Michigan Laws 338.3649 – Violation of act, rule, or order; actions by department; reimbursement for expenses; injunctive action; other remedies
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Michigan Laws 338.3649
- Department: means the department of licensing and regulatory affairs. See Michigan Laws 338.3610
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means any of the following:
(i) An individual, corporation, limited liability company, partnership, association, or other legal entity. See Michigan Laws 338.3611Rule: means a rule promulgated under the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 338.3611
(1) If a person that holds a license under this act violates this act or a rule or order promulgated or issued under this act, the department may take 1 or more of the following actions:
(a) Suspend the person’s license.
(b) Deny the renewal of the person’s license.
(c) Revoke the person’s license.
(d) Assess an administrative fine.
(e) Censure the licensee.
(2) If the department finds that a person that is subject to subsection (1) has violated this act or a rule promulgated under this act, that person is responsible for the department’s expenses that are related to the investigation and any disciplinary proceeding for that violation and shall reimburse the department for those expenses. For purposes of this subsection, the department’s expenses include, but are not limited to, salaries and benefits of personnel, travel and any other expenses of those personnel, and any other expenses incurred by the department in conducting the investigation and any disciplinary proceeding.
(3) The department may bring an injunctive action in a court of competent jurisdiction to restrain or prevent a person from violating this act. If successful in obtaining injunctive relief, the department is entitled to its costs and reasonable attorney fees.
(4) The penalties and remedies under this section and section 49a are independent and cumulative. The imposition of a remedy or penalty against a person under this section or section 49a does not bar the pursuit of any lawful remedy by that person or the pursuit of a lawful remedy by any other person against that person.