Bill Text: MI HB6110 | 2019-2020 | 100th Legislature | Introduced


Bill Title: Administrative procedure: other; summary suspension of license for violation of COVID-19 executive order; prohibit. Amends sec. 92 of 1969 PA 306 (MCL 24.292).

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2020-09-01 - Bill Electronically Reproduced 08/17/2020 [HB6110 Detail]

Download: Michigan-2019-HB6110-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL NO. 6110

August 17, 2020, Introduced by Reps. Paquette and Meerman and referred to the Committee on Regulatory Reform.

A bill to amend 1969 PA 306, entitled

"Administrative procedures act of 1969,"

by amending section 92 (MCL 24.292), as amended by 2014 PA 540.

the people of the state of michigan enact:

Sec. 92. (1) Before beginning proceedings for the suspension, revocation, annulment, withdrawal, recall, cancellation or amendment of a license, an agency shall give notice, personally or by mail, to the licensee of facts or conduct that warrants the intended action. The licensee shall must be given an opportunity to show compliance with all lawful requirements for retention of the license except as otherwise provided in any of the following:

(a) The support and parenting time enforcement act, 1982 PA 295, MCL 552.601 to 552.650.

(b) The regulated occupation support enforcement act, 1996 PA 236, MCL 338.3431 to 338.3436.

(c) Section 41309 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.41309.

(2) If Except as otherwise provided in subsection (3), if the agency finds that the public health, safety, or welfare requires emergency action and incorporates this finding in its order, summary suspension of a license may be ordered effective on the date specified in the order or on service of a certified copy of the order on the licensee, whichever is later, and effective during the proceedings. The proceedings shall must be promptly commenced and determined.

(3) An agency shall not order summary suspension of a license under subsection (2) for a violation of an executive order issued by the governor during a state of disaster or emergency declared under the emergency management act, 1976 PA 390, MCL 30.401 to 30.421, or 1945 PA 302, MCL 10.31 to 10.33, relating to COVID-19. This subsection does not apply if the licensee's conduct would be a ground for summary suspension of a license under the laws of this state if the executive order had not been issued. As used in this subsection, "COVID-19" means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).

Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 100th Legislature are enacted into law:

(a) Senate Bill No.____ or House Bill No. 6108 (request no. 07349'20).

(b) Senate Bill No.____ or House Bill No. 6111 (request no. 07350'20).

(c) Senate Bill No.____ or House Bill No. 6109 (request no. 07351'20).

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