Michigan Laws 28.610 – Investigation of alleged violations
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Terms Used In Michigan Laws 28.610
- Commission: means the Michigan commission on law enforcement standards created in this act or, by express delegation of the Michigan commission on law enforcement standards, its executive director and staff. See Michigan Laws 28.602
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Rule: means a rule promulgated under the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 28.602
- Subpoena: A command to a witness to appear and give testimony.
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(1) The commission may investigate alleged violations of this act or rules promulgated under this act.
(2) In conducting an investigation, the commission may hold hearings, administer oaths, issue subpoenas, and order testimony to be taken at a hearing or by deposition. A hearing held under this section shall be conducted in accordance with chapter 4 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.271 to 24.287. A final decision or order issued by the commission is subject to judicial review as provided in chapter 6 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.301 to 24.306. A petition for judicial review of a final decision or order of the commission shall be adjudicated only in the court of claims.
(3) The commission may issue a subpoena to do either of the following:
(a) Compel the attendance of a witness to testify at a hearing or deposition and give testimony.
(b) Produce books, papers, documents, or other items.
(4) If a subpoena issued by the commission is not obeyed, the commission may petition the court of claims to require the attendance of a witness or the production of books, papers, documents, or other items. The court of claims may issue an order requiring an individual to appear and give testimony or produce books, papers, documents, or other items. Failure to obey an order of the court of claims may be punished by the court as a contempt of court.
(5) The commission has standing to commence an action in the court of claims to compel compliance with this act or 1982 PA 302, MCL 18.421 to 18.429, or an administrative rule promulgated under this act or 1982 PA 302, MCL 18.421 to 18.429.