285.84 Violation of act or rule; administrative fines; warning; action by attorney general; license revocation; disposition of fine, costs, and recovery.

381 words·~2 min read·/mi/chapter-285/285-84

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Sec. 24.

(1)In addition to any other penalty provided by law, a person who individually, or by the action of his or her agent or employee, or as the employee or agent of another, violates this act or a rule promulgated under this act is subject to 1 of the following administrative fines:

(a)For a first violation, a fine of not less than $50.00 or more than $1,000.00, plus actual costs of the investigation and the amount of any economic benefit associated with the violation.

(b)For a second violation within 2 years from the date of the first violation, a fine of not less than $100.00 or more than $5,000.00, plus actual costs of the investigation and the amount of any economic benefit associated with the violation.

(c)For a third violation within 2 years from the date of the first violation, a fine of not less than $500.00 or more than $10,000.00, plus actual costs of the investigation and the amount of any economic benefit associated with the violation.

(2)Upon the request of a person to whom the director has assessed an administrative fine under subsection (1), the director shall conduct a hearing pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

(3)If the director finds that a violation of this act has occurred despite the exercise of due care, the director may issue a warning instead of imposing an administrative fine under subsection (1).

(4)The director may advise the attorney general of the failure of a person to pay an administrative fine imposed under subsection (1), and the attorney general may bring an action in a court of competent jurisdiction to recover the fine.

(5)The director may revoke the license of a licensee who does not pay an administrative fine imposed under subsection (1).

(6)An administrative fine, costs, and the recovery of any economic benefit associated with a violation collected by the department under this section shall be retained by the department and used pursuant to legislative appropriation for the administration of this act.

History: Add. 2002, Act 80 , Eff. Mar. 31, 2003