FrankGoortani/open-us-law huggingface dataset:
Mich. Comp. Laws § 339.514 — MI Code / Chapter 339 / Act Act-299-of-1980 / Section 339.514
Determination of penalties to be assessed; hearing report; transcript; time limit; board member prohibited from participating in final determination.
Status: in_force

Sec. 514.

Within 60 days after receipt of an administrative law hearings examiner's hearing report, the board receiving the hearing report shall meet and make a determination of the penalties to be assessed under article 6. The board's determination shall be made on the basis of the administrative law hearings examiner's report. A transcript of a hearing or a portion of the transcript shall be made available to a board upon request. If a transcript or a portion of the transcript is requested, the board's determination of the penalty or penalties to be assessed under article 6 shall be made at a meeting within 60 days after receipt of a transcript or portion of the transcript.

If a board does not determine the appropriate penalty or penalties to be assessed within the time limits prescribed by subsection (1), the director may determine the appropriate penalty and issue a final order for occupations regulated under articles 8 to 25.

A member of a board who has participated in an investigation on a complaint filed with the department or who has attended an informal conference shall not participate in making a final determination in a proceeding on that complaint.

History: 1980, Act 299, Imd. Eff. Oct. 21, 1980
Mich. Comp. Laws § 450.1441 — MI Code / Chapter 450 / Act Act-284-of-1972 / Section 450.1441
Voting by shareholders.
Status: in_force

Sec. 441.

(1) Each outstanding share is entitled to 1 vote on each matter submitted to a vote of the shareholders, unless otherwise provided in the articles of incorporation. A vote may be cast either orally or in writing, unless otherwise provided in the bylaws.

(2) Other than the election of directors, if an action is to be taken by vote of the shareholders, it shall be authorized by a majority of the votes cast by the holders of shares entitled to vote on the action, unless a greater vote is required in the articles of incorporation or another section of this act. Unless otherwise provided in the articles of incorporation, abstaining from a vote or submitting a ballot marked "abstain" with respect to an action is not a vote cast on that action. Unless otherwise provided in the articles, directors shall be elected by a plurality of the votes cast at an election.

History: 1972, Act 284, Eff. Jan. 1, 1973; Am. 1988, Act 58, Eff. Apr. 1, 1988; Am. 1989, Act 121, Eff. Oct. 1, 1989; Am. 2006, Act 66, Imd. Eff. Mar. 20, 2006
Mich. Comp. Laws § 257.1303 — MI Code / Chapter 257 / Act Act-300-of-1974 / Section 257.1303
Act inapplicable to gasoline service stations exclusively engaged in selling motor fuel and lubricants; minor repair services subject to act; exception.
Status: in_force

Sec. 3.

Unless the means of doing or engaging in a motor vehicle repair business including the operating of a motor vehicle repair facility is adopted for the purposes of evading this act, and except as otherwise provided in this act, this act does not apply to gasoline service stations exclusively engaged in the business of selling motor fuel and lubricants. However, a person, including a gasoline service station, that provides minor repair services or activities incidental to the business of selling motor fuel and lubricants is a motor vehicle repair facility and is subject to this act, except that an employee of the person may perform minor repair services without a certification or permit from the department under this act.

History: 1974, Act 300, Eff. Apr. 1, 1975; Am. 1976, Act 12, Imd. Eff. Feb. 20, 1976; Am. 2016, Act 430, Eff. Apr. 4, 2017
Mich. Comp. Laws § 3.554 — MI Code / Chapter 3 / Act Act-151-of-1978 / Section 3.554
Duties, oath, and bond of members.
Status: in_force

Sec. 4.

The members of the authority shall enter upon their duties after their appointment and shall qualify by taking and filing the oath of office and supplying the bond required by the state administrative board.

History: 1978, Act 151, Imd. Eff. May 18, 1978
Mich. Comp. Laws § 490.203 — MI Code / Chapter 490 / Act Act-215-of-2003 / Section 490.203
Office of financial and insurance services; hearing or proceeding; document retention; order or ruling.
Status: in_force

Sec. 203.

(1) Any hearing or other proceeding pending before the office of financial and insurance services under former 1925 PA 285 before the effective date of this act is transferred to the office of financial and insurance services under this act, and the office of financial and insurance services shall conduct and determine the proceeding as follows:

(a) If the commissioner determines that this act establishes an identical or substantially similar proceeding for the conduct or act that was the basis of the proceeding under former 1925 PA 285, the office of financial and insurance services shall conduct and determine the proceeding under this act.

(b) If the commissioner determines that this act does not establish an identical or substantially similar proceeding for the conduct or act that was the basis of the proceeding under former 1925 PA 285, the office of financial and insurance services shall conduct and determine the proceeding in the manner described in former 1925 PA 285.

(2) The office of financial and insurance services shall retain all of its property, credits, books, correspondence, funds, appropriations, records, files, and other papers acquired or retained under former 1925 PA 285.

(3) An order or declaratory ruling issued by the commissioner under former 1925 PA 285 that is in effect on the effective date of this act shall continue in effect until modified, suspended, revoked, or repealed by the commissioner.

History: 2003, Act 215, Eff. June 1, 2004; Am. 2004, Act 471, Imd. Eff. Dec. 28, 2004
Mich. Comp. Laws § 324.3315 — MI Code / Chapter 324 / Act Act-451-of-1994 / Section 324.3315
Registry of waterbodies infested by aquatic invasive species; maintenance of website.
Status: in_force

Sec. 3315.

The department shall post, by January 1, 2016, and maintain on its website a registry of waterbodies infested by aquatic invasive species and the particular aquatic invasive species infesting each waterbody. The registry shall be based on information from all of the following:

(a) Permits and certificates of coverage issued under this part.

(b) Reports received by the department from any of the following:

( i ) Certified applicators or registered applicators under part 83.

( ii ) Representatives of public or private institutions of higher education.

( iii ) Representatives of any other state, local, or federal agency with responsibility for the environment or natural resources.

History: Add. 2014, Act 253, Imd. Eff. June 30, 2014
Mich. Comp. Laws § 438.32 — MI Code / Chapter 438 / Act Act-326-of-1966 / Section 438.32
Violation of act; attorney fees and court costs, recovery.
Status: in_force

Sec. 2.

Any seller or lender or his assigns who enters into any contract or agreement which does not comply with the provisions of this act or charges interest in excess of that allowed by this act is barred from the recovery of any interest, any official fees, delinquency or collection charge, attorney fees or court costs and the borrower or buyer shall be entitled to recover his attorney fees and court costs from the seller, lender or assigns.

History: 1966, Act 326, Eff. Mar. 10, 1967
Mich. Comp. Laws § 247.393 — MI Code / Chapter 247 / Act Act-139-of-1972 / Section 247.393
Procedures and requirements.
Status: in_force

Sec. 3.

The making of improvements or the maintenance of private roads and the creation of a special assessment district and the assessments levied to be placed upon the tax roll of the township shall all be in accordance with the procedures and requirements of Act No. 188 of the Public Acts of 1954, as amended, being sections 41.721 to 41.737 of the Compiled Laws of 1948.

History: 1972, Act 139, Imd. Eff. May 22, 1972
Mich. Comp. Laws § 24.276 — MI Code / Chapter 24 / Act Act-306-of-1969 / Section 24.276
Evidence to be entered on record; documentary evidence.
Status: in_force

Sec. 76.

Evidence in a contested case, including records and documents in possession of an agency of which it desires to avail itself, shall be offered and made a part of the record. Other factual information or evidence shall not be considered in determination of the case, except as permitted under section 77. Documentary evidence may be received in the form of a copy or excerpt, if the original is not readily available, or may be incorporated by reference, if the materials so incorporated are available for examination by the parties. Upon timely request, a party shall be given an opportunity to compare the copy with the original when available.

History: 1969, Act 306, Eff. July 1, 1970
Mich. Comp. Laws § 400.1533 — MI Code / Chapter 400 / Act Act-546-of-2008 / Section 400.1533
Sexual assault victims' medical forensic intervention and treatment fund; creation; deposit of money into fund; interest and earnings; money in fund at close of fiscal year; department of human services as administrator.
Status: in_force

Sec. 3.

(1) The sexual assault victims' medical forensic intervention and treatment fund is created within the state treasury.

(2) The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments.

(3) Money in the fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund.

(4) The department of human services shall be the administrator of the fund for auditing purposes.

History: 2008, Act 546, Eff. Apr. 1, 2009
Mich. Comp. Laws § 450.4905 — MI Code / Chapter 450 / Act Act-23-of-1993 / Section 450.4905
Professional limited liability company; license required; “employee” explained; effect of act on laws applicable to professional relationship and liabilities; liability for negligent or wrongful acts.
Status: in_force

Sec. 905.

A professional limited liability company shall not render professional services within this state except through its members, managers, employees, and agents who are licensed or otherwise legally authorized to render the professional services within this state. The term employee does not include secretaries, bookkeepers, technicians, and other assistants who are not usually and ordinarily considered by custom and practice to be rendering professional services to the public for which a license or other legal authorization is required.

This act shall not be construed to abolish, repeal, modify, restrict, or limit the law now in effect applicable to the professional relationship and liabilities between the person furnishing the professional services and the person receiving such professional services and to the standards for professional conduct. A member, manager, employee, or agent of a professional limited liability company shall remain personally and fully liable and accountable for any negligent or wrongful acts or misconduct committed by him or her, or by any person under his or her direct supervision and control, while rendering professional services on behalf of the company to the person for whom the professional services were being rendered.

The limited liability company shall be liable up to the full value of its property for any negligent or wrongful acts or misconduct committed by any of its members, managers, employees, or agents while they are engaged on behalf of the company in the rendering of professional services.

History: 1993, Act 23, Eff. June 1, 1993
Mich. Comp. Laws § 446.115 — MI Code / Chapter 446 / Act Act-66-of-2009 / Section 446.115
Information to be disclosed to taxpayer by facilitator.
Status: in_force

Sec. 5.

Before a taxpayer completes an application for a refund anticipation loan, the facilitator shall clearly disclose all of the following in writing to the taxpayer on a form separate from the application:

(a) A listing or table of refund anticipation loan fees and the annual percentage rates charged by the facilitator or lender for 3 or more representative refund anticipation loan amounts. For each refund anticipation loan amount, the schedule shall list separately the amount of each fee and the amount of interest charged by the facilitator or lender and the total amount of fees and interest charged.

(b) That the refund anticipation loan is an extension of credit and not the taxpayer's actual personal income tax refund.

(c) That electronic filing of the taxpayer's tax return is available without applying for a refund anticipation loan.

(d) The average time announced by the appropriate taxing authority within which the taxpayer can expect to receive a refund if the taxpayer does not obtain a refund anticipation loan and the taxpayer's return is filed using either of the following methods:

( i ) Electronically and the refund is directly deposited in the taxpayer's bank account.

( ii ) By mail and the refund is directly deposited in the taxpayer's bank account or mailed to the taxpayer.

(e) That the internal revenue service with respect to a federal personal income tax return, or the department of treasury with respect to a Michigan personal income tax return, does not guarantee either of the following:

( i ) That the full amount of the anticipated refund will be paid.

( ii ) A specific date on which the taxpayer will receive the refund.

(f) That the taxpayer is responsible for repayment of the refund anticipation loan and related fees in the event the tax refund is not paid or is not paid in full.

(g) The estimated time within which the proceeds of the refund anticipation loan will be paid to the taxpayer if the loan is approved.

(h) The fees charged by the facilitator or lender if the refund anticipation loan is not approved.

History: 2009, Act 66, Imd. Eff. July 9, 2009
Mich. Comp. Laws § 124.555 — MI Code / Chapter 124 / Act Act-387-of-2012 / Section 124.555
Applicability of local zoning or land use ordinances or regulations.
Status: in_force

Sec. 15.

Local zoning or land use ordinances or regulations do not apply to a public transportation system or a rolling rapid transit system that is planned, acquired, owned, or operated by an authority under this act.

History: 2012, Act 387, Imd. Eff. Dec. 19, 2012
Mich. Comp. Laws § 254.152 — MI Code / Chapter 254 / Act Act-147-of-1935 / Section 254.152
State bridge commission; definitions.
Status: in_force

Sec. 2.

Definitions. As used in this act, the following words and terms shall have the following meanings:

The word “commission” shall mean the state bridge commission hereinafter created, or, if said state bridge commission shall be abolished, any board or officer succeeding to the principal functions thereof or upon whom the powers given by this act to said commission shall be given by law.

The word “works” shall include all property, rights, easements and franchises relating thereto and deemed or convenient for their operation, and shall embrace an international bridge over, and ferries across the Saint Clair River at or near Port Huron.

The word “improvements” shall mean such repairs, replacements, additions and betterments of and to works acquired by purchase as are deemed necessary to place them in a safe and efficient condition for the use of the public, if such repairs, replacements, additions and betterments are ordered prior to the sale of any bonds for the acquisition of such works.

The term “cost of works” as applied to works to be acquired by purchase, shall include the purchase price, cost of improvements, financing charges, interest during any period of disuse before completion of improvements, cost of engineering and legal expenses, plans, specifications and surveys, estimates of cost and of revenues, other expenses necessary or incident to determining the feasibility or practicability of the enterprise, administrative expense and such other expenses as may be necessary or incident to the financing herein authorized, and the acquisition of the works and the placing of the same in operation.

The term “cost of works” as applied to works to be constructed, shall embrace the cost of construction, the cost of all land, property, rights, easements and franchises acquired which are deemed necessary for such construction, the cost of all machinery and equipment, financing charges, interest prior to and during construction and for 6 months after completion of construction, cost of engineering and legal expenses, plans, specifications, surveys, estimates of cost and of revenues, other expenses necessary or incident to determining the feasibility or practicability of the enterprise, administrative expense and such other expenses as may be necessary or incident to the financing herein authorized and the construction of the works and the placing of the same in operation.

The word “owner” shall include all individuals, incorporated companies, societies or associations having any title or interest in any properties, rights, easements or franchises to be acquired.

History: 1935, Act 147, Imd. Eff. June 4, 1935; CL 1948, 254.152
Mich. Comp. Laws § 600.548 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.548
Forty-seventh judicial circuit.
Status: in_force

Sec. 548.

The forty-seventh judicial circuit consists of the county of Delta and has 1 judge.

History: Add. 1974, Act 145, Imd. Eff. June 7, 1974
Mich. Comp. Laws § 168.170 — MI Code / Chapter 168 / Act Act-116-of-1954 / Section 168.170
State senators and representatives; election, date.
Status: in_force

Sec. 170.

A state senator in each senatorial district shall be elected in the general election in 1964, 1966 and every fourth year thereafter. A representative in each representative district shall be elected at each general November election.

History: 1954, Act 116, Eff. June 1, 1955; Am. 1963, 2nd Ex. Sess., Act 63, Imd. Eff. Dec. 27, 1963
Mich. Comp. Laws § 801.312 — MI Code / Chapter 801 / Act Act-88-of-2006 / Section 801.312
Definitions; inmate housing expense.
Status: in_force

Sec. 2.

(1) As used in this act:

(a) "Municipal jail" means a jail or lockup operated by a city, village, or township.

(b) "Municipality" means any city, village, or township.

(2) This act, consistent with section 4a of 1846 RS 171, MCL 801.4a, does not create any responsibility for a municipality in a district court district of the first or second class to incur the expense of housing an inmate in the county jail for an ordinance violation.

History: 2006, Act 88, Imd. Eff. Apr. 3, 2006; Am. 2012, Act 136, Imd. Eff. May 16, 2012
Mich. Comp. Laws § 487.3502 — MI Code / Chapter 487 / Act Act-354-of-1996 / Section 487.3502
Violations; liability of directors or officers.
Status: in_force

Sec. 502.

If the directors or officers of a savings bank knowingly violate or knowingly permit any of the agents, officers, or directors of a savings bank to violate this act or rules of the commissioner made under this act, those directors or officers shall be liable in his or her personal and individual capacity for all damages that the savings bank, any shareholder, or any other person sustains in consequence of the violation. Any action to recover damages shall be brought within 3 years from the time of the violation.

History: 1996, Act 354, Imd. Eff. July 1, 1996
Mich. Comp. Laws § 691.1604 — MI Code / Chapter 691 / Act Act-27-of-1994 / Section 691.1604
Definitions; M to S.
Status: in_force

Sec. 4.

"Market area" means the area in which a person is presumed to have participated in illegal marketing of a market area controlled substance as described in section 9.

"Market area controlled substance" means a specified controlled substance or marihuana.

"Participate in illegal marketing" means doing any of the following in violation of state or federal law:

Manufacturing or delivering, or attempting or conspiring to manufacture or deliver, a controlled substance.

Possessing, or attempting or conspiring to possess, a controlled substance with the intent to manufacture or deliver a controlled substance.

"Person" means an individual, governmental entity, sole proprietorship, corporation, limited liability company, firm, trust, partnership, or incorporated or unincorporated association, existing under or authorized by the laws of this state, another state, or a foreign country.

"Practitioner" means that term as defined in section 7109 of the public health code, Act No. 368 of the Public Acts of 1978, being section 333.7109 of the Michigan Compiled Laws.

"Specified controlled substance" means a controlled substance described in section 7212(1)(b) or section 7214(a)( iv ) or (c)( ii ) of the public health code, Act No. 368 of the Public Acts of 1978, being sections 333.7212 and 333.7214 of the Michigan Compiled Laws.

History: 1994, Act 27, Eff. Apr. 1, 1994
Mich. Comp. Laws § 500.5218 — MI Code / Chapter 500 / Act Act-218-of-1956 / Section 500.5218
Increase or decrease of capital stock; authorization by commissioner; approval by stockholders; vote; final approval; par value of stock; issuance of new stock.
Status: in_force

Sec. 5218.

A domestic stock property, marine, inland navigation and transportation, or automobile (limited) insurer may increase or decrease its capital stock in the manner herein provided. When any such insurer proposes to increase or decrease its capital stock it shall first present its petition to the commissioner, setting forth the reasons for such increase or decrease. The commissioner, if satisfied that the proposed increase or decrease is for the best interests of the insurer and its policyholders, and that no reasonable objection exists thereto, may authorize and approve the proposed plan of increase or decrease, or may direct such modification thereof as may seem proper.

After the approval of the petition as aforesaid, such increase or decrease must be approved, and the articles of incorporation amended in this respect, by the affirmative vote of not less than 2/3 of the capital stock of the insurer, voting in person or by proxy, at a regular or special meeting of the stockholders, but notice of such meeting, reciting the purposes thereof, shall be served on each of the stockholders, either personally or by directing same through the post office to the last known post office address of such stockholder at least 3 weeks previous to such meeting.

Such increase or decrease shall not become effective until finally approved by the commissioner, and until compliance is made with the requirements of section 5214.

Whenever any insurer shall increase or decrease its capital stock as herein provided, the par value of its shares shall be fixed at not less than $1.00 nor more than $100.00 each, and the directors of the insurer shall have authority to make provision for calling in the old and issuing new certificates of stock.

History: 1956, Act 218, Eff. Jan. 1, 1957
Mich. Comp. Laws § 380.1202 — MI Code / Chapter 380 / Act Act-451-of-1976 / Section 380.1202
Record of proceedings, accounts, and business; public records; inspection.
Status: in_force

Sec. 1202.

The board of a school district shall maintain records of the proceedings of the board, the accounts of the treasurer, and the business of the district in an orderly manner. The records of the board shall be public records subject to inspection under section 492 of Act No. 328 of the Public Acts of 1931, as amended, being section 750.492 of the Michigan Compiled Laws.

History: 1976, Act 451, Imd. Eff. Jan. 13, 1977