Michigan Laws 287.968 – Conviction; costs and attorney fees; findings of violations; remedies
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Terms Used In Michigan Laws 287.968
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the Michigan department of natural resources. See Michigan Laws 287.952
- Director: means the director of the Michigan department of natural resources or his or her designee. See Michigan Laws 287.952
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, corporation, limited liability corporation, partnership, association, joint venture, or other legal entity. See Michigan Laws 287.952
(1) A court may allow the department to recover reasonable costs and attorney fees incurred in a prosecution resulting in a conviction for a violation of section 16 or 17.
(2) The director, upon finding that a person has violated any provisions of this act or an order issued by the director as a result of an informal or administrative hearing may do any of the following:
(a) Issue a warning.
(b) Impose an administrative fine of not more than $1,000.00, plus the costs of investigation, for each violation after notice and an opportunity for a hearing. A person aggrieved by an administrative fine issued under this section may request a hearing pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(c) Issue an appearance ticket as described and authorized by section 9a to 9g of chapter 4 of the code of criminal procedure, 1927 PA 175, MCL 764.9a to 764.9g.
(3) The director shall advise the attorney general of the failure of any person to pay an administrative fine imposed under this section. The attorney general shall bring a civil action in a court of competent jurisdiction to recover the fine. Civil penalties collected shall be paid to the general fund.
(4) Notwithstanding any other provisions of this act, the director may bring an action to do either or both of the following:
(a) Obtain a declaratory judgment that a method, activity, or practice is a violation of this act.
(b) Obtain an injunction against a person who is engaging in a method, activity, or practice that violates this act.
(5) The remedies under this act are cumulative and use of 1 remedy does not bar the use of another unless otherwise prohibited by law.