Michigan Laws 257.1309 – Powers and duties of administrator; rules
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Terms Used In Michigan Laws 257.1309
- Administrator: means the secretary of state or any individual designated by the secretary of state to act in his or her place. See Michigan Laws 257.1302
- Master mechanic: means any of the following:
(i) A motor vehicle mechanic or specialty mechanic who is certified by the department under this act in all of the specific repair or service categories applicable to automobiles or light trucks described in section 10(5). See Michigan Laws 257.1302aMotor vehicle: means a vehicle that is self-propelled, a vehicle that is propelled by electric power, a motorcycle, or a trailer as those terms are defined in the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 257.1302a motor vehicle repair facility: means a place of business that is required to register under this act and that, for compensation, is engaged in the business of performing, or employs individuals who perform, maintenance, diagnosis, vehicle body work, or repair service, or, beginning July 1, 2016, BAIID service, on a motor vehicle. See Michigan Laws 257.1302 Person: means an individual, corporation, limited liability company, partnership, association, or any other legal entity. See Michigan Laws 257.1302a Repair: means the reconditioning, adjustment, alteration, maintenance, or diagnosis of the operating condition of a motor vehicle, with or without the replacement of any component or subassembly of a motor vehicle, for compensation or under the terms of a warranty. See Michigan Laws 257.1302a state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
The administrator shall do all of the following:
(a) Certify master and specialty mechanics and issue permits to mechanic trainees who are subject to this act.
(b) Register motor vehicle repair facilities that are subject to this act.
(c) Keep a complete register of motor vehicle repair facilities, and make that register available for public inspection at the office of the secretary of state.
(d) Keep an accurate listing by name and by certificate number of each specialty and master mechanic who is certified by the administrator at the office of the secretary of state.
(e) Engage in a public information program to inform the public of their rights and remedies under this act.
(f) Inform registered motor vehicle repair facilities at least annually of the rules promulgated under this act, of representative disciplinary hearings, orders, or judgments issued or obtained by the administrator, and suspensions or revocations of registrations or licenses. A motor vehicle repair facility shall inform the mechanics in its employ of these actions.
(g) Establish procedures for receiving complaints relating to alleged violations of this act or rules promulgated under this act.
(h) Establish and collect fees for certification examinations administered by the administrator.
(i) Promulgate any rules that are necessary to implement this act under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(j) Issue declaratory rulings to implement this act. All of the following apply to a declaratory ruling under this subdivision:
(i) The administrator may issue a declaratory ruling concerning the applicability of this act or rules promulgated under this act to an actual statement of facts if the administrator receives a request for a declaratory ruling from an interested person and the interested person submits a clear and concise statement of facts to the administrator. The interested person may submit to the administrator a brief or other reference to legal authorities on which the interested person relies concerning the applicability of this act or rules promulgated under this act to the statement of facts.
(ii) If he or she decides to issue a declaratory ruling, the administrator shall provide the interested person that requested the ruling a statement that he or she will issue a declaratory ruling and the date by which the administrator will issue the ruling.
(iii) A declaratory ruling shall include the actual statement of facts provided by the interested person that requested the ruling, the legal authority on which the administrator relies for his or her ruling, if any, and the ruling of the administrator.
(iv) After it is issued, a declaratory ruling is binding on the administrator and he or she may not retroactively change the ruling. However, this subdivision does not prohibit the administrator from prospectively changing a declaratory ruling.