FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 324.63538 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.63538
Commencement of civil action; notice of intent to commence civil action; rule; notice of violation; effect of action by state; intervention by department or federal regulatory agency; costs of litigation; filing of security if temporary restraining order or preliminary injunction sought; construction of section.
Status: in_force

Sec. 63538.

Except as provided in subsections (2) and (3), a person having an interest that is or may be adversely affected by an operation not in compliance with a permit or this part may commence a civil action in circuit court or federal district court, whichever has jurisdiction, on his or her own behalf to compel compliance against any of the following:

The department or other state agency if there is alleged a failure of the department or other state agency to perform any act or duty under this part that is not discretionary with the department or other state regulatory authority.

Any governmental instrumentality or agency of the United States that is alleged to be in violation of this part or of any rule, order, or permit issued pursuant to this part or any other person who is alleged to be in violation of any rule, order, or permit issued pursuant to this part.

An action shall not be commenced under subsection (1)(a) until 20 days after the person intending to bring the action has given notice in writing of the intent to commence a civil action to the department or other state regulatory authority in the manner as the department shall by rule prescribe, except that the action may be brought immediately after the notification if the violation or order complained of constitutes an imminent threat to the health or safety of the plaintiff or would immediately affect a legal interest of the plaintiff.

An action shall not be commenced under subsection (1)(b) until 20 days after the person intending to bring the action has given notice in writing of the violation to the department and to any alleged violator. However, if this state has commenced and is diligently prosecuting a civil action in a court of this state or the United States to require compliance with the provisions of this part, or any rule, order, or permit issued pursuant to this part, an action shall not be commenced pursuant to subsection (1)(b). In a civil action brought under this section, the department or federal regulatory agency, if not a party, may intervene as a matter of right.

The circuit court, in an action brought pursuant to this section, may award costs of litigation, including attorney and expert witness fees to a party. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security.

This section shall not be construed to restrict any right that a person or class of persons has under any statute or common law to seek enforcement of this part and the rules promulgated under this part, or to seek any other relief, including relief against the department.

History: Add. 1995, Act 57, Imd. Eff. May 24, 1995
Mich. Comp. Laws § 333.16803 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.16803
Practice of audiology; license required; use of words, titles, or letters.
Status: in_force

Sec. 16803.

(1) Beginning September 4, 2004 and except as otherwise provided in section 16807, an individual shall not engage in the practice of audiology unless licensed or otherwise authorized by this article.

(2) The following words, titles, or letters or a combination thereof, with or without qualifying words or phrases, are restricted in use only to those individuals authorized under this part to use the following terms and in a way prescribed in this part: "audiometrist", "audiologist", "hearing therapist", "hearing aid audiologist", "educational audiologist", "industrial audiologist", and "clinical audiologist".

History: Add. 2004, Act 97, Imd. Eff. May 7, 2004; Am. 2006, Act 411, Imd. Eff. Sept. 29, 2006
Mich. Comp. Laws § 54.262 — MI Code / Chapter 54 / Act Act-345-of-1990 / Section 54.262
Definitions.
Status: in_force

Sec. 2.

As used in this act:

(a) "Commission" means the state survey and remonumentation commission created in section 3.

(b) "County plan" means a county monumentation and remonumentation plan and perpetual monument maintenance plan established under section 8.

(c) "County representative" means the individual obligated to perform the duties of county representative under section 9.

(d) "Department" means the department of licensing and regulatory affairs.

(e) "Fund" means the state survey and remonumentation fund created in section 11.

(f) "Monumentation" means all land surveying activities performed by a surveyor to monument a protracted public land survey corner under this act and in accordance with the laws of this state.

(g) "Original public land survey corner" means a corner established and monumented pursuant to orders and instructions issued by the United States government for the purposes of delineating United States public lands and private lands or subdividing public lands for conveyance.

(h) "Property controlling corner" means either of the following:

( i ) A position misidentified as and used as an original public land survey corner or as a protracted public land survey corner that serves to control property lines.

( ii ) Any other corner approved by the department, acting in consultation with the commission.

(i) "Protracted public land survey corner" means either of the following:

( i ) A closing quarter section position along a township or range line or a center quarter section position that was not actually monumented on the ground in the field notes of the original United States government survey, but that serves to complete the nominal half-mile grid of government corners.

( ii ) A monumented position that is not an original public land survey corner, lying on a section line or quarter line near a body of water, that serves to define the section line or quarter line in lieu of a submerged government position or an omitted meander position.

(j) "Remonumentation" means all land surveying activities performed by a surveyor to perpetuate a previously monumented original public land survey corner, protracted public land survey corner, or property controlling corner as provided in this act.

(k) "Surveyor" means a professional surveyor who is licensed to practice professional surveying under article 20 of the occupational code, 1980 PA 299, MCL 339.2001 to 339.2014.

History: 1990, Act 345, Eff. Jan. 1, 1991; Am. 1998, Act 5, Imd. Eff. Feb. 6, 1998; Am. 2010, Act 260, Eff. Dec. 22, 2010; Am. 2014, Act 166, Imd. Eff. June 12, 2014
Mich. Comp. Laws § 324.508 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.508
Fees and rentals for photographic or publication products or services; disposition and use; limitation; unexpended fees and rentals.
Status: in_force

Sec. 508.

The department may establish and collect fees and rentals for any photographic or publication products or services that the department provides. The fees and rentals shall be credited to a separate fund of the state treasury and shall be available for appropriation to the department of natural resources and used to provide the photographic or publication products or services. The fees and rentals shall not exceed the material costs to the department of providing the products or services. In addition, the expenditures made in a fiscal year to provide the photographic and publication products or services shall not exceed the amount appropriated for that purpose for that fiscal year, plus any amounts carried over from previous fiscal years, or the amount of fees and rentals actually received during that fiscal year, plus any amounts carried over from previous fiscal years, whichever is less. Any unexpended fees and rentals collected pursuant to this section, along with any excess collections from prior fiscal years, shall be carried over into subsequent fiscal years and shall be available for appropriation for the purposes described in this section.

History: 1994, Act 451, Eff. Mar. 30, 1995
Mich. Comp. Laws § 35.979 — MI Code / Chapter 35 / Act Act-8-of-1955 / Section 35.979
Administration of act; expenses; payment; appropriation.
Status: in_force

Sec. 9.

The expenses of the administration of this act subsequent to the issuance of the bonds authorized in this act, shall be paid from the Korean veterans' military pay fund of 1955, in accordance with the accounting laws of the state. For this purpose there is hereby appropriated a sum of not to exceed $655,000.00 from said Korean veterans' military pay fund of 1955, which shall be released by the state administrative board at the time and in amounts determined and recommended by the director of the department of management and budget, to the adjutant general, and the state treasurer as required to carry out the provisions of this act, subsequent to the issuance of the bonds authorized in this act. Any necessary expense incurred by the adjutant general prior to the effective date of this act in preparation for the prompt payment of veterans' claims in administering the purposes of this act shall be refunded to the military establishment, out of the appropriation hereby made, after an itemized claim shall have been submitted to and approved by the state administrative board.

History: 1955, Act 8, Imd. Eff. Mar. 7, 1955; Am. 1957, Act 154, Imd. Eff. May 29, 1957; Am. 2002, Act 174, Imd. Eff. Apr. 23, 2002
Mich. Comp. Laws § 125.2706 — MI Code / Chapter 125 / Act Act-127-of-1999 / Section 125.2706
Disposition of rent receipts.
Status: in_force

Sec. 6.

If the local governmental unit acts as the administrator under this act, the rental receipts shall be deposited in a separate fund within the general fund of the local governmental unit. If the local governmental unit contracts with a nonprofit community organization to act as the administrator under this act, the rental receipts shall be deposited in a segregated escrow account in a financial institution located in this state.

Rental receipts deposited under subsection (1) shall be used to make loans to qualified buyers in that local governmental unit for the improvement, repair, or rehabilitation of property in the urban homestead program, pay the costs of the audit under section 8, and, as long as the yearly costs do not exceed 40% of the yearly rental receipts, may pay the costs associated with administrating the provisions of section 4. Loans shall be made for a term not to exceed 10 years and at a rate of interest not to exceed the qualified loan rate. The administrator shall determine the terms and conditions of the loan agreement.

The administrator may solicit funds from any and all sources, both public and private, for deposit into the accounts and funds described in subsection (1).

History: 1999, Act 127, Imd. Eff. July 23, 1999
Mich. Comp. Laws § 440.9808 — MI Code / Chapter 440 / Act Act-174-of-1962 / Section 440.9808
Filing initial financing statement or continuation statement; conditions.
Status: in_force

Sec. 9808.

A person may file an initial financing statement or a continuation statement under this part if all of the following are met:

(a) The secured party of record authorizes the filing.

(b) The filing is necessary under this part to do any of the following:

( i ) To continue the effectiveness of a financing statement filed before the effective date of this amendatory act.

( ii ) To perfect or continue the perfection of a security interest.

History: Add. 2012, Act 88, Eff. July 1, 2013
Mich. Comp. Laws § 457.435 — MI Code / Chapter 457 / Act Act-130-of-1879 / Section 457.435
Subordinate councils; chartering; existing councils; regulation.
Status: in_force

Sec. 5.

Such corporation when duly formed shall have power to institute and charter subordinate councils of said order within this state, and from time to time to make, ordain, constitute and establish such general laws and by-laws, ordinances and regulations for the government of such subordinate councils, not repugnant to law or to the constitution or regulations of the grand council of the Royal Arcanum, as to them shall seem proper and necessary; and in case of violation or non-compliance with such ordinances, by-laws and regulations, to revoke and annul the charter granted to such subordinate councils: Provided, That the existing subordinate councils heretofore duly chartered by the grand council of Michigan or the supreme council, shall be subject to the control of the said grand council under this act as heretofore, and in the same manner, and to the same extent as those that may hereafter be instituted and chartered under this act.

History: 1879, Act 130, Imd. Eff. May 31, 1879; How. 4569; CL 1897, 8021; CL 1915, 10493; CL 1929, 10698; CL 1948, 457.435
Mich. Comp. Laws § 123.1295 — MI Code / Chapter 123 / Act Act-392-of-2012 / Section 123.1295
Construction of act.
Status: in_force

Sec. 35.

This act shall be liberally construed in the interest of the public health, safety, and welfare of the persons and property within an authority created under this act.

History: 2012, Act 392, Imd. Eff. Dec. 19, 2012
Mich. Comp. Laws § 168.694 — MI Code / Chapter 168 / Act Act-116-of-1954 / Section 168.694
Applicability of certain sections.
Status: in_force

Sec. 694.

Sections 691, 692, 693, and 695 apply to all city, village, and township elections held in this state under this act, except that the notice required to be given by a candidate shall, in case of a city, village, or township office, be given by him or her to the proper city or township board of election commissioners within 2 days after his or her name is certified as nominated by 2 or more political parties for the same office.

History: 1954, Act 116, Eff. June 1, 1955; Am. 2018, Act 120, Eff. Dec. 31, 2018
Mich. Comp. Laws § 389.156 — MI Code / Chapter 389 / Act Act-331-of-1966 / Section 389.156
Board of trustees; oath of office and acceptance, filing.
Status: in_force

Sec. 156.

Within 15 days after his appointment or after the final canvass of his election, each person elected or appointed as a member of the board of trustees of a community college district shall file with the secretary of the board of trustees his oath of office and his acceptance of office, accompanied by a written affidavit setting forth the fact of his eligibility as provided in section 151. Each person elected or appointed to the board of any community college district shall take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support the constitution of the United States and the constitution of this state, and that I will faithfully discharge the duties of the office of member of the board of trustees according to the best of my ability."

Any member elected to the first board of trustees of a community college district shall file his acceptance of office, affidavit of eligibility and oath of office with the secretary of the intermediate board of education of the county having the highest valuation within the community college district.

History: 1966, Act 331, Eff. Oct. 1, 1966
Mich. Comp. Laws § 440.4206 — MI Code / Chapter 440 / Act Act-174-of-1962 / Section 440.4206
Transfer between banks.
Status: in_force

Sec. 4206.

Any agreed method which identifies the transferor bank is sufficient for the item's further transfer to another bank.

History: 1962, Act 174, Eff. Jan. 1, 1964
Mich. Comp. Laws § 390.1441 — MI Code / Chapter 390 / Act Act-316-of-1986 / Section 390.1441
Liberal construction; powers to be broadly interpreted.
Status: in_force

Sec. 21.

This act shall be construed liberally to effectuate the legislative intent, the purposes of the act, and as complete and independent authority for the performance of each and every act and thing authorized in the act, and all powers granted in the act shall be broadly interpreted to effectuate such intent and purposes and not as to limitation of powers.

History: 1986, Act 316, Imd. Eff. Dec. 23, 1986
Mich. Comp. Laws § 550.1401b — MI Code / Chapter 550 / Act Act-350-of-1980 / Section 550.1401b
Certificate providing benefits for mental health services; requirements.
Status: in_force

Sec. 401b.

A certificate issued by a corporation which provides benefits for mental health services shall provide benefits for mental health services provided to an individual by a mental health care provider operated by or under contract with the department of mental health or a county community mental health board in those instances when appropriate mental health services cannot be delivered otherwise, or if the provider of the mental health services is designated by an order of a court; provided that the mental health provider meets the standards set by the corporation for all other providers of the type.

History: Add. 1984, Act 230, Eff. Dec. 20, 1984
Mich. Comp. Laws § 324.6530 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.6530
Inspection; certificate of compliance or waiver obtained at licensed testing station.
Status: in_force

Sec. 6530.

Unless the person is licensed as a fleet testing station, a person who owns a motor vehicle required to be inspected under this part and the rules promulgated under this part shall have the motor vehicle inspected and shall obtain a certificate of compliance or a waiver only at a testing station licensed under this part and the rules promulgated under this part.

History: Add. 1995, Act 60, Imd. Eff. May 24, 1995
Mich. Comp. Laws § 128.32 — MI Code / Chapter 128 / Act Act-49-of-1895 / Section 128.32
Petition; filing; contents; notice; neglect or refusal to appoint attorney or agent; proceeding by freeholder resident; security for costs.
Status: in_force

Sec. 2.

The petition shall be made by the board of trustees by an agent or attorney appointed by it for that purpose. The agent or attorney shall file a petition signed and sworn to by the agent or attorney, in the office of the register of the court for the proper county. The petition shall set forth his or her authority as attorney or agent, the particular reasons for making and filing the petition, and a distinct description of the premises on which the cemetery is located. The petition shall be filed 30 days before the first day of the term for which the petition shall be noticed for hearing. Notice of the pendency and hearing of the petition shall be given for the same space of time, by publishing the same in a newspaper, published in the proper county, once in each week for 4 successive weeks before the first day of the term when the case is noticed for hearing. If the board of trustees neglects or refuses to appoint an attorney or agent within 30 days after the complaint in writing has been filed with the board, then a freeholder resident of the township may file the petition and proceed in the same manner as though regularly appointed as an agent or attorney. The freeholder may be required, upon the order of the circuit court, to furnish security for costs should the petition be denied.

History: 1895, Act 49, Eff. Aug. 30, 1895; CL 1897, 2388; CL 1915, 2164; CL 1929, 2658; CL 1948, 128.32; Am. 1980, Act 367, Imd. Eff. Dec. 30, 1980
Mich. Comp. Laws § 570.374 — MI Code / Chapter 570 / Act Act-362-of-1998 / Section 570.374
Notice of lien.
Status: in_force

Sec. 4.

(1) A facility owner shall notify a property owner and all prior lienholders of a lien created under this act before enforcing the lien. A property owner is notified if either of the following has occurred:

(a) The property owner has signed a written repair, service, or storage agreement that includes a notice of the lien created under this act.

(b) The facility owner has mailed written notification of the lien created under this act to the property owner and all prior lienholders or has otherwise satisfied the requirements of section 5(5)(a).

(2) A facility owner who does not have a written storage or service agreement that includes a notice of a lien created under this act on property originally left at the facility only for repairs, labor, maintenance services, or materials installation on a repair order shall not do either of the following:

(a) File a lien for service or storage fees on the property before 30 days after the notice of intent to commence service or storage fees was filed with the prior lienholder.

(b) Initiate an enforcement of lien action under section 5 until 30 days after the written notice of a lien required by subsection (1)(b) is delivered to the property owner and all prior lienholders.

History: 1998, Act 362, Imd. Eff. Oct. 20, 1998; Am. 2016, Act 286, Eff. Dec. 26, 2016
Mich. Comp. Laws § 554.46 — MI Code / Chapter 554 / Act R-S-of-1846 / Section 554.46
Land conveyance; nominal conditions; effect of failure to perform.
Status: in_force

Sec. 46.

When any conditions annexed to a grant or conveyance of lands are merely nominal and evince no intention of actual and substantial benefit to the party to whom or in whose favor they are to be performed, they may be wholly disregarded, and a failure to perform the same shall in no case operate as a forfeiture of the lands conveyed subject thereto.

History: R.S. 1846, Ch. 62; CL 1857, 2630; CL 1871, 4113; How. 5562; CL 1897, 8828; CL 1915, 11564; CL 1929, 12966; CL 1948, 554.46
Mich. Comp. Laws § 421.21b — MI Code / Chapter 421 / Act Act-1-of-1936-Ex-Sess- / Section 421.21b
Seamen on American vessel on Great Lakes; benefits; seamen, definition.
Status: in_force

Sec. 21b.

A seaman employed on an American vessel operating on the Great Lakes shall be entitled to benefits under this act. An offer of employment to a seaman need not be the individual's customary occupation under conditions of employment and remuneration substantially equivalent to those under which the individual has been customarily employed in such occupation.

The term "seaman" as used in this section shall mean an individual who is employed as an officer or member of a crew on an American vessel.

History: Add. 1947, Act 360, Imd. Eff. July 8, 1947; CL 1948, 421.21b; Am. 1949, Act 282, Imd. Eff. June 11, 1949; Am. 1954, Act 131, Eff. Aug. 13, 1954; Am. 1965, Act 281, Eff. Sept. 5, 1965; Am. 1967, Act 192, Imd. Eff. June 30, 1967
Mich. Comp. Laws § 32.233 — MI Code / Chapter 32 / Act Act-287-of-1919 / Section 32.233
Hanson Reservation; fresh air camps; erection of buildings.
Status: in_force

Sec. 3.

Any state institution, or any city, village, township or county desiring to establish fresh air camps or to use such grounds for any other recreational or health giving purpose, may by making application to said board, be assigned space on said grounds for such purpose: Provided, however, That no camps, lodges, cottages or other buildings shall be erected thereon without permission for such erection being granted by the state military board.

History: 1919, Act 287, Imd. Eff. May 13, 1919; CL 1929, 760; CL 1948, 32.233
Mich. Comp. Laws § 600.306 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.306
Temporary judges.
Status: in_force

Sec. 306.

The supreme court may transfer judges from the circuit court or probate court or may assign judges pursuant to section 23 of article VI of the state constitution of 1963 to the court of appeals to act as temporary judges. The transfer may be made to replace disabled or disqualified judges, or to enlarge the court of appeals temporarily to not more than 48 judges if the business of the court of appeals is considered by the supreme court to warrant it. If the court of appeals sits in panels, the temporary judges may be assigned to any panel. Not more than 1 temporary judge shall be assigned to hear a case. A temporary judge is disqualified from hearing, in the court of appeals, cases tried before him or her in the trial court.

History: Add. 1964, Act 281, Imd. Eff. June 11, 1964; Am. 1968, Act 127, Imd. Eff. June 11, 1968; Am. 1974, Act 144, Imd. Eff. June 5, 1974; Am. 1976, Act 283, Imd. Eff. Oct. 14, 1976; Am. 1986, Act 279, Eff. Mar. 31, 1987; Am. 1993, Act 190, Eff. Oct. 13, 1993