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Code · Michigan · Chapter 324 — Natural Resources and Environmental Protection

324.82148 Convictions prohibiting operation of snowmobile; order; sharing conviction records; termination of indefinite order; multiple convictions or probate court dispo

685 words·~3 min read·/mi/chapter-324/324-82148

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324.82148 Convictions prohibiting operation of snowmobile; order; sharing conviction records; termination of indefinite order; multiple convictions or probate court dispositions resulting from same incident; hearing; record; judicial review.
Sec. 82148.
(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 snowmobile 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)Two convictions of a felony involving the use of a snowmobile within 7 years.
(b)Any combination of 2 convictions within 7 years for a violation of section 82127(1), section 15a(1) of former 1968 PA 74, or section 15a of former 1968 PA 74, as added by 1980 PA 402.
(c)One conviction under section 82127(4) or
(5)or section 15a(4) or
(5)of former 1968 PA 74.
(d)Any combination of 3 convictions within 10 years for a violation of section 82127(1) or (3), section 15a(1) or
(3)of former 1968 PA 74, or section 15a of former 1968 PA 74, as added by 1980 PA 402.
(2)The department shall seek to enter agreements with the appropriate agencies of other states, Canada, and provinces and territories of Canada for the sharing of records of convictions described in subsection (1).
(3)The secretary of state shall issue an order with no expiration date that a person not operate a snowmobile notwithstanding a court order issued under section 82142, or a local ordinance substantially corresponding to section 82142. The secretary of state shall not terminate an indefinite order 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 indefinite order occurring within 7 years after the date of a prior order.
(b)The person meets the requirements of the department of state.
(4)Multiple convictions or probate court dispositions resulting from the same incident shall be treated as a single violation for purposes of issuance of an order under this section.
(5)A person who is aggrieved by the issuance of an order by the secretary of state under this section may request a hearing with the secretary of state. The hearing shall be requested within 14 days after issuance of an order under this section by the secretary of state. If a hearing is requested, the secretary of state shall hold the hearing in the same manner and under the same conditions as provided in section 322 of the Michigan vehicle code, 1949 PA 300, MCL 257.322.
(6)The hearing officer shall make a record of proceedings held under subsection (5). The record shall be prepared and transcribed in accordance with section 86 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.286. Upon notification of the filing of a petition for judicial review under section 82150 and not less than 10 days before the matter is set for review, the hearing officer shall transmit to the court in which the petition is filed the original or a certified copy of the official record of the proceedings. The parties to the proceedings for judicial review may stipulate that the record be shortened. A party unreasonably refusing to stipulate to a shortened record may be taxed by the court in which the petition is filed for the additional costs. The court may permit subsequent corrections to the record.
(7)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 ;-- Am. 2005, Act 175 , Imd. Eff. Oct. 12, 2005 ;-- Am. 2014, Act 404 , Eff. Mar. 31, 2015
Popular Name: Act 451
Popular Name: NREPA
Popular Name: Snowmobiles
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