Michigan Laws 290.650b – Conduct as misdemeanor or felony; assessment of costs
Current as of: 2023 | Check for updates
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Attorney's Note
Under the Michigan Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| H | up to 2 years |
Terms Used In Michigan Laws 290.650b
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Department: means the department of agriculture. See Michigan Laws 290.642
- Director: means the director of the department of agriculture or his or her authorized representative. See Michigan Laws 290.642
- Gasoline: means a volatile mixture of liquid hydrocarbons generally containing small amounts of additives suitable for use in spark-ignition internal combustion engines, and commonly or commercially known or sold as gasoline. See Michigan Laws 290.642
- Modification: means any change, removal, or addition, other than an identical replacement, of any component contained within a stage I vapor-recovery system. See Michigan Laws 290.642
- Person: means an individual, sole proprietorship, partnership, corporation, association, or other legal entity. See Michigan Laws 290.642
- Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 290.642
- seal: shall be construed to include any of the following:
(a) The impression of the seal on the paper alone. See Michigan Laws 8.3nstate: 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
(1) A person who individually, or by the action of his or her agent or employee, or as the agent or employee of another, performs any of the following is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $1,000.00 or more than $2,000.00, or both:
(a) Renders less effective or inoperable any part of a stage I vapor-recovery system.
(b) Makes a false statement, representation, or certification on an application, report, plan, label, or other document that is required to be maintained under this act or rules promulgated under this act.
(c) Fails to disclose to the department any knowledge or information relating to or observation of any modification of a stage I vapor-recovery system which makes the system less effective or inoperable, or falsification of records required to be maintained under this act or rules promulgated under this act.
(d) Removes a tag, seal, or mark placed on a dispensing device by the director.
(e) Violates this act or a rule promulgated under this act for which a specific penalty is not prescribed.
(2) A person who individually, or by the action of his or her agent or employee, or as the agent or employee of another, performs any of the following acts is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $2,000.00 or more than $10,000.00, or both:
(a) Violates a prohibited act listed in this section within 24 months after another violation of this section that results in a conviction.
(b) Impersonates in any way the director or any department inspector.
(3) A person who individually, or by the action of his or her agent or employee, or as the agent or employee of another, performs any of the following acts is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not less than $10,000.00 or more than $15,000.00, or both:
(a) Intentionally commits a prohibited act under this section.
(b) Violates a prohibited act listed in this section within 24 months after 2 previous violations of this section that result in convictions.
(4) If a violation of this section results in a conviction, the court shall assess against the defendant the costs of the department’s investigation, and these costs shall be paid to the state treasury and deposited in the gasoline inspection and testing fund to be used for the enforcement of this act.