338.3648 Reinstatement; disciplinary action; administrative fine; costs; grounds for summary suspension.

539 words·~2 min read·/mi/chapter-338/338-3648

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Sec. 48.

(1)If it receives an application for reinstatement and the payment of any administrative fine assessed by the commission under this section, the commission may reinstate a revoked license or lift a suspension.

(2)All of the following apply if disciplinary action is taken against a person under this act:

(a)If the disciplinary action does not relate to a contest or event, the commission may, in lieu of suspending or revoking a license, assess an administrative fine in an amount that does not exceed $10,000.00.

(b)If disciplinary action is taken against a person under this act that relates to the preparation for a professional contest or event, the occurrence of a professional contest or event, or any other action taken in conjunction with a professional contest or event, the commission may assess an administrative fine in an amount that does not exceed 100% of the share of the purse to which the holder of the license is entitled for the contest or event.

(c)If disciplinary action is taken against a person under this act that relates to the preparation for an amateur contest or event, the occurrence of an amateur contest or event, or any other action taken in conjunction with an amateur contest or event, the commission may assess an administrative fine in an amount that does not exceed $10,000.00.

(d)If disciplinary action is taken against a person, other than a contestant, that relates to the preparation for a contest or event, the occurrence of a contest or event, or any other action taken in conjunction with a contest or event, the commission may assess an administrative fine in an amount that does not exceed $100,000.00.

(3)The commission may assess an administrative fine under subsection

(2)in addition to, or in lieu of, taking any other disciplinary action against the person.

(4)If an administrative fine is assessed under this section, the commission may recover the costs of the proceeding, including investigative costs and attorney fees. The department or the attorney general may bring an action in a court of competent jurisdiction to recover any administrative fines, investigative and other allowable costs, and attorney fees. The filing of an action to recover fines and costs does not bar the imposition of other penalties or remedies under this act.

(5)Either of the following is grounds for summary suspension of the individual's license under section 42:

(a)A test resulting in a finding of the presence of controlled substances, alcohol, enhancers, stimulants, performance enhancing drugs, or other drugs or substances prohibited by rules promulgated by the department, or derivatives or metabolites of controlled substances, alcohol, enhancers, stimulants, performance enhancing drugs, or other drugs or substances prohibited by rules promulgated by the department.

(b)The refusal or failure of a contestant to submit to the drug testing ordered by an authorized person.

History: 2004, Act 403 , Eff. Feb. 20, 2005 ;-- Am. 2005, Act 49 , Imd. Eff. June 23, 2005 ;-- Am. 2007, Act 196 , Eff. Mar. 27, 2008 ;-- Am. 2015, Act 183 , Eff. Feb. 10, 2016 ;-- Am. 2017, Act 146 , Eff. Jan. 31, 2018