Michigan Laws 324.6529 – Approval as emission inspector
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(1) A person shall not perform inspections under this part or the rules promulgated under this part unless the person receives approval from the department as an emission inspector.
(2) Before a person is approved as an emission inspector, the person shall have passed an examination approved by the department that is designed to test the person’s competency to perform inspections.
Terms Used In Michigan Laws 324.6529
- Department: means the director of the department of natural resources or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.301
- Fraud: Intentional deception resulting in injury to another.
- Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 324.301
(3) A person who fails an examination to obtain approval as an emission inspector may retake the examination when it is next offered.
(4) A person’s approval by the department as an emission inspector shall take effect on the date it is issued by the department and shall expire upon surrender by the person or upon revocation by the department.
(5) The department, after notice and opportunity for a hearing, may deny, suspend, or revoke a person’s approval as an emission inspector if the department finds that an applicant or an emission inspector does any of the following:
(a) Commits fraud, misrepresentation, trickery, or deceit in connection with the inspection or repair of a motor vehicle under this part or a rule promulgated under this part.
(b) Violates this part or a rule promulgated under this part.
(c) Improperly performs an instrument maintenance, recordkeeping, or inspection procedure required by the rules promulgated under this part.
(d) Incompetently performs an inspection.
(e) Is denied certification by the independent third party responsible for certifications under this part.
(6) Instead of proceeding under subsection (5), or as a means of settling a matter pursuant under subsection (5), the department may do any of the following:
(a) Enter into an assurance of discontinuance with an applicant or an emission inspector.
(b) Enter into a probation agreement with an applicant or an emission inspector.
(c) Enter into a suspension, revocation, or denial agreement with an applicant or an emission inspector.
(d) Require an applicant or an emission inspector to take training or an examination, or both.