Michigan Laws 400.287a – Suspension of license of professional fund raiser or registration of charitable organization or professional solicitor; imposition of conditions
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Terms Used In Michigan Laws 400.287a
- Charitable organization: means a benevolent, educational, philanthropic, humane, patriotic, or eleemosynary organization of persons that solicits or obtains contributions solicited from the public for charitable purposes. See Michigan Laws 400.272
- 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
- Professional fund raiser: means a person who plans, conducts, manages, or carries on a drive or campaign of soliciting contributions for or on behalf of a charitable organization, religious organization, or any other person in exchange for compensation or other consideration; or who engages in the business of or holds himself or herself out as independently engaged in the business of soliciting contributions for those purposes. See Michigan Laws 400.272
- Professional solicitor: means a person who is employed or retained for compensation by a professional fund raiser to solicit contributions for charitable purposes. See Michigan Laws 400.272
- Solicitor: means a person who solicits on behalf of a charitable organization. See Michigan Laws 400.272
(1) After notice and an opportunity to be heard, the attorney general may suspend or revoke the license of a professional fund raiser or the registration of a charitable organization or professional solicitor that has violated or is violating this act or rules promulgated under this act.
(2) The attorney general may suspend the license of a professional fund raiser or the registration of a charitable organization or professional solicitor, on an emergency basis without a hearing, if the attorney general issues a notice of emergency suspension containing both of the following:
(a) A description of the conduct in violation of this act or a rule promulgated under this act that constitutes the emergency.
(b) A statement that the professional fund raiser, charitable organization, or professional solicitor has an opportunity for a hearing at a designated time, date, and place, within 48 hours after the notice of emergency suspension is issued, or at a later time agreed to in writing by the attorney general and the professional fund raiser, charitable organization, or professional solicitor, on whether the license or registration should be permanently suspended or revoked. At a hearing held under this subdivision, the professional fund raiser, charitable organization, or professional solicitor shall have a reasonable opportunity to show its compliance with this act or the rules promulgated under this act and has the burden of proof of establishing that compliance.
(3) In addition to his or her authority to suspend or revoke a license or registration under this section, the attorney general may impose conditions on the license of a professional fund raiser or the registration of a charitable organization or professional solicitor that fails to comply with this act or rules promulgated under this act.