Mich. Comp. Laws § 324.1616 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.1616
Interstate wildlife violator compact; enforcement; duties and powers of department; suspension of license privileges; surrender of license; hearing; limitations; failure to surrender license as misdemeanor; penalty; "compact" defined.
Status: in_force

Sec. 1616.

(1) The department shall enforce the compact and shall do all things within the department's jurisdiction that are appropriate in order to effectuate the purposes and the intent of the compact.

(2) On behalf of this state, the department may do either of the following:

(a) Withdraw from the compact under article VIII of the compact.

(b) Adopt amendments to the compact under article IX of the compact.

(3) Pursuant to article IV(a) of the compact, if the department receives notice from the licensing authority of an issuing state that a resident of this state has failed to comply with the terms of a citation, the department shall suspend the license privileges of the resident.

(4) Pursuant to article IV(b) of the compact, if the department receives notice of conviction of a resident of this state from the licensing authority of an issuing state, the department shall suspend the license privileges of the resident if the conviction would have resulted in mandatory suspension of the license had it occurred in this state. The department may suspend the license privileges if the conviction could have resulted in discretionary suspension of the license had the conviction occurred in this state.

(5) Pursuant to article V(a) of the compact, if the department receives notice of the suspension of any person's license privileges by a participating state, the department shall determine whether the violation leading to the suspension would have led to the suspension of license privileges under this state's law in accordance with the compact manual. If the department determines that the person's license privileges would have been suspended, the department may suspend the person's license privileges for the same period as imposed by the participating state, but not to exceed the maximum period allowed by the law of this state.

(6) If the department suspends a person's license privileges pursuant to the compact, the department shall provide the person with an opportunity for an evidentiary hearing under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, limited to the following grounds:

(a) Whether, under article IV(a) of the compact, the person failed to comply with the terms of a citation in another participating state.

(b) Whether, under article IV(b) of the compact, there was a conviction in another participating state and the conviction would have led to the suspension of license privileges under this state's law, the conviction is on appeal in the participating state, or the alleged violator is not the proper party.

(c) Whether, under article V of the compact, a participating state suspended the person's license privileges and the violation leading to the suspension would have led to the forfeiture of privileges under this state's law, the conviction is on appeal in the participating state, or the alleged violator is not the proper party.

(7) An evidentiary hearing shall be requested within 20 days after the department sends the person notice of the suspension. The person shall surrender to the department any licenses issued under part 435 to the person within 10 days after notice of the suspension is sent. The department shall, by first-class mail, send to any resident of this state at his or her last known address notice of the suspension, of the opportunity for an evidentiary hearing, and of the obligation to surrender licenses.

(8) A person who fails to surrender a license under subsection (7) is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $25.00 or more than $250.00, or both.

(9) As used in this section, "compact" means the interstate wildlife violator compact provided for in section 1615. If a term defined in article II of the compact is used in this section, the definitions in article II of the compact apply to that term as used in this section.

History: Add. 2013, Act 37, Imd. Eff. May 28, 2013