Michigan Laws 338.3741 – Prohibited conduct; opportunity for hearing; penalties
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 338.3741
- Department: means the department of energy, labor, and economic growth. See Michigan Laws 338.3723
- Fraud: Intentional deception resulting in injury to another.
- Licensee: means a PEO licensed under this act. See Michigan Laws 338.3723
- Person: means any individual, partnership, corporation, limited liability company, association, or any other legal entity. See Michigan Laws 338.3723
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(1) Beginning September 1, 2012, a person that commits 1 or more of the following is subject to the penalties described in subsection (2):
(a) Practices fraud or deceit in obtaining or renewing a license.
(b) Aids or abets another person in the unlicensed practice of an occupation.
(c) Engages in activities regulated under this section without obtaining a license under this act or demonstrating that the person is exempt from licensure under this act.
(d) If the person is a licensee or an officer of a licensee, is convicted of a crime relating to the operation of a PEO.
(e) Engages in false advertising.
(2) After notice and opportunity for hearing under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, the department shall do 1 or more of the following if it determines that a person violated this act, a rule adopted under this act, or an order issued under this act:
(a) Place a limitation on a license.
(b) Suspend a license.
(c) Deny a license or renewal of a license.
(d) Revoke a license.
(e) Impose an administrative fine to be paid to the department, not to exceed $5,000.00.
(f) Censure the person or license.
(g) Place the licensee on probation.
(h) Require restitution to be made, based on proofs submitted to and findings made by the hearing examiner after a contested case.