Michigan Laws 290.609b – Servicepersons and agencies; registration requirements; fee; denial, suspension, or revocation of registration; enforcement action
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Terms Used In Michigan Laws 290.609b
- Department: means the department of agriculture and rural development. See Michigan Laws 290.602
- Director: means the director of the department or his or her designee. See Michigan Laws 290.602
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 290.602
- Placed-in-service report: means the approved form issued to registered servicepersons and registered service agencies for their use in accordance with the requirements of section 9b. See Michigan Laws 290.602
- Registered service agency: means an agency, firm, company, or corporation that installs, services, repairs, reconditions, or places into service commercial weights and measures and that holds a registration issued by the director. See Michigan Laws 290.602
- Registered serviceperson: means an individual who installs, services, repairs, reconditions, or places into service commercial weights and measures and who holds a registration issued by the director. See Michigan Laws 290.602
- Registration audit: means an official inspection of a registered service agency's or registered serviceperson's accounts, paperwork, and offices. See Michigan Laws 290.602
- seal: shall be construed to include any of the following:
(a) The impression of the seal on the paper alone. See Michigan Laws 8.3nWeighing and measuring device: means all instruments and devices of every kind used to determine the quantity of any commodity and includes weights and measures and any appliance and accessories associated with any of these instruments and devices, except meters, appliances, and accessories that are part of a public utility regulated by the Michigan public service commission. See Michigan Laws 290.602 Weights and measures: means weights and measures of every kind, instruments and devices for weighing and measuring, grain moisture meters, and any appliances and accessories associated with any or all of those instruments and devices. See Michigan Laws 290.602
(1) The director shall issue a registration for servicepersons and service agencies seeking registration under this section in accordance with the standards described in section 28c. Registration with the director under this section is voluntary.
(2) A person may apply for initial and renewal registration as a serviceperson or service agency in specific competency areas. Competence in a subject matter area may be demonstrated by scoring at least 80% on a department-approved competency test for that area in compliance with the standards described in section 28c. A registrant shall retake the department-approved competency test every 4 years or as otherwise required by law.
(3) The term of registration is 2 years from the date of issuance. A registration may be transferred to a different registered service agency if the registration is retained by the original serviceperson and the new service agency pays the service agency registration fee.
(4) The fee for registration under this section must be established in accordance with section 10b(1).
(5) Certification of standards used by the registered serviceperson or registered service agency must be accomplished by the registrant at least biennially. The certification of standards may be done at any approved laboratory. The registrant shall submit documentation of international standards traceable calibration reports with the registration or renewal application.
(6) Within 5 business days after a device is returned to service or placed in service, the original of a properly executed placed-in-service report, all applicable test or calibration data, and any official department rejection tag removed from the device must be mailed to the director at an address indicated on the tag.
(7) The director may deny, suspend, or revoke a registration for a violation of this act or rules promulgated under this act. Enforcement actions include, but are not limited to, the following:
(a) Written warning.
(b) Conference with the director.
(c) Suspension of the registration.
(d) Revocation of the registration.
(8) Before the suspension or revocation of a registration, the director shall notify the registrant in writing stating the reasons for the registration being subject to suspension or revocation and advising that the registration must be suspended or revoked 15 days after the sending of the notice unless the registrant files a request for a hearing with the department within that 15-day period. If a written request for a hearing is not filed within the 15-day period, the department shall suspend or revoke the registration.
(9) A notice under subsection (8) is considered properly served when it is personally delivered to the registrant or when it is sent by registered or certified mail, return receipt requested, to the registrant’s last known address.
(10) Except as otherwise provided for in this act, the director may initiate an enforcement action against a registered serviceperson or registered service agency for any or all of the following:
(a) Failure of a weighing or measuring device during an official inspection within 30 days after being placed in service following an initial installation.
(b) Failure of a weighing or measuring device during an official inspection within 30 days after being placed in service following a major overhaul or repair that may or may not have been the result of an official condemnation by a weights and measures official.
(c) The return to commercial use of a device tagged “not sealed”.
(d) Placing a device in service with improper or insufficient standards.
(e) Falsifying a placed-in-service report or test report.
(f) Placing in service or allowing to remain in service, without notifying the director, an incorrect weighing or measuring device.
(g) Failure to provide placed-in-service reports or other documentation as required by this section.
(h) Placing a device in service without having the proper certification as required by law.
(i) Failure to comply with a request for documents or other information related directly to a registration audit.
(j) Failure to submit a placed-in-service report for a weighing and measuring device found in an out-of-tolerance condition and returned to a condition as close to zero as practicable.
(k) Failure to properly seal a device.
(l) Failure to employ the use of an approved security seal that contains a unique identifying mark that is approved and is registered with the department.