324.80192 Convictions requiring order with no expiration date; terminating order; multiple convictions from same incident; judicial review.
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324.80192 Convictions requiring order with no expiration date; terminating order; multiple convictions from same incident; judicial review.
Sec. 80192.
(1)Upon receipt of the appropriate records of conviction, the secretary of state shall issue an order with no expiration date that the person not operate a vessel on the waters of this state to a person having any of the following convictions, whether under a law of this state, a local ordinance substantially corresponding to a law of this state, or a law of another state substantially corresponding to a law of this state:
(a)Four convictions under section 80147, former section 74 of the marine safety act, or a local ordinance substantially corresponding to section 80147 within 7 years.
(b)Two convictions of a felony involving the use of a vessel within 7 years.
(c)Any combination of 2 convictions within 7 years for 1 or more of the following:
(i)A violation of section 80176(1) or former section 171(1) of the marine safety act.
(ii)A violation of former section 73 of the marine safety act.
(iii)A violation of section 80176(4) or
(5)or former section 171(4) or
(5)of the marine safety act.
(d)One conviction under section 80176(4) or
(5)or former section 171(4) or
(5)of the marine safety act.
(e)Any combination of 3 convictions within 10 years for 1 or more of the following:
(i)A violation of section 80176(1), (3), (4), or
(5)or former section 171(1), (3), (4), or
(5)of the marine safety act.
(ii)A violation of former section 73 or former section 73b of the marine safety act.
(2)The secretary of state shall issue an order with no expiration date that a person not operate a vessel on the waters of this state notwithstanding a court order issued under section 80176, section 80185 or 80186, former section 73, 73b, 171, 181, or 182 of the marine safety act, or a local ordinance substantially corresponding to section 80176, section 80185 or 80186, or former section 73 or 73b of the marine safety act.
(3)The secretary of state shall not terminate an order with no expiration date issued under this part until both of the following occur:
(a)The later of the following:
(i)The expiration of not less than 1 year after the order was issued.
(ii)The expiration of not less than 5 years after the date of a subsequent issuance of an order with no expiration date occurring within 7 years after the date of a prior order.
(b)The person meets the requirements of the department.
(4)Multiple convictions resulting from the same incident shall be treated as a single violation for purposes of issuance of an order under this section.
(5)Judicial review of an administrative sanction under this section is governed by the law in effect at the time the offense was committed or attempted.
History: Add. 1995, Act 58, Imd. Eff. May 24, 1995
Popular Name: Act 451
Popular Name: Marine Safety Act
Popular Name: NREPA