Michigan Laws 600.8801 – Applicability of chapter; definitions
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Terms Used In Michigan Laws 600.8801
- Citation: means a written complaint or notice to appear in court upon which a law enforcement officer records the occurrence or existence of 1 or more state civil infractions by the person cited. See Michigan Laws 600.8801
- Civil infraction: means an act or omission that is prohibited by a law and is not a crime under that law or that is prohibited by an ordinance, as defined in section 8701, and is not a crime under that ordinance, and for which civil sanctions may be ordered. See Michigan Laws 600.113
- Civil infraction action: means a civil action in which the defendant is alleged to be responsible for a civil infraction. See Michigan Laws 600.113
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- judgment: as used in this act , includes decree. See Michigan Laws 600.112
- Law enforcement officer: means any of the following:
(i) A sheriff or deputy sheriff. See Michigan Laws 600.8801person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l state: 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 State civil infraction: means a civil infraction involving either of the following:
(i) A violation of state law that is designated by statute as a state civil infraction. See Michigan Laws 600.113Statute: A law passed by a legislature.
(1) This chapter applies only to a state civil infraction action involving a violation of state law that is designated as a state civil infraction.
(2) This chapter does not apply to a civil infraction action involving a traffic or parking violation.
(3) As used in this chapter:
(a) “Citation” means a written complaint or notice to appear in court upon which a law enforcement officer records the occurrence or existence of 1 or more state civil infractions by the person cited.
(b) “Civil infraction determination” means a determination that a defendant is responsible for a state civil infraction by 1 of the following:
(i) An admission of responsibility for the state civil infraction.
(ii) An admission of responsibility for the state civil infraction, “with explanation”.
(iii) A preponderance of the evidence at an informal hearing or formal hearing on the question under section 8819 or 8821, respectively.
(iv) A default judgment, for failing to appear as directed by a citation or other notice, at a scheduled appearance under section 8815(3)(b) or (4), at an informal hearing under section 8819, or at a formal hearing under section 8821.
(c) “Law enforcement officer” means any of the following:
(i) A sheriff or deputy sheriff.
(ii) An officer of the police department of a city, village, or township, or the marshal of a city, village, or township.
(iii) An officer of the Michigan state police.
(iv) A conservation officer.
(v) A security employee employed by the state pursuant to section 6c of 1935 PA 59, MCL 28.6c.
(vi) A motor carrier officer appointed pursuant to section 6d of 1935 PA 59, MCL 28.6d.
(vii) A public safety officer employed by a university as authorized by either of the following:
(A) 1965 PA 278, MCL 390.711 to 390.717.
(B) 1990 PA 120, MCL 390.1511 to 390.1514.
(viii) If authorized by the governing body of a political subdivision, a constable of the political subdivision.
(ix) A park and recreation officer commissioned pursuant to section 1606 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.1606.
(x) A state forest officer commissioned pursuant to section 83107 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.83107.
(xi) An officer, employee, or agent of the department of agriculture enforcing, pursuant to authority granted by the director of agriculture, a statute administered, a rule promulgated, or an order issued by the department of agriculture or the director of agriculture.