Bill Text: MI HB4343 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Occupations; vehicles, dealers and repair facilities; penalties for acting as a motor vehicle repair facility without registration; revise. Amends 1974 PA 300 (MCL 257.1301 - 257.1340) by adding secs. 20a & 22a.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Introduced - Dead) 2016-09-07 - Re-referred To Committee On Transportation And Infrastructure [HB4343 Detail]
Download: Michigan-2015-HB4343-Introduced.html
HOUSE BILL No. 4343
March 12, 2015, Introduced by Reps. Santana, Pettalia, Byrd, Robinson, Leutheuser and Kosowski and referred to the Committee on Transportation and Infrastructure.
A bill to amend 1974 PA 300, entitled
"Motor vehicle service and repair act,"
(MCL 257.1301 to 257.1340) by adding sections 20a and 22a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 20a. A registered motor vehicle repair facility under
this act is no longer registered if more than 30 days have passed
after the expiration date of the registration and the administrator
has not received an application for renewal during that period.
Sec. 22a. (1) In addition to any other remedies or penalties
under this act or otherwise provided by law, if the administrator
determines that a person that is required to register a motor
vehicle repair facility under section 6 has not registered that
facility under this act, the administrator may do 1 or more of the
following:
(a) Issue the person a verbal or written warning. The
administrator shall provide notice in writing of the issuance of a
written warning under this subdivision to the person against which
the order is issued.
(b) Issue a cease and desist order. A cease and desist order
issued by the administrator may require the person to cease and
desist from the unlawful act or practice or to take any affirmative
action that the administrator determines is necessary for the
person to meet the requirements of this act. The administrator
shall provide notice in writing of the issuance of a cease and
desist order under this subdivision to the person against which the
order is issued.
(c) Assess an administrative fine of not more than $5,000.00
for a first violation of the registration requirements of this act,
and not more than $7,500.00 for each subsequent violation that
occurs within 7 years of a previous violation. The administrator
shall provide notice in writing of the assessment of a fine under
this section to the person against which the fine is assessed. At a
minimum, the notice of assessment shall contain all of the
following:
(i) A unique identification number.
(ii) A description of the alleged violation that is the basis
for the assessment, including the date the alleged violation
occurred and a reference to the specific section or sections of the
act that the person allegedly violated.
(iii) The administrative fine established for the violation.
(iv) A statement indicating that if the fine is not paid, the
administrator may refer the fine to the department of treasury for
collection.
(2) Within 20 days after receiving the written notice of
assessment described in subsection (1)(c), the alleged violator
shall do all of the following:
(a) Pay the administrative fine to the administrator.
(b) If the person has not registered the motor vehicle repair
facility under this act at the time the administrative fine is
paid, submit a properly completed registration application to the
administrator.
(3) If the administrator issues a cease and desist order or a
written warning under subsection (1) to a motor vehicle repair
facility, the administrator may require that the facility
conspicuously display any and all of the order or warning on all
doors that provide access to the facility by members of the public
and to continue that display until the administrator approves
removal.
(4) All of the following apply to the service of a notice of
written warning, a cease and desist order, or a notice of
assessment of a fine under subsection (1):
(a) The administrator shall serve the notice or order in
person, by a designated agent of the administrator, or by first-
class mail.
(b) Service under subdivision (a) by first-class mail is
complete on the expiration of 5 days after the mailing of the
notice or order.
(c) Proof of service may be made by a certificate of an
individual who is at least 18 years old, that names the person to
which the notice or order was mailed and specifies the time and
place it was mailed.
(5) After a person pays the administrator an administrative
fine assessed under this section, the administrator shall forward
the money to the department of treasury for deposit in a separate
fund within the general fund. Upon appropriation, this money shall
be used first to defray the expense of the administrator in
administering this act.
(6) If an administrative fine assessed under this section is
not paid within 60 days after the date the fine was assessed, the
administrator may refer the matter to the department of treasury
for collection as a state debt through the offset of state tax
refunds and may use the services of the department of treasury to
levy the salary, wages, or other income or assets of the person as
provided by law.
(7) Payment of an administrative fine assessed under this
section does not constitute an admission of responsibility or guilt
by the person against which the fine is assessed. Payment of an
administrative fine assessed under this section does not prevent
the administrator from charging a violation described in the
assessment of the administrative fine in a subsequent or concurrent
contested case proceeding conducted by the administrator under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
(8) If the person submits a properly completed application and
appropriate fee for motor vehicle repair facility registration
within 20 days after an administrative fine under subsection (1) is
assessed, and if the administrator registers the motor vehicle
repair facility within 45 days after receiving the properly
completed application and fee, the administrator shall reduce the
amount of the administrative fine by 50%.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
