FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 338.3644 — MI Code / Chapter 338 / Act Act-403-of-2004 / Section 338.3644
Formal complaint.
Status: in_force

Sec. 44.

(1) A summary suspension order, cease and desist order, or injunctive relief issued or granted in relation to a license is in addition to and not in place of an informal conference; criminal prosecution; or proceeding to deny, revoke, or suspend a license; or any other action authorized under this act.

(2) After an investigation is conducted and a formal complaint is prepared, the department shall serve the formal complaint on the respondent and the complainant. At the same time, the department shall serve the respondent with a notice describing the compliance conference and hearing process and offering the respondent a choice of 1 of the following opportunities:

(a) An opportunity to meet with the department to negotiate a settlement of the matter.

(b) If the respondent is a licensee or registrant under this act, an opportunity to demonstrate compliance before a contested case hearing is held.

(c) An opportunity to proceed to a contested case hearing.

(3) A respondent upon which service of a formal complaint is made under this section may select, within 15 days after the receipt of notice, 1 of the options described in subsection (2). If a respondent does not select 1 of those options within the time period described in this section, then the department shall proceed to a contested case hearing as described in subsection (2)(c).

(4) An informal conference may be attended by a member of the commission, at the discretion of that commission, and may result in the agreement of the parties and the department to a settlement. A settlement may include the revocation or suspension of a license; censure; probation; restitution; or a penalty under section 48. The commission may reject a settlement and require a contested case hearing.

(5) An employee of the department may represent the department in any contested case hearing.

(6) This chapter does not prevent a person against which a complaint is filed from showing compliance with this act or a rule promulgated or an order promulgated or issued under this act.

(7) If an informal conference is not held or does not result in a settlement, the department shall allow the respondent an administrative hearing. A member of the commission may attend a hearing under this section.

(8) The department or the department of the attorney general may petition a court of competent jurisdiction to issue a subpoena that requires the person subpoenaed to appear or testify or produce relevant documentary material for examination at a proceeding.

History: 2004, Act 403, Eff. Feb. 20, 2005; Am. 2015, Act 183, Eff. Feb. 10, 2016
Mich. Comp. Laws § 333.5472 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.5472
Notice of lead-based paint abatement.
Status: in_force

Sec. 5472.

Before beginning a lead-based paint abatement, a person conducting lead-based paint abatement shall notify the department, on forms provided by the department or through electronic methods approved by the department, regarding information the department considers necessary in order to conduct an unannounced site inspection. The person shall send notification not less than 3 business days before commencing the lead-based paint abatement.

History: Add. 1998, Act 219, Imd. Eff. July 1, 1998; Am. 2002, Act 644, Imd. Eff. Dec. 23, 2002
Mich. Comp. Laws § 380.601 — MI Code / Chapter 380 / Act Act-451-of-1976 / Section 380.601
Provisions governing intermediate school district.
Status: in_force

Sec. 601.

An intermediate school district shall be governed by this part and by those provisions of articles 2, 3, and 4 which relate specifically to intermediate school districts, intermediate school boards, and intermediate superintendents.

History: 1976, Act 451, Imd. Eff. Jan. 13, 1977
Mich. Comp. Laws § 339.918 — MI Code / Chapter 339 / Act Act-299-of-1980 / Section 339.918
Communication with consumer; notice; effect of disputing validity of debt; verification of debt; failure to dispute validity of debt.
Status: in_force

Sec. 918.

Within 5 days after the initial communication with a consumer in connection with a collection of a debt, a collection agency shall send the consumer, unless the following information is contained in the initial communication or the consumer has paid the debt, a written notice containing all of the following information:

The amount of the debt owed.

The date the communication was sent to the debtor.

The name of the creditor to whom the debt is owed.

A statement specifying that unless the consumer, within 30 days after receipt of this notice, disputes the validity of the debt, or a portion of the debt, the debt will be assumed to be valid.

A statement specifying that, if the consumer notifies the collection agency in writing within 30 days after receipt of this notice, that the debt, or any portion of the debt, is disputed, the collection agency shall obtain verification of the debt or a copy of a judgment against the consumer and that a copy of the verification or judgment shall be mailed to the consumer by the collection agency.

If the consumer notifies the collection agency in writing, within 30 days after receiving the written notice, that the debt, or any portion of the debt, is disputed, collection of the debt or any disputed portion of the debt shall cease until the collection agency obtains verification of the debt and a copy of the verification or judgment is mailed to the consumer by the collection agency. Verification of the debt or any disputed portion of the debt shall include the number and amount of previously made payments and the name and address of the orginal creditor, if different from the current creditor, or a copy of the judgment against the debtor.

The failure of a consumer to dispute the validity of a debt under this section shall not be construed as an admission of liability by the consumer.

History: Add. 1981, Act 83, Imd. Eff. July 1, 1981
Mich. Comp. Laws § 324.78102 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.78102
Michigan state waterways commission; creation; appointment, qualifications, and terms of members; oath; reimbursement for expenses; removal of members; vacancies; seal; rules; election of officers; action by commission; offices and equipment.
Status: in_force

Sec. 78102.

There is created a state commission to be known and designated as the Michigan state waterways commission. The commission shall consist of 7 members, who shall be appointed by the governor, with the advice and consent of the senate. The term of office of each member shall be 3 years, except that of members first appointed, 2 shall be appointed for 1 year, 2 shall be appointed for 2 years, and 1 shall be appointed for 3 years. Not less than 2 members shall reside north of townline 16, 1 of whom shall reside in the upper peninsula and 1 of whom shall reside in the lower peninsula. One of the members shall be an individual who owns or operates a harbor or marina in this state at the time of his or her appointment and during his or her membership on the commission. One member shall be a representative of the marine-trades industry who does not own or operate a harbor or marina. The first term of the individual who owns or operates a harbor or marina shall expire on September 18, 1989. The first term of the marine-trade representative who does not own or operate a harbor or marina shall expire on September 18, 1988. A member appointed to fill a vacancy occurring other than by expiration of a term shall be appointed for the unexpired term. Members shall qualify by taking and filing the constitutional oath of office. A member of the commission shall not receive a salary for his or her services as a commissioner, but may be reimbursed for actual and necessary expenses incurred in performance of official duties. The members of the commission may be removed by the governor for inefficiency, neglect of duty, misuse of office, or malfeasance in office, in the manner provided by law for the removal of other public officers for similar causes. Vacancies shall be filled for the unexpired term in the same manner as original appointments. The commission shall, immediately upon its appointment, organize, adopt a seal, and make, amend, and revise the rules necessary for the administration of the commission's duties under this part. The commission at the organization meeting shall elect from its members a chairperson and vice-chairperson to serve for 1 year and annually thereafter shall elect such officers, each to serve until his or her successor is appointed and qualified. Action shall not be taken by the commission with less than a majority assent of its members. The department of management and budget shall provide suitable offices and equipment for the use of the commission.

History: Add. 1995, Act 58, Imd. Eff. May 24, 1995
Mich. Comp. Laws § 168.728 — MI Code / Chapter 168 / Act Act-116-of-1954 / Section 168.728
Challenges; disposition.
Status: in_force

Sec. 728.

If at the time a person proposing to vote is challenged, there are several persons awaiting their turn to vote, said challenged person shall stand to one side until after unchallenged voters have had an opportunity to vote, when his case shall be taken up and disposed of.

History: 1954, Act 116, Eff. June 1, 1955
Mich. Comp. Laws § 450.3148 — MI Code / Chapter 450 / Act Act-162-of-1982 / Section 450.3148
Purchase or sale under execution, in course of bankruptcy, or by legal process or operation of law; pledge of certificate; assignment of proprietary lease or other agreement.
Status: in_force

Sec. 1148.

The purchase or sale of any member capital or privileges in a cooperative made under execution, or in the course of bankruptcy proceedings, or by any legal process or by operation of law, shall not give any person any membership right, title, or interest in a cooperative, unless in accordance with the articles or bylaws of the cooperative.

No subsequent amendment to the articles or bylaws shall invalidate or otherwise impair a pledge of a certificate issued under section 1136 or an assignment of a proprietary lease or other agreement providing for occupancy of facilities furnished by the cooperative, if the pledge or assignment was made when the articles or bylaws expressly permitted the pledge or assignment in connection with loans made to members.

History: Add. 1984, Act 209, Eff. Nov. 1, 1985
Mich. Comp. Laws § 207.1035 — MI Code / Chapter 207 / Act Act-403-of-2000 / Section 207.1035
School bus owned, operated, or leased by educational institution; refund or deduction on gasoline or diesel fuel sold tax-free.
Status: in_force

Sec. 35.

A person may seek a refund or claim a deduction for tax paid under this act on motor fuel that is sold tax-free by the person seeking the refund or claiming the deduction to a nonprofit, private, parochial, or denominational school, college, or university for use in a school bus owned and operated or leased and operated by the educational institution that is used in the transportation of students to and from the institution or to and from school functions authorized by the administration of the institution.

History: 2000, Act 403, Eff. Apr. 1, 2001
Mich. Comp. Laws § 322.243 — MI Code / Chapter 322 / Act Act-292-of-1907 / Section 322.243
Original field notes; filing, effect.
Status: in_force

Sec. 3.

The original notes of the field work performed under the provisions of this act shall be placed on file in the state land office and all corners and boundary lines so established shall be of the same force and effect as those established by the original United States survey.

History: 1907, Act 292, Imd. Eff. June 27, 1907; CL 1915, 473; CL 1929, 5864; CL 1948, 322.243
Mich. Comp. Laws § 462.325 — MI Code / Chapter 462 / Act Act-354-of-1993 / Section 462.325
Fencing in agricultural areas; other areas.
Status: in_force

Sec. 325.

The department, after notice and hearing, may order a railroad to erect and maintain such fencing along railroad right-of-way in agricultural areas as shall be necessary to prevent livestock from entry upon that right-of-way. Such fencing shall not be required unless the other boundaries of the property are fenced.

In agricultural areas, the cost and expense of installation, maintenance, and repair of fencing shall be borne by the railroad. However, if gates or cattle guards are necessitated by the existence of a farm crossing, the cost and expense of installation, maintenance, and repair of such gates or cattle guards shall be considered a cost of the crossing to be borne by the party requesting the gates or cattle guards.

The owner or proprietors of the adjacent farm lands, upon 30 days' written notice to the railroad, may erect or repair the fence and then may recover from the railroad in any court of competent jurisdiction the cost of the fence, together with reasonable compensation for labor in the construction of the fence. The railroad shall also be liable for damages caused by its agents, engines, or cars to livestock by reason of the livestock escaping due to failure to construct or maintain a fence.

The responsibility for and cost of installation, maintenance, and repair of fences in all other areas shall be borne by the property owner adjacent to the railroad unless the fencing is necessitated by the construction of new or the expansion of existing rail facilities, in which case the costs shall be borne by the railroad. The installation of fencing shall be consistent with the clearance requirement of this act. Conflicts between the parties shall be submitted to and decided by the department by order.

History: 1993, Act 354, Imd. Eff. Jan. 14, 1994
Mich. Comp. Laws § 600.5785 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.5785
Contested action to terminate tenancy; liquidated damages.
Status: in_force

Sec. 5785.

In every contested action to terminate a tenancy in a mobile home park for just cause, the court shall award liquidated damages to the prevailing party if a provision requiring liquidated damages is included in the lease or rental agreement governing the tenancy or rules or regulations adopted pursuant to the lease or rental agreement, as prescribed in section 28c of the mobile home commission act, Act No. 96 of the Public Acts of 1987, being section 125.2328c of the Michigan Compiled Laws. The liquidated damages shall not be construed to be a penalty.

History: Add. 1988, Act 336, Eff. May 1, 1989
Mich. Comp. Laws § 554.1024 — MI Code / Chapter 554 / Act Act-16-of-2018 / Section 554.1024
Stay or injunction.
Status: in_force

Sec. 14.

(1) Except as otherwise provided in subsection (4) or ordered by the court, an order appointing a receiver operates as a stay, applicable to all persons, of an act, action, or proceeding to do any of the following:

(a) Obtain possession of, exercise control over, or enforce a judgment against receivership property.

(b) Enforce a lien against receivership property to the extent the lien secures a claim against the owner that arose before entry of the order.

(2) Except as otherwise provided in subsection (4), the court may enjoin an act, action, or proceeding against or relating to receivership property if the injunction is necessary to protect the property or facilitate administration of the receivership.

(3) A person whose act, action, or proceeding is stayed or enjoined under this section may apply to the court for relief from the stay or injunction for cause.

(4) An order under subsection (1) or (2) does not operate as a stay or injunction of any of the following:

(a) An act, action, or proceeding to foreclose or otherwise enforce a security agreement by the person seeking appointment of the receiver.

(b) An act, action, or proceeding to perfect, or maintain or continue the perfection of, an interest in receivership property.

(c) Commencement or continuation of a criminal proceeding.

(d) Commencement or continuation of an action or proceeding, or enforcement of a judgment other than a money judgment in an action or proceeding, by a governmental unit to enforce its police or regulatory power.

(e) Establishment by a governmental unit of a tax liability against the owner or receivership property or an appeal of the liability.

(5) The court may void an act that violates a stay or injunction under this section.

(6) If a person knowingly violates a stay or injunction under this section, the court may do 1 or both of the following:

(a) Award actual damages caused by the violation, reasonable attorney fees, and costs.

(b) Sanction the violation as contempt.

History: 2018, Act 16, Eff. May 7, 2018; Am. 2020, Act 210, Imd. Eff. Oct. 15, 2020
Mich. Comp. Laws § 400.1121 — MI Code / Chapter 400 / Act Act-202-of-2024 / Section 400.1121
Short title.
Status: in_force

Sec. 1.

This act may be cited as the "bureau of community action and economic opportunity act".

History: 2024, Act 202, Eff. Apr. 2, 2025
Mich. Comp. Laws § 168.625 — MI Code / Chapter 168 / Act Act-116-of-1954 / Section 168.625
Voting delegate ballot; returns; notice; furnishing names and addresses of delegates to county convention; tie vote; determination of successful candidate; determining if candidate is registered elector.
Status: in_force

Sec. 625.

A delegate ballot must be voted in the same manner as ballots bearing the names of the candidates for other county offices. The returns must be made direct to the county clerk, who shall canvass the ballots and immediately notify the successful candidates by first-class mail at the address given in their affidavit of identity. The county clerk shall, at the same time, furnish the chairperson of the county committee of each political party with the names and addresses of the delegates to the county convention of the chairperson's political party as required in section 608. However, in case of a tie vote between the candidates for delegate in any precinct, the county clerk shall notify the candidates to appear in his or her office at a specified time, and the successful candidate must be determined by drawing in a manner similar to that provided in section 851. If a candidate is elected whose name is not printed on the ballots, the county clerk shall determine if the candidate is a registered elector in that precinct.

History: 1954, Act 116, Eff. June 1, 1955; Am. 1956, Act 190, Imd. Eff. Apr. 26, 1956; Am. 1988, Act 116, Imd. Eff. May 2, 1988; Am. 2018, Act 611, Eff. Mar. 29, 2019
Mich. Comp. Laws § 455.220 — MI Code / Chapter 455 / Act Act-137-of-1929 / Section 455.220
Corporate term of existence; expiration; cessation of jurisdiction.
Status: in_force

Sec. 20.

When a corporation, organized under this act, shall dissolve or its term of existence expires by limitation, all jurisdiction over streets, alleys and highways shall cease and the said streets, alleys and highways shall thereupon become dedicated to the use of the public, and in such case the lands of the members shall be cleared of all jurisdiction conferred by the provisions of this act.

History: 1929, Act 137, Eff. Aug. 28, 1929; CL 1929, 10382; CL 1948, 455.220
Mich. Comp. Laws § 691.1690 — MI Code / Chapter 691 / Act Act-371-of-2012 / Section 691.1690
Consolidation of separate arbitration proceedings.
Status: in_force

Sec. 10.

(1) Except as otherwise provided in subsection (3), on motion of a party to an agreement to arbitrate or to an arbitration proceeding, the court may order consolidation of separate arbitration proceedings as to all or some of the claims if all of the following apply:

(a) There are separate agreements to arbitrate or separate arbitration proceedings between the same persons or 1 of them is a party to a separate agreement to arbitrate or a separate arbitration proceeding with a third person.

(b) The claims subject to the agreements to arbitrate arise in substantial part from the same transaction or series of related transactions.

(c) The existence of a common issue of law or fact creates the possibility of conflicting decisions in the separate arbitration proceedings.

(d) Prejudice resulting from a failure to consolidate is not outweighed by the risk of undue delay or prejudice to the rights of or hardship to parties opposing consolidation.

(2) The court may order consolidation of separate arbitration proceedings as to some claims and allow other claims to be resolved in separate arbitration proceedings.

(3) The court may not order consolidation of the claims of a party to an agreement to arbitrate if the agreement prohibits consolidation.

History: 2012, Act 371, Eff. July 1, 2013
Mich. Comp. Laws § 205.425a — MI Code / Chapter 205 / Act Act-327-of-1993 / Section 205.425a
Procurement of stamps; designs, denominations, and forms; request for proposal.
Status: in_force

Sec. 5a.

(1) The department shall procure stamps as needed in the various designs, denominations, and forms necessary as determined by the department. The department shall pay for the stamps.

(2) Not later than August 4, 2012, the department shall issue a request for proposal to acquire and use digital stamps that contain a unique nonrepeating code that can be read by a device that identifies the taxed product and also contain other security and enforcement features as determined by the department. The request for proposal must include a provision that requires the successful bidder on the proposal to share digital stamp technology so that handheld devices, including, but not limited to, smartphones, can be readily utilized in furtherance of the implementation of the use of digital stamps and so that the technology and equipment used by the stamping agents to affix the stamp to the product can be supplied, as may be permitted by the department, by the successful bidder on the proposal or by any other providers. The request for proposal must also include a provision permitting the department to manage or restrict access rights to all or part of the information contained within, or accessible from, the stamps and a provision requiring the successful bidder on the proposal to guarantee that the stamps will be designed and manufactured to ensure that stamps can be affixed to individual packages of cigarettes in accordance with the requirements under section 6a(2) and (3).

History: Add. 1997, Act 187, Imd. Eff. Dec. 30, 1997; Am. 2012, Act 188, Imd. Eff. June 20, 2012; Am. 2022, Act 171, Imd. Eff. July 21, 2022
Mich. Comp. Laws § 257.321 — MI Code / Chapter 257 / Act Act-300-of-1949 / Section 257.321
Surrender of license; replacement.
Status: in_force

Sec. 321.

Upon suspending or revoking a license, the department shall require that the license be surrendered to and be destroyed by the department. At the end of the suspension period, the licensee may obtain a replacement license.

History: 1949, Act 300, Eff. Sept. 23, 1949; Am. 2002, Act 534, Eff. Oct. 1, 2002
Mich. Comp. Laws § 500.3436 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.3436
Other insurance with same insurer; optional provision.
Status: in_force

Sec. 3436.

There may be a provision as follows:

OTHER INSURANCE IN THIS INSURER: If an accident or sickness or accident and sickness policy or policies previously issued by the insurer to the insured be in force concurrently herewith, making the aggregate indemnity for ...................... (insert type of coverage or coverages) in excess of $..................... (insert maximum limit of indemnity or indemnities), the excess insurance shall be void and all premiums paid for such excess shall be returned to the insured or to his estate.

Or, in lieu thereof:

Insurance effective at any one time on the insured under a like policy or policies in this insurer is limited to the one such policy elected by the insured, his beneficiary or his estate, as the case may be, and the insurer will return all premiums paid for all other such policies.

History: 1956, Act 218, Eff. Jan. 1, 1957