287.339b Violation of act or rule; sanctions; court action or order.

332 words·~2 min read·/mi/chapter-287/287-339b

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Sec. 9b.

(1)If a person violates this act or a rule promulgated under this act, the director, after notice and an opportunity for an evidentiary hearing under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, may do either or both of the following:

(a)Suspend or revoke a license or registration issued to the person under this act.

(b)Impose an administrative fine of not more than $1,000.00 for each violation. The director shall advise the attorney general of the failure of a person to pay an administrative fine under this section. The attorney general shall bring a civil action to recover the administrative fine and costs and fees. The administrative fine shall be deposited in the agriculture licensing and inspection fees fund created in section 9 of the insect pest and plant disease act, 1931 PA 189, MCL 286.209.

(2)In addition to any other action authorized by this act, the director may bring an action to do 1 or more of the following:

(a)Obtain a declaratory judgment that a method, act, or practice is in violation of this act.

(b)Obtain an injunction against a person who is engaging, or about to engage, in a method, act, or practice that violates this act.

(3)If a person fails to comply with a contract for the alteration of a dog, cat, or ferret as required under section 8a, a court with appropriate jurisdiction may order transfer of ownership of the adopted animal only to 1 of the following:

(a)The facility from which the animal was adopted.

(b)A veterinarian, animal control shelter, or animal protection shelter willing to accept the animal and either humanely euthanize the animal or adopt the animal to an owner who agrees to have the animal altered.

History: Add. 1997, Act 7 , Eff. Jan. 1, 1998 ;-- Am. 2007, Act 79 , Imd. Eff. Sept. 30, 2007