility to prosecute criminal violations of 1980 PA 299, supra, by unlicensed residential builders. The provisions of 1980 PA 299, supra, Sec. 605, to the effect that the Department of Licensing and Regulation may bring any appropriate action to carry out and enforce said Act, do not infringe upon the prosecuting attorney's statutory responsibility under RS 1846, Sec. 53, supra, to prosecute criminal violations committed within the county. Rather, under 1980 PA 299, Sec. 605, supra, the Department of Licensing and Regulation is authorized to initiate criminal complaints with the prosecuting attorney and act as complaining witness in situations involving statutory violations by unlicensed residential builders. Thus, the primary duty for enforcing the provisions of 1980 PA 299, supra, in the area of criminal violations rests with the county prosecuting attorney. Therefore, in answer to your question, it is my opinion that the county prosecuting attorney has the statutory authority to enforce the criminal provisions of 1980 PA 299, supra, against unlicensed residential builders arising in the county. Frank J. Kelley Attorney General
[ Previous Page] [ Home Page ]