§ 445.1801 Short title
§ 445.1802 Definitions
§ 445.1803 Death of franchisee; devolution of franchise and lease or other agreement to designated successor or secondary designee; standards; limitation; notice; applicability of section
§ 445.1804 Franchise and lease or other agreement; transfer or assignment; consent; standards; notice of intent; objection; approval; compliance; assumption of obligations; effect of termination or nonrenewal of
§ 445.1805 Closing during holiday
§ 445.1806 Violation of act resulting in injury; action for injunctive relief or damages; jurisdiction; fees and costs
§ 445.1807 Applicability of act
§ 445.1808 Effective date of MCL 445.1801, 445.1802, 445.1803, 445.1804, 445.1806, 445.1807; effective date of MCL 445.1805

Terms Used In Michigan Laws > Chapter 445 > Act 134 of 1990 - Motor Fuel Distribution Act

  • Adoptee: means the individual who is to be adopted, regardless of whether the individual is a child or an adult. See Michigan Laws 710.22
  • Adoption attorney: means an attorney acting as counsel in an adoption proceeding or case. See Michigan Laws 710.22
  • Adult former sibling: means an individual who is 18 years of age or older and is related to an adult adoptee either biologically or through adoption by at least 1 common parent, regardless of whether the adult former sibling ever lived in the same household as the adult adoptee. See Michigan Laws 710.22
  • Agency placement: means a placement in which a child placing agency, the department, or a court selects the adoptive parent for the child and transfers physical custody of the child to the prospective adoptive parent. See Michigan Laws 710.22
  • 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.
  • Attending practitioner: means a licensed physician or a registered professional nurse certified as a nurse midwife by the Michigan board of nursing. See Michigan Laws 710.22
  • Born out of wedlock: means a child conceived and born to a woman who was not married from the conception to the date of birth of the child, or a child whom the court has determined to be a child born during a marriage but not the issue of that marriage. See Michigan Laws 710.22
  • Child: means an individual less than 18 years of age. See Michigan Laws 710.22
  • Child placing agency: means a private organization licensed under 1973 PA 116, MCL 722. See Michigan Laws 710.22
  • Consent: means a document in which all parental rights over a specific child are voluntarily relinquished to the court for placement with a specific adoptive parent. See Michigan Laws 710.22
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract: means any oral or written agreement. See Michigan Laws 445.1802
  • 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.
  • Court: means the family division of circuit court of this state, or if the context requires, the court having jurisdiction over adoption in another state or country. See Michigan Laws 710.22
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of health and human services. See Michigan Laws 710.22
  • Direct placement: means a placement in which a parent or guardian selects an adoptive parent for a child, other than a stepparent or an individual related to the child within the fifth degree by marriage, blood, or adoption, and transfers physical custody of the child to the prospective adoptive parent. See Michigan Laws 710.22
  • Distributor: means a person, including any affiliate of the person, who meets either of the following requirements:
  (i) Purchases motor fuel for sale, consignment, or distribution to another. See Michigan Laws 445.1802
  • Formal placement: means a placement that is approved by the court under section 51 of this chapter. See Michigan Laws 710.22
  • Franchise: means a contract between a refiner and a retailer or between a distributor and a retailer, under which a refiner or distributor authorizes or permits a retailer to use, in connection with the sale, consignment, or distribution of gasoline, diesel, gasohol, or aviation fuel, a trademark that is owned or controlled by a refiner, or by a refiner that supplies fuel to the distributor that authorizes or permits such use. See Michigan Laws 445.1802
  • Franchisee: means a retailer who is authorized or permitted, under a franchise, to use a trademark in connection with the sale, consignment, or distribution of fuel. See Michigan Laws 445.1802
  • Franchisor: means a refiner or distributor who authorizes or permits, under a franchise, a retailer to use a trademark in connection with the sale, consignment, or distribution of fuel. See Michigan Laws 445.1802
  • 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.
  • 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
  • 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.
  • 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
  • Marketing premises: means , in the case of any franchise, premises that, under the franchise, are to be employed by the franchisee in connection with the sale, consignment, or distribution of motor fuel. See Michigan Laws 445.1802
  • Motor fuel: means gasoline and diesel fuel of a type distributed for use as a fuel in self-propelled vehicles designed primarily for use on public streets, roads, and highways. See Michigan Laws 445.1802
  • 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.
  • Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 710.22
  • person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Refiner: means a person engaged in the refining of crude oil to produce motor fuel, and includes any affiliate of the person. See Michigan Laws 445.1802
  • Relative: means that term as defined in section 13a of chapter XIIA. See Michigan Laws 710.22
  • Release: means a document in which all parental rights over a specific child are voluntarily relinquished to the department or to a child placing agency. See Michigan Laws 710.22
  • Retailer: means any person who purchases motor fuel for sale to the general public for ultimate consumption. See Michigan Laws 445.1802
  • shall not apply: means that the pertinent provision is not operative as to certain persons or things or in conjunction with a particular date or dates. See Michigan Laws 8.4c
  • 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
  • Suitable to be a parent of an adoptee: means a conclusion that there is no specific concern with respect to an individual that would suggest that placement of any child, or a particular child, in the home of the individual would pose a risk of harm to the physical or psychological well-being of the child. See Michigan Laws 710.22
  • Temporary placement: means a placement that occurs before court approval under section 51 of this chapter and that meets the requirements of section 23d of this chapter. See Michigan Laws 710.22
  • to place: means selection of an adoptive parent for a child and transfer of physical custody of the child to a prospective adoptive parent in compliance with this chapter. See Michigan Laws 710.22
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.