§ 14.301 Short title
§ 14.302 Definitions
§ 14.303 Soliciting contributions; registration of organization with attorney general; form; contents; reporting category distributions; registration fee; effective date, expiration, and renewal of registratio
§ 14.304 Soliciting contributions by professional fund-raiser; registration with attorney general; form; contents; surety bond; registration fee; effective date, expiration, and renewal of registration; mainta
§ 14.305 Notice of change of information
§ 14.306 Public inspection of registration forms and documents; exemption
§ 14.307 Registration of out-of-state organization or professional fund-raiser; designation of resident agent required
§ 14.308 Service of process
§ 14.309 Use of name, symbol, or statement
§ 14.310 Diversion of solicited funds
§ 14.311 Misrepresenting, misleading, making false statements, using other than legal name, or taking advantage of inability to protect interests; recording telephone communications; identification as public s
§ 14.312 Disclosure statement; providing percentage ranges upon request
§ 14.313 Information printed on written request for payment
§ 14.314 Exemptions
§ 14.315 Toll-free telephone number; establishment; purpose
§ 14.316 Authority of attorney general to bring action in court; notice; opportunity to cease and desist; forwarding notice of violation and information; civil penalty
§ 14.317 Assurance of discontinuance of method, act, or practice; filing; enforcement; modification
§ 14.318 Subpoena to appear before attorney general; producing documentary material; service and contents of notice; extending reporting date; modifying or setting aside notice and subpoena; confidentiality of
§ 14.319 Compliance with terms of notice; prohibited conduct; civil penalty; order to enforce compliance; enjoining person from soliciting contributions
§ 14.320 Class action
§ 14.321 Actions to obtain declaratory judgment or injunctions; action to recover actual damages; class action; appointing receiver or ordering sequestration of assets; cost of notice; limitation on damages re
§ 14.322 Commencement of action; mailing copy of complaint, judgment, decree, or order; proof of violation of permanent injunction
§ 14.323 Filing fees not required; conditions
§ 14.324 Law enforcement officer; aid and assistance in investigation
§ 14.325 Prosecuting attorney; powers and authority
§ 14.326 Attorney general or local prosecutors; powers or duties not limited or restricted by act
§ 14.327 Conditional effective date

Terms Used In Michigan Laws > Chapter 14 > Act 298 of 1992 - Public Safety Solicitation Act

  • Academic institution: means either of the following:
  (i) A medical school approved by the board. See Michigan Laws 333.17001
  • Acupressure: means a form of manual therapy in which physical pressure is applied to various points on the body. See Michigan Laws 333.16501
  • Acupuncture: means the insertion and manipulation of needles through the surface of the human body. See Michigan Laws 333.16501
  • Acupuncturist: means an individual who is licensed under this part to engage in the practice of acupuncture. See Michigan Laws 333.16501
  • Adverse resource impact: means any of the following:
  •   (i) Until February 1, 2009, decreasing the flow of a river or stream by part of the index flow such that the river's or stream's ability to support characteristic fish populations is functionally impaired. See Michigan Laws 324.32701
  • Advertise: means issuing or ordering the printing or distribution of a card, sign, or device or causing, permitting, or allowing a sign or marking on or in a building or structure, or placing material in a newspaper, magazine, or directory, or on radio or television. See Michigan Laws 333.16901
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Air: means ambient or indoor air at the point of exposure. See Michigan Laws 324.21302
  • All appropriate inquiry: means an evaluation of environmental conditions at a property at the time of purchase, occupancy, or foreclosure that reasonably defines the existing conditions and circumstances at the property in conformance with 40 CFR 312. See Michigan Laws 324.21302
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assessment tool: means the water withdrawal assessment tool provided for in section 32706a. See Michigan Laws 324.32701
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Assignment: means that a dentist has designated a patient of record on whom services are to be performed and has described the procedures to be performed. See Michigan Laws 333.16601
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • ATV: means a vehicle with 3 or more wheels that is designed for off-road use, has low-pressure tires, has a seat designed to be straddled by the rider, and is powered by a 50cc to 1,000cc gasoline engine or an engine of comparable size using other fuels. See Michigan Laws 324.81101
  • Audiologist: means an individual licensed under this article to engage in the practice of audiology. See Michigan Laws 333.16801
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bottomlands: means land in the Great Lakes, and bays and harbors of the Great Lakes, lying below and lakeward of the ordinary high-water mark as described in section 32502. See Michigan Laws 324.32601
  • Capillary fringe: means the portion of the aquifer above an unconfined saturated zone in which groundwater is drawn upward by capillary force and can include the presence of LNAPL. See Michigan Laws 324.21302
  • Characteristic fish curve: means a fish functional response curve that describes the abundance of characteristic fish populations in response to reductions in index flow as published in the document entitled "Report to the Michigan Legislature in response to 2006 Public Act 34" by the former groundwater conservation advisory council dated July 2007, which is incorporated by reference. See Michigan Laws 324.32701
  • Chief administrative officer: means that term as defined in section 2b of the uniform budgeting and accounting act, 1968 PA 2, MCL 141. See Michigan Laws 141.2103
  • Code: means the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.81101
  • Cold river system: means a stream or small river that has the appropriate summer water temperature that, based on statewide averages, sustains a fish community composed predominantly of cold-water fish species, and where small increases in water temperature will not cause a decline in these populations, as determined by a scientific methodology adopted by order of the commission. See Michigan Laws 324.32701
  • Cold-transitional river system: means a stream or river that has the appropriate summer water temperature that, based on statewide averages, sustains a fish community composed predominantly of cold-water fish species, and where small increases in water temperature will cause a decline in the proportion of cold-water species, as determined by a scientific methodology adopted by order of the commission. See Michigan Laws 324.32701
  • Commission: means the Michigan state waterways commission created in part 781. See Michigan Laws 324.79101
  • Commission: means the Michigan jobs commission. See Michigan Laws 324.79501
  • Commission: means the commission of natural resources. See Michigan Laws 324.301
  • Community supply: means that term as it is defined in section 2 of the safe drinking water act, 1976 PA 399, MCL 325. See Michigan Laws 324.32701
  • Compact: means the Great Lakes-St. See Michigan Laws 324.32701
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Consultant: means a person that meets the requirements set forth in section 21325. See Michigan Laws 324.21302
  • Consumptive use: means that portion of water withdrawn or withheld from the Great Lakes basin and assumed to be lost or otherwise not returned to the Great Lakes basin due to evaporation, incorporation into products or agricultural products, use as part of the packaging of products or agricultural products, or other processes. See Michigan Laws 324.32701
  • contaminated: means the presence of a regulated substance in soil, surface water, or groundwater or air that has been released from an underground storage tank system at a concentration exceeding the level set forth in the RCBA tier I screening levels established under section 20120a(1)(a) and (b). See Michigan Laws 324.21302
  • Contract: A legal written agreement that becomes binding when signed.
  • Contribution: means the promise, grant, or payment of money or property of any kind or value, including promises to pay made to an organization or professional fund-raiser. See Michigan Laws 14.302
  • Conviction: A judgement of guilt against a criminal defendant.
  • Cool river system: means a stream or river that has the appropriate summer water temperature that, based on statewide averages, sustains a fish community composed mostly of warm-water fish species, but also contains some cool-water species or cold-water species, or both, as determined by a scientific methodology adopted by order of the commission. See Michigan Laws 324.32701
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Corrective action: means the investigation, assessment, cleanup, removal, containment, isolation, treatment, or monitoring of regulated substances released into the environment from an underground storage tank system that is necessary under this part to prevent, minimize, or mitigate injury to the public health, safety, or welfare, the environment, or natural resources. See Michigan Laws 324.21302
  • Council: means the Great Lakes-St. See Michigan Laws 324.32701
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • County road: means a county primary road or county local road as described in section 5 of 1951 PA 51, MCL 247. See Michigan Laws 324.81101
  • Cupping: means the placement of a specially designed cup on the body to create suction. See Michigan Laws 333.16501
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Debt: means all borrowed money, loans, and other indebtedness, including principal and interest, evidenced by bonds, obligations, refunding obligations, notes, contracts, securities, refunding securities, municipal securities, or certificates of indebtedness that are lawfully issued or assumed, in whole or in part, by a municipality, or will be evidenced by a judgment or decree against the municipality. See Michigan Laws 141.2103
  • Debt retirement fund: means a segregated account or group of accounts used to account for the payment of, interest on, or principal and interest on a municipal security. See Michigan Laws 141.2103
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Deficit: means a situation for any fund of a municipality in which, at the end of a fiscal year, total expenditures, including an accrued deficit, exceeded total revenues for the fiscal year, including any surplus carried forward. See Michigan Laws 141.2103
  • Defined benefit plan: means a retirement program other than a defined contribution plan. See Michigan Laws 141.2103
  • Defined contribution plan: means a retirement program that provides for an individual account for each participant and for benefits based solely upon the amount contributed to the participant's account, and any income, expenses, gains, and losses credited or charged to the account, and any forfeitures of accounts of other participants that may be allocated to the participant's account. See Michigan Laws 141.2103
  • Dental laboratory: means a dental workroom that is operated as a part of a dental office or otherwise, by a person, other than a dentist, who is engaged in, or holds himself, herself, or itself out as being directly or indirectly engaged in, constructing, repairing, or altering prosthetic dentures, bridges, orthodontic or other appliances, or structures to be used as substitutes for or as a part of human teeth or jaws or associated structures, or for the correction of malocclusions or deformities. See Michigan Laws 333.16601
  • Dentist: means an individual who is licensed under this article to engage in the practice of dentistry. See Michigan Laws 333.16601
  • Department: means the department of environmental quality. See Michigan Laws 324.32501
  • Department: means the department of environmental quality. See Michigan Laws 324.32601
  • Department: means the department of environmental quality. See Michigan Laws 324.32701
  • Department: means the department of natural resources, underground storage tank division. See Michigan Laws 324.21101
  • Department: means the department of environmental quality. See Michigan Laws 324.79501
  • Department: means the department of treasury. See Michigan Laws 141.2103
  • 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
  • Department of natural resources: means the principal state department created in section 501. See Michigan Laws 324.301
  • Dependent: A person dependent for support upon another.
  • Dermal friction: means the use of repeated, closely timed, unidirectional press-stroking with a smooth-edged instrument over a lubricated area of the body. See Michigan Laws 333.16501
  • Devise: To gift property by will.
  • Dietary counseling: means the process of advising a patient about healthy food choices and healthy eating habits in accordance with East Asian medical theory. See Michigan Laws 333.16501
  • Director: means the director of the department of natural resources. See Michigan Laws 324.301
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dislocation: means complete disruption in the normal relationship of 2 bones forming a joint resulting in no contact of the articular surfaces. See Michigan Laws 333.16401
  • Diversion: means a transfer of water from the Great Lakes basin into another watershed, or from the watershed of 1 of the Great Lakes into that of another by any means of transfer, including, but not limited to, a pipeline, canal, tunnel, aqueduct, channel, modification of the direction of a water course, tanker ship, tanker truck, or rail tanker but does not apply to water that is used in the Great Lakes basin or a Great Lake watershed to manufacture or produce a product that is then transferred out of the Great Lakes basin or watershed. See Michigan Laws 324.32701
  • DNAPL: means a dense nonaqueous-phase liquid with a specific gravity greater than 1 and composed of 1 or more organic compounds that are immiscible or sparingly soluble in water. See Michigan Laws 324.21302
  • Dry needling: means a rehabilitative procedure using filiform needles to penetrate the skin or underlying tissues by targeting only myofascial trigger points and muscular and connective tissues to affect change in body structures and functions for the evaluation and management of neuromusculoskeletal pain and movement impairment. See Michigan Laws 333.16501
  • East Asian medicine techniques: includes , but is not limited to, acupuncture, manual therapy, moxibustion, heat therapy, dietary counseling, therapeutic exercise, acupressure, cupping, dermal friction, homeopathy, lifestyle coaching, and treatment with herbal medicines. See Michigan Laws 333.16501
  • Election: means an election or primary election at which the electors of this state or of a subdivision of this state choose or nominate by ballot an individual for public office or decide a ballot question lawfully submitted to them. See Michigan Laws 168.2
  • Electrodiagnostic studies: means the testing of neuromuscular functions utilizing nerve conduction tests and needle electromyography. See Michigan Laws 333.17001
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • 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.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Farm: means that term as it is defined in section 2 of the Michigan right to farm act, 1981 PA 93, MCL 286. See Michigan Laws 324.32701
  • Farm vehicle: means either of the following:
  •   (i) An implement of husbandry as defined in section 21 of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.81101
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: means a 12-month period fixed by statute, charter, or ordinance, or if not so fixed, then as determined by the department. See Michigan Laws 141.2103
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Forest road: means a hard surfaced road, gravel or dirt road, or other route capable of travel by a 2-wheel drive, 4-wheel conventional vehicle designed for road use. See Michigan Laws 324.81101
  • Fraud: Intentional deception resulting in injury to another.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Fund: means the submerged log recovery fund created in section 32610. See Michigan Laws 324.32601
  • Fund: means the underground storage tank regulatory enforcement fund created in section 21104. See Michigan Laws 324.21101
  • Gaming facility: means a gaming facility regulated under the Michigan gaming control and revenue act, the initiated law of 1996, MCL 432. See Michigan Laws 324.79501
  • Genetic counselor: means an individual who is licensed under this part to engage in the practice of genetic counseling. See Michigan Laws 333.17001
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governing body: means the county board of commissioners of a county; the township board of a township; the council, common council, or commission of a city; the council, commission, or board of trustees of a village; the board of education or district board of a school district; the board of an intermediate school district; the board of trustees of a community college district; the county drain commissioner or drainage board of a drainage district; the board of the district library; the legislative body of a metropolitan district; the port commission of a port district; and, in the case of another governmental authority or agency, that official or official body having general governing powers over the authority or agency. See Michigan Laws 141.2103
  • Grant: means a waterfront redevelopment grant under this part. See Michigan Laws 324.79501
  • grantee: may be construed as including every person to whom any such interest or estate passes in like manner. See Michigan Laws 8.3e
  • Great Lakes: means Lake Superior, Lake Michigan, Lake Huron, and Lake Erie, and includes Lake St. See Michigan Laws 324.32601
  • Great Lakes: means Lakes Superior, Michigan and Huron, Erie, and Ontario and their connecting waterways including the St. See Michigan Laws 324.32701
  • Great Lakes basin: means the watershed of the Great Lakes and the St. See Michigan Laws 324.32701
  • Great Lakes charter: means the document establishing the principles for the cooperative management of the Great Lakes water resources, signed by the governors and premiers of the Great Lakes region on February 11, 1985. See Michigan Laws 324.32701
  • Great Lakes region: means the geographic region composed of the states of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, and Wisconsin, the commonwealth of Pennsylvania, and the provinces of Ontario and Quebec, Canada. See Michigan Laws 324.32701
  • Groundwater: means water below the land surface in the zone of saturation and capillary fringe. See Michigan Laws 324.21302
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Health care trust fund: means a trust or fund created in accordance with the public employee health care fund investment act, 1999 PA 149, MCL 38. See Michigan Laws 141.2103
  • Heat therapy: means the use of heat in therapy, such as for pain relief and health. See Michigan Laws 333.16501
  • Heating oil: means petroleum that is no. See Michigan Laws 324.21302
  • Herbal medicine: means the internal and external use of a plant or a plant extract, a mineral, or an animal product, that is not a prescription drug as that term is defined in section 17708. See Michigan Laws 333.16501
  • Highway: means a state trunk line highway or a segment of a state trunk line highway. See Michigan Laws 324.81101
  • Homeopathy: means the use of a highly diluted natural remedy from the plant, mineral, and animal domain. See Michigan Laws 333.16501
  • Immediate family: means an individual's father, mother, son, daughter, brother, sister, and spouse and a relative of any degree residing in the same household as that individual. See Michigan Laws 168.2
  • 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
  • Index flow: means the 50% exceedance flow for the lowest summer flow month of the flow regime, for the applicable stream reach, as determined over the period of record or extrapolated from analyses of the United States geological survey flow gauges in Michigan. See Michigan Laws 324.32701
  • inhabitant: means a resident of a city, township, village, district or county. See Michigan Laws 8.3f
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Joint dysfunction: means a joint that is impaired so that it does not function properly. See Michigan Laws 333.16401
  • Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
  • 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.
  • Juror: A person who is on the jury.
  • lands: as used in this part refers to the aforesaid described unpatented lake bottomlands and unpatented made lands and patented lands in the Great Lakes and the bays and harbors of the Great Lakes lying below and lakeward of the natural ordinary high-water mark, but this part does not affect property rights secured by virtue of a swamp land grant or rights acquired by accretions occurring through natural means or reliction. See Michigan Laws 324.32502
  • Large river: means a river with a drainage area of 300 or more square miles. See Michigan Laws 324.32701
  • Law of another state: means a law or ordinance enacted by any of the following:
  •   (i) Another state. See Michigan Laws 324.81101
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legacy: A gift of property made by will.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: except as otherwise provided in this subsection and section 17708(2), means an authorization issued under this article to practice where practice would otherwise be unlawful. See Michigan Laws 333.16106
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Lifestyle coaching: means the process of advising a patient about healthy lifestyle choices and habits in accordance with East Asian medical theory. See Michigan Laws 333.16501
  • lighting authority: means a lighting authority created under the municipal lighting authority act. See Michigan Laws 141.1152
  • Limited license: means a license to which restrictions or conditions, or both, as to scope of practice, place of practice, supervision of practice, duration of licensed status, or type or condition of patient or client served are imposed by a board. See Michigan Laws 333.16106
  • LNAPL: means a light nonaqueous-phase liquid having a specific gravity less than 1 and composed of 1 or more organic compounds that are immiscible or sparingly soluble in water, and the term encompasses all potential occurrences of LNAPL. See Michigan Laws 324.21302
  • local unit: means a municipality or county. See Michigan Laws 324.301
  • Local unit of government: means a municipality, county, or governmental authority or any combination of municipalities, counties, or governmental authorities. See Michigan Laws 324.21101
  • Local unit of government: means a city, village, township, county, fire department, or local health department as defined in section 1105 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 324.21302
  • Local unit of government: means a county, township, or municipality. See Michigan Laws 324.81101
  • Maintained portion: means the roadway and any shoulder of a street, county road, or highway. See Michigan Laws 324.81101
  • Manual therapy: means the application of an accurately determined and specifically directed manual force to the body, excluding a high-velocity, low-amplitude thrust to the spine. See Michigan Laws 333.16501
  • Manufacturer: means a person that prepares, produces, derives, propagates, compounds, processes, packages, or repackages a drug or device salable on prescription only, or otherwise changes the container or the labeling of a drug or device salable on prescription only, and that supplies, distributes, sells, offers for sale, barters, or otherwise disposes of that drug or device and any other drug or device salable on prescription only, to another person for resale, compounding, or dispensing. See Michigan Laws 333.17706
  • Manufacturer: means a person, partnership, corporation, or association engaged in the production and manufacture of ORVs as a regular business. See Michigan Laws 324.81101
  • Marriage and family therapist: means an individual licensed under this article to engage in the practice of marriage and family therapy. See Michigan Laws 333.16901
  • medical education: means the education of physicians and candidates for degrees or licenses to become physicians, including, but not limited to, physician staff, residents, interns, and medical students. See Michigan Laws 333.17001
  • Migrating NAPL: means NAPL that is observed to spread or expand laterally or vertically or otherwise result in an increased volume of the NAPL extent, usually indicated by time series data or observation. See Michigan Laws 324.21302
  • month: means a calendar month; the word "year" a calendar year; and the word "year" alone shall be equivalent to the words "year of our Lord". See Michigan Laws 8.3j
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Moxibustion: means burning the dried plant Artemisia vulgaris on or very near the surface of the skin as a form of therapy. See Michigan Laws 333.16501
  • Municipal security: means a security that when issued was not exempt from this act or former 1943 PA 202 by the provisions of this act or by former 1943 PA 202 or by the provisions of the law authorizing its issuance and that is payable from or secured by any of the following:
  •   (i) Ad valorem real and personal property taxes. See Michigan Laws 141.2103
  • Municipality: means a city or village. See Michigan Laws 324.81101
  • Municipality: means a county, township, city, village, school district, intermediate school district, community college district, metropolitan district, port district, drainage district, district library, or another governmental authority or agency in this state that has the power to issue a security. See Michigan Laws 141.2103
  • Municipality: means a city, village, or township. See Michigan Laws 324.301
  • Musculoskeletal system: means the system of muscles, tendons, ligaments, bones, joints, and associated tissues that moves the body and maintains its form. See Michigan Laws 333.16401
  • NAPL: means a nonaqueous-phase liquid or a nonaqueous-phase liquid solution composed of 1 or more organic compounds that are immiscible or sparingly soluble in water. See Michigan Laws 324.21303
  • Natural gas: means natural gas, synthetic gas, and manufactured gas. See Michigan Laws 324.21101
  • Oath: A promise to tell the truth.
  • oath: shall be construed to include the word "affirmation" in all cases where by law an affirmation may be substituted for an oath; and in like cases the word "sworn" shall be construed to include the word "affirmed". See Michigan Laws 8.3k
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Off-road vehicle account: means the off-road vehicle account of the Michigan conservation and recreation legacy fund established in section 2015. See Michigan Laws 324.81101
  • Online registration process: means the online registration process provided for in section 32706. See Michigan Laws 324.32701
  • Operator: means a person who is presently, or was at the time of a release, in control of or responsible for the operation of an underground storage tank system. See Michigan Laws 324.21101
  • Operator: means a person who is presently, or was at the time of a release, in control of, or responsible for, the operation of an underground storage tank system. See Michigan Laws 324.21303
  • Operator: means an individual who operates or is in actual physical control of the operation of an ORV. See Michigan Laws 324.81101
  • Ordinary high-water mark: means the elevations described in section 32502. See Michigan Laws 324.32601
  • organization: means any group, organization, association, union, or conference of current or former law enforcement officers, fire fighters, correctional officers, employees thereof or any other entity that represents itself to be affiliated or associated with such organizations that meet both of the following:
  •   (i) The voting membership is comprised of at least 75% of individuals who are currently or formerly law enforcement officers, fire fighters, or correctional officers. See Michigan Laws 14.302
  • ORV safety certificate: means an ORV safety certificate issued under section 81130 or, except as used in section 81130, a comparable safety certificate issued under the authority of another state or province of Canada. See Michigan Laws 324.81101
  • Outstanding security: means a security that has been issued, but not defeased or repaid, including a security that when issued was exempt from this act or former 1943 PA 202, by the provisions of this act or by former 1943 PA 202 or by the provisions of the law authorizing its issuance. See Michigan Laws 141.2103
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means a person who holds, or at the time of a release who held, a legal, equitable, or possessory interest of any kind in an underground storage tank system or in the property on which an underground storage tank system is located, including, but not limited to, a trust, vendor, vendee, lessor, or lessee. See Michigan Laws 324.21101
  • Owner: means a person who holds, or at the time of a release who held, a legal, equitable, or possessory interest of any kind in an underground storage tank system or in the property on which an underground storage tank system is or was located including, but not limited to, a trust, vendor, vendee, lessor, or lessee. See Michigan Laws 324.21303
  • Owner: means any of the following:
  •   (i) A vendee or lessee of an ORV that is the subject of an agreement for the conditional sale or lease of the ORV, with the right of purchase upon performance of the conditions stated in the agreement, and with an immediate right of possession vested in the conditional vendee or lessee. See Michigan Laws 324.81101
  • Participating physician: means a physician, a physician designated by a group of physicians under section 17049 to represent that group, or a physician designated by a health facility or agency under section 20174 to represent that health facility or agency. See Michigan Laws 333.17001
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Patented lands: means any bottomlands lying within a specific government grant area, including a private claim patent or federal patent. See Michigan Laws 324.32601
  • Person: means an individual, organization, group, association, partnership, corporation, trust, professional fund-raiser, or any combination of those entities. See Michigan Laws 14.302
  • person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
  • Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301
  • Personal property: All property that is not real property.
  • Physician: means an individual who is licensed or authorized under this article to engage in the practice of medicine. See Michigan Laws 333.17001
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Podiatrist: means an individual who is licensed under this article to engage in the practice of podiatric medicine and surgery. See Michigan Laws 333.17001
  • police officer: means a police officer, investigator, or police sergeant. See Michigan Laws 141.1152
  • political subdivision: means any local unit of government or port district of this state and any other governmental agency or subdivision, public corporation, authority, or district in this state, which is or may be authorized by law to acquire, establish, construct, maintain, improve, and operate harbors, channels, and other navigational facilities. See Michigan Laws 324.79301
  • Practice agreement: means an agreement described in section 17047. See Michigan Laws 333.17001
  • Practice as a dental assistant: means assistance in the clinical practice of dentistry based on formal education, specialized knowledge, and skill at the assignment and under the supervision of a dentist. See Michigan Laws 333.16601
  • Practice as a dental hygienist: means practice at the assignment of a dentist in that specific area of dentistry based on specialized knowledge, formal education, and skill with particular emphasis on preventive services and oral health education. See Michigan Laws 333.16601
  • Practice as a dental therapist: means providing any of the care and services, and performing any of the duties, described in section 16656. See Michigan Laws 333.16601
  • Practice of audiology: means the nonmedical and nonsurgical application of principles, methods, and procedures related to disorders of hearing, including all of the following:
  •   (i) Facilitating the conservation of auditory system function. See Michigan Laws 333.16801
  • Practice of chiropractic: means that discipline within the healing arts that deals with the human nervous system and the musculoskeletal system and their interrelationship with other body systems. See Michigan Laws 333.16401
  • Practice of chiropractic: means that term as defined in section 16401. See Michigan Laws 333.16501
  • Practice of dentistry: means the diagnosis, treatment, prescription, or operation for a disease, pain, deformity, deficiency, injury, or physical condition of the human tooth, teeth, alveolar process, gums or jaws, or their dependent tissues, or an offer, undertaking, attempt to do, or holding oneself out as able to do any of these acts. See Michigan Laws 333.16601
  • Practice of genetic counseling: means provision of any of the following services:
  •   (i) Obtaining and evaluating individual, family, and medical histories to determine the genetic risk for genetic or medical conditions or diseases in a client, the client's descendants, or other family members of the client. See Michigan Laws 333.17001
  • Practice of marriage and family therapy: means the providing of guidance, testing, discussions, therapy, instruction, or advice that is intended to avoid, eliminate, relieve, manage, or resolve marital or family conflict or discord, to create, improve, or restore marital or family harmony, or to prepare couples for marriage. See Michigan Laws 333.16901
  • Practice of massage therapy: means that term as defined in section 17951. See Michigan Laws 333.16501
  • Practice of medicine: means that term as defined in section 17001. See Michigan Laws 333.16501
  • Practice of medicine: means the diagnosis, treatment, prevention, cure, or relieving of a human disease, ailment, defect, complaint, or other physical or mental condition, by attendance, advice, device, diagnostic test, or other means, or offering, undertaking, attempting to do, or holding oneself out as able to do, any of these acts. See Michigan Laws 333.17001
  • Practice of osteopathic medicine and surgery: means that term as defined in section 17501. See Michigan Laws 333.16501
  • Practice of physical therapy: means that term as defined in section 17801. See Michigan Laws 333.16501
  • Prior conviction: means a conviction for any of the following, whether under a law of this state, a local ordinance substantially corresponding to a law of this state, a law of the United States substantially corresponding to a law of this state, or a law of another state substantially corresponding to a law of this state:
  •   (i) A violation or an attempted violation of section 81134(1), (3), (4), (5), (6), or (7), except that only 1 violation or attempted violation of section 81134(6), a local ordinance substantially corresponding to section 81134(6), a law of another state substantially corresponding to section 81134(6), or a law of the United States substantially corresponding to section 81134(6) may be used as a prior conviction other than for enhancement purposes as provided in section 81134(11)(b). See Michigan Laws 324.81101
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Professional fund-raiser: means a person who for compensation or other consideration plans, conducts, manages, or carries on, either directly or through paid individual solicitors, a drive or campaign of soliciting contributions for or on behalf of a public safety organization or person. See Michigan Laws 14.302
  • Property: means real estate that is contaminated by a release from an underground storage tank system. See Michigan Laws 324.21303
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public highway: means a road or highway under the jurisdiction of the state transportation department, a county road commission, or a local unit of government. See Michigan Laws 324.21303
  • public highway: as used in this act mean any road, street or alley taken over by and under the jurisdiction of the board of county road commissioners. See Michigan Laws 41.271
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Qualified status: means a municipality that has filed a qualifying statement under section 303 and has been determined by the department to be qualified to issue municipal securities without further approval by the department. See Michigan Laws 141.2103
  • Quorum: The number of legislators that must be present to do business.
  • RBCA: means the American Society for Testing and Materials (ASTM) document entitled standard guide for risk-based corrective action applied at petroleum release sites, designation E 1739-95 (reapproved 2010) E1; standard guide for risk-based corrective action designation E 2081-00 (reapproved 2010) E1; and standard guide for development of conceptual site models and remediation strategies for light nonaqueous-phase liquids released to the subsurface designation E 2531-06 E1, all of which are hereby incorporated by reference. See Michigan Laws 324.21303
  • RBSL: means the unrestricted residential and nonresidential generic cleanup criteria developed by the department pursuant to part 201. See Michigan Laws 324.21303
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recess: A temporary interruption of the legislative business.
  • Refunding security: means a municipal security issued to refund an outstanding security. See Michigan Laws 141.2103
  • Registered acupuncturist: means an individual who is registered or otherwise authorized under this part before the effective date of the rules promulgated under section 16525 regarding licensure. See Michigan Laws 333.16501
  • Registration: means an authorization only for the use of a designated title which use would otherwise be prohibited under this article. See Michigan Laws 333.16108
  • Regulated substance: means any of the following:
  •   (i) A substance defined in section 101(14) of title I of the comprehensive environmental response, compensation, and liability act of 1980, Public Law 96-510, 42 U. See Michigan Laws 324.21101
  • Regulated substance: means any of the following:
  •   (i) A substance defined in section 101(14) of title I of the comprehensive environmental response, compensation, and liability act of 1980, Public Law 96-510, 42 USC 9601, but not including a substance regulated as a hazardous waste under subtitle C of the solid waste disposal act, title II of Public Law 89-272, 42 USC 6921 to 6939e. See Michigan Laws 324.21303
  • Release: means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank system into groundwater, surface water, or subsurface soils. See Michigan Laws 324.21101
  • Release: means any spilling, leaking, emitting, discharging, escaping, or leaching from an underground storage tank system into groundwater, surface water, or subsurface soils. See Michigan Laws 324.21303
  • Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Residence: as used in this act , for registration and voting purposes means that place at which a person habitually sleeps, keeps his or her personal effects, and has a regular place of lodging. See Michigan Laws 168.11
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retirement program: means a program of rights and obligations which a county, city, village, or township establishes, maintains, or participates in and which, by its express terms or as a result of surrounding circumstances, does 1 or more of the following:
  •   (i) Provides retirement income to participants. See Michigan Laws 141.2103
  • Riparian owner: means a person who owns frontage bordering bottomlands. See Michigan Laws 324.32601
  • Riparian rights: means those rights that are associated with the ownership of frontage bordering bottomlands, subject to the public trust. See Michigan Laws 324.32601
  • River: means a flowing body of water with a drainage area of 80 or more square miles. See Michigan Laws 324.32701
  • Roadway: means the portion of a street, county road, or highway improved, designed, or ordinarily used for travel by vehicles registered under the code. See Michigan Laws 324.81101
  • Route: means a forest road or other road that is designated for purposes of this part by the department. See Michigan Laws 324.81101
  • Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 324.301
  • Saturated zone: means a soil area where the soil pores are filled with groundwater and can include the presence of LNAPL. See Michigan Laws 324.21303
  • seal: shall be construed to include any of the following:
  •   (a) The impression of the seal on the paper alone. See Michigan Laws 8.3n
  • Security: means an evidence of debt such as a bond, note, contract, obligation, refunding obligation, certificate of indebtedness, or other similar instrument issued by a municipality, which pledges payment of the debt by the municipality from an identified source of revenue. See Michigan Laws 141.2103
  • Service of process: The service of writs or summonses to the appropriate party.
  • Shoulder: means that portion of a street, county road, or highway contiguous to the roadway and generally extending the contour of the roadway, not designed for vehicular travel but maintained for the temporary accommodation of disabled or stopped motor vehicles otherwise permitted on the roadway. See Michigan Laws 324.81101
  • Site: means a location where a release has occurred or a threat of release exists from an underground storage tank system, excluding any location where corrective action was completed which satisfies the applicable RBSL or SSTL. See Michigan Laws 324.21303
  • Small river: means a river with a drainage area of less than 300 square miles. See Michigan Laws 324.32701
  • Source watershed: means the watershed from which a withdrawal originates. See Michigan Laws 324.32701
  • SSTL: means an RBCA risk-based remedial action target level for contamination developed for a site under RBCA tier II and tier III evaluations. See Michigan Laws 324.21303
  • 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
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Stream: means a flowing body of water with a drainage area of less than 80 square miles. See Michigan Laws 324.32701
  • Stream reach: means a segment of a stream or river. See Michigan Laws 324.32701
  • Street: means a city or village major street or city or village local street as described in section 9 of 1951 PA 51, MCL 247. See Michigan Laws 324.81101
  • Submerged log: means a portion of the trunk of a felled tree that has not been further processed for any end use and is located on, in, over, or under bottomlands. See Michigan Laws 324.32601
  • Subpoena: A command to a witness to appear and give testimony.
  • Surface water: means all of the following, but does not include groundwater or an enclosed sewer, other utility line, storm water retention basin, or drainage ditch:
  •   (i) The Great Lakes and their connecting waters. See Michigan Laws 324.21303
  • Systematic acupuncture education: means a course of education that covers the foundation of acupuncture science and theory, channel and point location, needling techniques, approaches to diagnosis and therapy, and patient management. See Michigan Laws 333.16501
  • Task force: means the joint task force created in section 17025. See Michigan Laws 333.17001
  • Taxable value: means the taxable value of the property as determined under section 27a of the general property tax act, 1893 PA 206, MCL 211. See Michigan Laws 141.2103
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Therapeutic exercise: means a range of physical activities that help restore and build physical strength, endurance, flexibility, balance, and stability. See Michigan Laws 333.16501
  • threatened release: means any circumstance that may reasonably be anticipated to cause a release. See Michigan Laws 324.21303
  • Thriving fish curve: means a fish functional response curve that describes the initial decline in density of thriving fish populations in response to reductions in index flow as published in the document entitled "Report to the Michigan Legislature in response to 2006 Public Act 34" by the former groundwater conservation advisory council dated July 2007, which is incorporated by reference. See Michigan Laws 324.32701
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Underground storage tank system: means a tank or combination of tanks, including underground pipes connected to the tank or tanks, which is, was, or may have been used to contain an accumulation of regulated substances, and the volume of which, including the volume of the underground pipes connected to the tank or tanks, is 10% or more beneath the surface of the ground. See Michigan Laws 324.21101
  • Underground storage tank system: means a tank or combination of tanks, including underground pipes connected to the tank or tanks, which is, was, or may have been used to contain an accumulation of regulated substances, and the volume of which, including the volume of the underground pipes connected to the tank or tanks, is 10% or more beneath the surface of the ground. See Michigan Laws 324.21303
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Unpatented lands: means all bottomlands except patented lands. See Michigan Laws 324.32601
  • Vadose zone: means the soil between the land surface and the top of the capillary fringe. See Michigan Laws 324.21303
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • vehicle: means a motor-driven off-road recreation vehicle capable of cross-country travel without benefit of a road or trail, on or immediately over land, snow, ice, marsh, swampland, or other natural terrain. See Michigan Laws 324.81101
  • Warm river system: means a stream or river that has the appropriate summer water temperature that, based on statewide averages, sustains a fish community composed predominantly of warm-water fish species, as determined by a scientific methodology adopted by order of the commission. See Michigan Laws 324.32701
  • Waterfront: means land that is contiguous to the Great Lakes or their connecting waterways, a river, or a lake or impoundment that has a surface area of not less than 50 acres. See Michigan Laws 324.79501
  • Waterfront planning area: means the geographic area included within a waterfront redevelopment plan. See Michigan Laws 324.79501
  • Waterfront redevelopment plan: means a waterfront redevelopment plan prepared by a local unit of government under section 79503 or a state approved recreation plan that includes waterfront improvements. See Michigan Laws 324.79501
  • Waters of the state: means groundwater, lakes, rivers, and streams and all other watercourses and waters, including the Great Lakes, within the territorial boundaries of the state. See Michigan Laws 324.32701
  • Withdrawal: means the removal of water from surface water or groundwater. See Michigan Laws 324.32701
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Zone D withdrawal: means , beginning February 1, 2009, a withdrawal that is likely to cause an adverse resource impact. See Michigan Laws 324.32701