reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 300 of 1974 - Motor Vehicle Service and Repair Act (257.1301 - 257.1340) › Section 257.1306 - Motor Vehicle Repair Facility; Registration Required.

257.1306 Motor vehicle repair facility; registration required.
Sec. 6.
Unless the act or practice is otherwise exempt by this act, a person shall not engage in the business or activity of a motor vehicle repair facility unless the person registers the facility with the administrator pursuant to this act.
History:
1974, Act 300, Eff. Apr. 1, 1975
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 300 of 1974 - Motor Vehicle Service and Repair Act (257.1301 - 257.1340) › Section 257.1306a - Motor Vehicle Repair Facility Providing Baiid Service; Approval of Department; Requirements; Term; Inspection.

257.1306a Motor vehicle repair facility providing BAIID service; approval of department; requirements; term; inspection.
Sec. 6a.
(1) A motor vehicle repair facility shall not provide BAIID service without the approval of the department under this section and under section 625k of the Michigan vehicle code, 1949 PA 300, MCL 257.625k.
(2) The department may approve a motor vehicle repair facility as a facility that is authorized to perform BAIID service, or renew an approval under this section, if all of the following requirements are met:
(a) The facility operates at a fixed location in this state.
(b) The facility employs at least 1 mechanic who holds a specialty certification in BAIID service under section 10(1) and who is properly trained as a BAIID technician by the BAIID manufacturer for which the facility is a vendor.
(c) The facility maintains and makes available for inspection records that prove that each mechanic who holds a specialty certification in BAIID service under section 10(1) and is employed by the facility is properly trained by the BAIID manufacturer to service the BAIID for which the facility is a vendor.
(d) The facility provides a designated waiting area for customers that is separate from the area in which BAIID service is performed.
(e) Only a mechanic who holds a specialty certification in BAIID service under section 10(1), a representative of the manufacturer, or a representative of the department is allowed to observe the installation or removal of a BAIID.
(f) The facility takes adequate security measures to ensure that unauthorized personnel cannot gain access to proprietary materials or files of any BAIID manufacturer for which the facility is a vendor.
(g) The facility informs the department of any change in its business address at least 15 days before the date of any relocation.
(h) An application for approval is for a single location. A separate application for approval is required for each location at which the facility will provide BAIID service.
(i) If requested by the department, the facility allows the department to conduct an on-site evaluation to ensure compliance with the requirements in this act.
(3) The term of an original or renewal approval of a motor vehicle repair facility under this section is 1 year.
(4) The department may conduct an inspection of a motor vehicle repair facility that provides BAIID service to ensure compliance with this act and section 625k of the Michigan vehicle code, 1949 PA 300, MCL 257.625k, and rules promulgated to implement this act and that section. The motor vehicle repair facility shall pay for the actual costs to the department in conducting an inspection under this subsection.
History:
Add. 2016, Act 33, Eff. June 6, 2016
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 300 of 1974 - Motor Vehicle Service and Repair Act (257.1301 - 257.1340) › Section 257.1307a - Prohibited Conduct.

257.1307a Prohibited conduct.
Sec. 7a.
A motor vehicle repair facility that is subject to this act, or a person that is an owner or operator of a motor vehicle repair facility that is subject to this act, shall not, directly or through an agent or employee, do any of the following:
(a) Charge for repairs that are in fact not performed.
(b) Perform repairs that are in fact not necessary, unless the customer insists that the facility perform the repair and disregards the facility's advice that the repair is unnecessary.
(c) Represent, directly or indirectly, that repairs are necessary when in fact they are not.
(d) Perform and charge for repairs that are not specifically authorized.
(e) Fail to perform promised repairs within the period of time agreed, or within a reasonable time, unless circumstances beyond the control of the facility prevent the timely performance of the repairs and the facility did not have reason to know of those circumstances at the time the contract was made.
(f) Represent, either directly or indirectly, that a replacement part used in the repair of a vehicle is new or of a particular manufacture when in fact it is used, rebuilt, reconditioned, deteriorated, or of a different manufacture, or otherwise fail to disclose in writing, before beginning a repair, the use of used, rebuilt, or reconditioned parts.
(g) Subsequent to a diagnosis requested by a customer for which a charge is made, fail to disclose a diagnosed or suspected malfunction, the recommended remedy for the malfunction, and any test, analysis, or other procedure employed to determine the malfunction.
History:
Add. 2016, Act 430, Eff. Apr. 4, 2017
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 300 of 1974 - Motor Vehicle Service and Repair Act (257.1301 - 257.1340) › Section 257.1307b - Prohibited Conduct.

257.1307b Prohibited conduct.
Sec. 7b.
A motor vehicle repair facility that is subject to this act, or a person that is an owner or operator of a motor vehicle repair facility that is subject to this act, shall not, directly or through an agent or employee, do any of the following:
(a) Disclaim or limit the implied warranty of merchantability or fitness for use, unless excluded or modified under section 2316 of the uniform commercial code, 1962 PA 174, MCL 440.2316.
(b) Fail to extend the period of a facility's own warranty for repairs and services, if the customer was deprived of the use or enjoyment of the subject of the warranty because of a failure on the part of the facility to comply completely with the terms of the warranty, for a period of time that is equal to or greater than the period of the deprivation.
(c) Fail to honor a warranty on a new part by replacing it with a used part or replacing it with a rebuilt or remanufactured part that does not meet original equipment quality, standards, or specifications, or that does not comply with the warranty repair requirements of the warrantor.
(d) Fail to honor an express warranty.
(e) Fail to disclose in written language, that is clear as to the nature or scope of the warranty, all material aspects and the intent of a warranty, including, but not limited to, what is warranted, the person that will honor the warranty, the duration of the warranty, the obligations, if any, of the person to which the warranty is extended, and any exceptions and exclusions from the terms of the written warranty agreement.
History:
Add. 2016, Act 430, Eff. Apr. 4, 2017
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 300 of 1974 - Motor Vehicle Service and Repair Act (257.1301 - 257.1340) › Section 257.1307d - Prohibited Conduct.

257.1307d Prohibited conduct.
Sec. 7d.
A motor vehicle repair facility that is subject to this act, or a person that is an owner or operator of a motor vehicle repair facility that is subject to this act, shall not, directly or through an agent or employee, do any of the following:
(a) Assert, claim, or impose a mechanic's or similar type lien if the facility has violated this act or rules promulgated under this act with respect to the transaction on which the lien is based.
(b) Seek the repossession of a motor vehicle if the facility has violated this act or rules promulgated under this act with respect to the transaction on which the repossession is based.
(c) Seek to assert or enforce a lien by refusing to return a vehicle if the facility has violated this act or rules promulgated under this act with respect to the transaction on which the refusal is based.
(d) Fail to return a customer's vehicle if there is a dispute and the customer has paid the amount of the written estimate and any amount in excess of that amount that was agreed to either orally or in writing by the customer.
History:
Add. 2016, Act 430, Eff. Apr. 4, 2017
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 300 of 1974 - Motor Vehicle Service and Repair Act (257.1301 - 257.1340) › Section 257.1307e - Prohibited Conduct.

257.1307e Prohibited conduct.
Sec. 7e.
A motor vehicle repair facility that is subject to this act, or a person that is an owner or operator of a motor vehicle repair facility that is subject to this act, shall not, directly or through an agent or employee, do any of the following:
(a) Unless legally waived by the customer, fail to give the customer a written estimate before beginning work on a motor vehicle.
(b) Charge for work done or parts supplied in excess of the estimated price without the knowing consent, orally or in writing, of the customer.
(c) Fail to give a customer an estimate for the cost, if any, of reassembly, disassembly, or diagnosis.
(d) Fail to inform a customer, at a time before the customer executes a document or engages the facility for the work, by the use of a notice required under section 33, of his or her right to receive or inspect replaced parts for which he or she will be charged in the repair of his or her motor vehicle.
(e) Fail to retain a customer waiver with the records retained by the facility concerning the transaction.
(f) Charge a customer storage charges if there is a dispute concerning repair charges. If a delay in repairs is caused by a lack of parts, a facility may charge for storage after informing the customer of the approximate length of the anticipated delay and of the daily storage charge rate and obtaining the customer's consent to the delay and the storage charges.
(g) Fail to comply with the truth in lending act, 15 USC 1601 to 1667f, and the retail installment sales act, 1966 PA 224, MCL 445.851 to 445.873, if the customer finances repairs through the facility.
(h) Fail in practice to comply with advertised or stated payment policies.
(i) Conspire with another to fix prices.
(j) Conspire with another to allocate the market between them.
(k) Fail to notify a customer of an exchange agreement and charges for exchange parts if the customer wishes to have those parts returned.
(l) Fail to disclose, on the customer's request, the method used by a facility to compute labor charges.
History:
Add. 2016, Act 430, Eff. Apr. 4, 2017
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 300 of 1974 - Motor Vehicle Service and Repair Act (257.1301 - 257.1340) › Section 257.1307f - Prohibited Conduct.

257.1307f Prohibited conduct.
Sec. 7f.
A motor vehicle repair facility that is subject to this act, or a person that is an owner or operator of a motor vehicle repair facility that is subject to this act, shall not, directly or through an agent or employee, do any of the following:
(a) Improperly utilize waivers in a manner that suggests or implies, directly or indirectly, orally or by action, that signing a waiver will improve or expedite service or repairs or will reduce the price.
(b) Exaggerate the seriousness of a malfunction to induce a customer to agree to a repair.
(c) Suggest or imply, directly or indirectly, orally or by action, that service will be improved or expedited or that the price will be reduced if the customer agrees that the facility is not required to return for inspection any parts that the facility replaced.
(d) Misrepresent that because of some defect in the customer's motor vehicle, the health, safety, and lives of the customer or his or her family are in danger if parts or repair services are not purchased, if in fact the defect does not exist or the installation of the parts or the performance of the services would not remove the danger.
History:
Add. 2016, Act 430, Eff. Apr. 4, 2017
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 300 of 1974 - Motor Vehicle Service and Repair Act (257.1301 - 257.1340) › Section 257.1308 - Administration of Act; Nonaffiliation With Facility.

257.1308 Administration of act; nonaffiliation with facility.
Sec. 8.
The secretary of state or his designee shall administer this act. A person designated by the secretary of state to act in his place shall not be affiliated with a motor vehicle repair facility.
History:
1974, Act 300, Eff. Apr. 1, 1975
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 300 of 1974 - Motor Vehicle Service and Repair Act (257.1301 - 257.1340) › Section 257.1310 - Certification as Specialty Mechanic; Certification Fee; Initial Specialty Mechanic's Certificate in Baiid Service; Examination; Qualification Certificate as Master Mechanic for Automobiles, Light Trucks, or Heavy-Duty Trucks.

257.1310 Certification as specialty mechanic; certification fee; initial specialty mechanic's certificate in BAIID service; examination; qualification certificate as master mechanic for automobiles, light trucks, or heavy-duty trucks.
Sec. 10.
(1) Subject to subsection (3) and section 10b(3) and (4), an individual may become certified as a specialty mechanic in 1 or more repair categories described in section 10b(1) or (2) if that individual takes 1 or more examinations, developed or approved by the administrator, and receives scores, as determined by the administrator, that indicate competency to perform motor vehicle repairs in the repair category or categories.
(2) An individual may apply for a specialty mechanic's certificate in any or all repair categories but he or she is only required to pay 1 certification fee if the individual applies for more than 1 category at 1 time.
(3) On application, the department shall issue an initial specialty mechanic's certificate in BAIID service, without examination, to an individual who holds a valid specialty mechanic's certificate in electrical systems repair on June 5, 2016.
(4) By October 4, 2016, the administrator shall develop or adopt an examination for specialty mechanic certification in the repair or service category described in section 10b(1)(l) for an individual who is engaged, for compensation, in BAIID service.
(5) An individual may apply for and receive a certificate as a master mechanic for automobiles or light trucks if he or she is qualified as a specialty mechanic in all of the repair categories described in section 10b(1), except that qualification in a specialty category described in section 10b(1)(i), (j), (k), or (l) is not necessary for a master mechanic's certificate.
(6) An individual may apply for and receive a certificate as a master mechanic for heavy-duty trucks if that individual is qualified as a specialty mechanic in all repair categories described in section 10b(2), except that certification in the repair category described in section 10b(2)(g) is not necessary for a master mechanic's certificate described in this subsection.
History:
1974, Act 300, Eff. Apr. 1, 1975 ;-- Am. 2000, Act 366, Imd. Eff. Jan. 2, 2001 ;-- Am. 2016, Act 33, Eff. June 6, 2016 ;-- Am. 2016, Act 430, Eff. Apr. 4, 2017
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 300 of 1974 - Motor Vehicle Service and Repair Act (257.1301 - 257.1340) › Section 257.1310a - Performance of Baiid Service; Certificate Required; Requirements; Written Installation Verification.

257.1310a Performance of BAIID service; certificate required; requirements; written installation verification.
Sec. 10a.
(1) Beginning July 1, 2016, an individual shall not perform BAIID service in this state unless he or she has a specialty mechanic's certificate in BAIID service from the department under section 10 and certification as a BAIID installer under section 625k of the Michigan vehicle code, 1949 PA 300, MCL 257.625k.
(2) A BAIID mechanic shall perform BAIID service in a workmanlike manner and, in performing BAIID service, shall comply with the requirements of this section, the standards described in section 625k of the Michigan vehicle code, 1949 PA 300, MCL 257.625k, and the requirements of the BAIID manufacturer.
(3) A motor vehicle repair facility and BAIID mechanic shall ensure that a BAIID that is installed is in working order; that it performs in a manner that meets the requirements of this section and the standards described in section 625k of the Michigan vehicle code, 1949 PA 300, MCL 257.625k; and that all connections are soldered and covered with a tamper seal.
(4) When he or she completes the installation of a BAIID, a BAIID mechanic shall provide the customer with written installation verification. The department shall establish the form and format of this verification.
History:
Add. 2016, Act 33, Eff. June 6, 2016
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 300 of 1974 - Motor Vehicle Service and Repair Act (257.1301 - 257.1340) › Section 257.1312 - Examination.

257.1312 Examination.
Sec. 12.
All of the following apply to a certification examination under this act:
(a) An examination shall be written, except that the administrator may allow an individual to take an oral or practical examination if the administrator determines that the individual meets 1 of the following:
(i) He or she has special language problems that preclude the possibility of passing a standard English language examination.
(ii) He or she was unsuccessful on the written examination.
(b) The administrator shall review examinations that are being given by private or public agencies, including the department of education. If the administrator approves an agency for the purposes of administering examinations, an applicant may take an examination administered by that agency, and the testing agency shall forward the results to the administrator for review and verification, or the prospective applicant may take the examination developed and given by the administrator, if any.
(c) An examination shall be given at places and times determined by the administrator.
(d) The results of an examination are not final until approved by the administrator. The administrator shall forward the results of an examination to the applicant or to the applicant's authorized representative.
History:
1974, Act 300, Eff. Apr. 1, 1975 ;-- Am. 2016, Act 430, Eff. Apr. 4, 2017
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 300 of 1974 - Motor Vehicle Service and Repair Act (257.1301 - 257.1340) › Section 257.1313 - Mechanic Trainee Permit; Duration; Supervision; Educational Institution.

257.1313 Mechanic trainee permit; duration; supervision; educational institution.
Sec. 13.
(1) If an individual is unable to obtain a certificate as a specialty or master mechanic under this act, and that individual desires to become a specialty or master mechanic, he or she may apply for a mechanic trainee permit on a form prescribed or approved by the administrator.
(2) If an individual is unable to renew a specialty certification as a mechanic in the area of automobile and light truck engine tune-up and performance, automobile and light truck electrical systems, or automobile and light truck brakes and braking systems because he or she does not meet the requirements of section 11(3)(a), (b), or (c), he or she may apply for a mechanic trainee permit, on a form prescribed or approved by the administrator, if he or she meets all legal requirements for the permit and was not issued a mechanic trainee permit by the administrator in the 3-year period before the administrator receives his or her application for the mechanic trainee permit under this subsection.
(3) All of the following apply to a mechanic trainee described in this section:
(a) An individual who qualifies as a mechanic trainee may retain that status for a period of not more than 2 years.
(b) A mechanic trainee who is employed by a motor vehicle repair facility is required to work under the direct supervision of a specialty or master mechanic during the full time of his or her employment.
(c) The administrator shall select 1 or more approved educational institutions to engage in mechanic trainee training.
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
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 300 of 1974 - Motor Vehicle Service and Repair Act (257.1301 - 257.1340) › Section 257.1313a - Training to Mechanics or Mechanic Trainees; Approval of School, Academy, or Similar Establishment; Contract.

257.1313a Training to mechanics or mechanic trainees; approval of school, academy, or similar establishment; contract.
Sec. 13a.
(1) The administrator shall evaluate and may approve a school, academy, or other similar establishment that intends to provide training to mechanics or mechanic trainees under this act.
(2) All of the following apply to the approval of a school, academy, or similar establishment by the administrator under subsection (1):
(a) An establishment seeking approval shall submit an application for approval to the administrator. The administrator shall determine the form and content of the application. The application shall include supporting materials required by the administrator.
(b) The administrator shall review an application and supporting materials submitted under subdivision (a) and shall approve, deny approval of, or withdraw approval from the training program offered to mechanics and mechanic trainees by the establishment.
(c) In evaluating an establishment for approval, the administrator shall consider all of the following factors:
(i) Accreditation or lack of accreditation by a recognized accreditation agency.
(ii) Quantity and quality of classroom training provided.
(iii) Course objectives.
(iv) Number, quality, and age of tools, equipment, and materials made available to students.
(v) Percentage of class time spent in hands-on training.
(vi) Qualifications of instructors and other staff.
(vii) Quality, quantity, and accessibility of records maintained by the establishment.
(viii) Class size and location.
(ix) Quality of testing administered.
(x) Other related factors the administrator considers relevant.
(3) The administrator may contract with approved educational institutions to provide training or testing required under this act.
History:
Add. 2016, Act 430, Eff. Apr. 4, 2017
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 300 of 1974 - Motor Vehicle Service and Repair Act (257.1301 - 257.1340) › Section 257.1313b - Display of Current and Valid Certificate; Name and Certification Number to Be Affixed to Statement of Repairs; Compliance With Accepted Motor Vehicle Repair Industry Standards; Violation of Subsection (3).

257.1313b Display of current and valid certificate; name and certification number to be affixed to statement of repairs; compliance with accepted motor vehicle repair industry standards; violation of subsection (3).
Sec. 13b.
(1) A certified specialty or master mechanic shall display, in a conspicuous location in the place of business where he or she is employed or engaged to perform repairs, a current and valid certificate issued by the administrator.
(2) If a certified mechanic works on, inspects and approves, or supervises a repair, he or she shall affix his or her name and certification number, as assigned by the administrator, to the written statement of repairs given the customer under section 34.
(3) A certified specialty or master mechanic or mechanic trainee shall not depart from, or disregard in any material respect, accepted motor vehicle repair industry standards. Compliance with published vehicle manufacturer, parts manufacturer, equipment manufacturer, or recognized aftermarket repair manual specifications creates a presumption that the mechanic or mechanic trainee has followed accepted motor vehicle repair industry standards.
(4) If the administrator, after notice and a hearing, determines that a specialty or master mechanic or mechanic trainee has violated subsection (3), the administrator may, under section 21, require that the specialty or master mechanic or mechanic trainee do both of the following:
(a) Successfully complete a designated training course or program as a prerequisite to continued certification.
(b) Only perform specific motor vehicle repairs or repair procedures identified by the administrator until the training course or program described in subdivision (a) is completed.
History:
Add. 2016, Act 430, Eff. Apr. 4, 2017
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 300 of 1974 - Motor Vehicle Service and Repair Act (257.1301 - 257.1340) › Section 257.1314 - Registration Form; Contents.

257.1314 Registration form; contents.
Sec. 14.
The owner of a motor vehicle repair facility shall register the facility by providing all of the following information to the administrator, on a registration form provided by the administrator, accompanied by a registration fee in an amount determined under section 30:
(a) The name, address, and form of ownership of the facility, and if the owner is a corporation, the date and place of incorporation.
(b) The name and address of each of the owner's resident agents, officers, directors, and partners in this state, as applicable.
(c) The principal occupation or business for the past 5 years of all of the following, as applicable:
(i) Each person that owns 10% or more of the facility.
(ii) For each owner described in subparagraph (i), every officer and director if the owner is a corporation; every partner if the owner is a partnership; and any other person that occupies a similar status or performs similar functions.
(d) A description of the facility that includes all of the following:
(i) The type of service business the facility operates.
(ii) The type of repairs the facility performs.
(iii) The type of vehicles the facility services.
(iv) The number of mechanics the facility employs who perform repairs.
(v) The range of gross revenue received by the facility from performing repairs, including revenue from parts and goods sold in conjunction with repairs, for the most recent federal income tax year.
(vi) Measured in square feet, the size of that part of the facility utilized for performing repairs.
(e) An irrevocable appointment of the secretary of state as the agent for the facility for service of process.
(f) A copy of each instrument, form, contract, or other document used by the applicant in dealing with the public in the repair of motor vehicles, including, but not limited to, all of the following:
(i) Any document on which the facility routinely requires the customer's signature.
(ii) Any document used by the facility in connection with providing estimates, diagnoses, or repairs.
(iii) Any invoices, warranties, or waivers.
(iv) Any other document used by the facility to comply with
this act or rules promulgated under this act.
(g) Any other relevant information required by the administrator.
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
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 300 of 1974 - Motor Vehicle Service and Repair Act (257.1301 - 257.1340) › Section 257.1315 - Registration; Expiration; Renewal; Operation Pending Renewal Approval; Fee; Single Registration Form for More Than 1 Facility.

257.1315 Registration; expiration; renewal; operation pending renewal approval; fee; single registration form for more than 1 facility.
Sec. 15.
(1) A motor vehicle repair facility registration under this act takes effect on the date it is approved by the administrator and expires 1 year after that date. The owner of a motor vehicle repair facility shall renew its registration annually and shall submit an application for renewal of the registration, accompanied by a registration fee in an amount determined under section 30, with the administrator at least 30 days before the expiration of its then-current registration.
(2) A motor vehicle repair facility may continue to operate after the expiration date of its then-current registration, pending approval of the renewal application by the administrator, if the renewal application and renewal fee are received by the administrator on or before the expiration date. If a renewal application and renewal fee are filed after the expiration date, the facility may operate from the day on which the application and appropriate fee are received by the administrator, pending approval of the renewal application. The administrator shall charge a fee of 1-1/2 times the normal registration fee if the renewal application is received by the administrator after the expiration date.
(3) A person that owns more than 1 motor vehicle repair facility shall file a single registration form for all of those facilities annually, that along with the other information required under this act, clearly indicates the location of and the individual in charge of each facility, and shall pay a separate registration fee for each of those facilities.
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
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 300 of 1974 - Motor Vehicle Service and Repair Act (257.1301 - 257.1340) › Section 257.1316 - Change in Ownership or Name and Address of Facility; Notice; Owner as Corporation; "Change of Ownership" Defined.

257.1316 Change in ownership or name and address of facility; notice; owner as corporation; "change of ownership" defined.
Sec. 16.
(1) If there is a change in ownership of a motor vehicle repair facility, a new registration and payment of a new registration fee is required and the facility shall not operate until its registration application is approved by the administrator and the fee is paid. If a name or address of the motor vehicle repair facility changes, and there is not a change of ownership, the facility shall notify the administrator in writing of the change and shall make the appropriate changes on the next renewal registration when due.
(2) If the owner of a motor vehicle repair facility is a corporation, and 10% or more of the stock of the corporation is sold or transferred, the owner shall notify the administrator of that change within 30 days of the sale or transfer.
(3) As used in this section, "change of ownership" means a sale of all or part of a facility to a new owner. The term includes a sale or transfer of a partnership interest in the owner of a facility if the owner is a partnership. The term does not include the sale or transfer of stock in the owner of a facility if the owner is a corporation.
History:
1974, Act 300, Eff. Apr. 1, 1975 ;-- Am. 2016, Act 430, Eff. Apr. 4, 2017
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 300 of 1974 - Motor Vehicle Service and Repair Act (257.1301 - 257.1340) › Section 257.1317 - Inspection; "Reasonable Business Records" Defined.

257.1317 Inspection; "reasonable business records" defined.
Sec. 17.
(1) The owner of a facility that is registered or is required to register under this act shall ensure that the facility is open to inspection by the administrator and other law enforcement officials during reasonable business hours. During reasonable business hours, the administrator and other law enforcement officials may make periodic unannounced inspections of the premises, parts records, and parts inventories of a facility.
(2) A person shall not hinder, obstruct, or otherwise prevent an inspection under this section or section 18 or 18a.
(3) As used in this section, "reasonable business hours" includes any posted or advertised business hours of a facility.
History:
1974, Act 300, Eff. Apr. 1, 1975 ;-- Am. 1988, Act 254, Eff. Oct. 1, 1989 ;-- Am. 2002, Act 464, Imd. Eff. June 21, 2002 ;-- Am. 2016, Act 430, Eff. Apr. 4, 2017
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 300 of 1974 - Motor Vehicle Service and Repair Act (257.1301 - 257.1340) › Section 257.1318a - Records of Air Bag Sales, Purchases, or Acquisitions; Period of Time Records Required to Be Maintained.

257.1318a Records of air bag sales, purchases, or acquisitions; period of time records required to be maintained.
Sec. 18a.
(1) A facility that repairs or replaces air bags in a motor vehicle shall maintain a record of the purchase or sale of each used or reconditioned air bag purchased or acquired by the facility. The record shall contain the date of purchase or acquisition of each air bag, a description of each air bag, the identification number assigned to each air bag, and the name and address of the person to or from whom each air bag was purchased, acquired, or sold. The record of the sale, purchase, or acquisition of each air bag shall be maintained in or attached to a police book as described in section 251 of the Michigan vehicle code, 1949 PA 300, MCL 257.251. The facility's police book and the records of air bag sales, purchases, or acquisitions shall immediately be made available for inspection by the administrator and other law enforcement officials after a request for inspection is made.
(2) Records required under this section shall be maintained by the facility for not less than 5 years.
History:
Add. 1997, Act 9, Imd. Eff. May 16, 1997
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 300 of 1974 - Motor Vehicle Service and Repair Act (257.1301 - 257.1340) › Section 257.1319 - Loss, Destruction, or Mutilation of Registration, Certificate, or Trainee Permit; Replacement.

257.1319 Loss, destruction, or mutilation of registration, certificate, or trainee permit; replacement.
Sec. 19.
In the event of loss, destruction, or mutilation of a registration, certificate, or trainee permit, the person to which it was issued may obtain a replacement by furnishing satisfactory proof of the loss, destruction, or mutilation and paying the fee required under section 30. An application for a replacement registration, certificate, or trainee permit shall include all of the following information:
(a) The name and address of the applicant.
(b) An explanation of the loss, destruction, or mutilation of the original registration, certificate, or permit.
History:
1974, Act 300, Eff. Apr. 1, 1975 ;-- Am. 2016, Act 430, Eff. Apr. 4, 2017
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 300 of 1974 - Motor Vehicle Service and Repair Act (257.1301 - 257.1340) › Section 257.1320 - Specialty or Master Mechanic Certificate; Date of Approval; Expiration; Renewal; Conduct Pending Renewal.

257.1320 Specialty or master mechanic certificate; date of approval; expiration; renewal; conduct pending renewal.
Sec. 20.
(1) A certification as a specialty or master mechanic under this act takes effect on the date it is approved by the administrator and expires 1 year after that date. A specialty or master mechanic may annually renew his or her certification by submitting an application for renewal, accompanied by the certification fee described in section 30, with the administrator on or before the expiration date of his or her then-current certification.
(2) A mechanic may continue to function as a certified mechanic after the expiration date of his or her then-current certification, pending approval of the renewal application by the administrator, if the renewal application and renewal fee are received by the administrator on or before the expiration date. If a renewal application and renewal fee are filed after the expiration date, the mechanic may temporarily engage in repairs without a certificate from the day on which the application and appropriate fee are received by the administrator, pending approval of the renewal application. The administrator shall charge a fee of 1-1/2 times the normal renewal fee if the renewal application is received by the administrator after the expiration date.
History:
1974, Act 300, Eff. Apr. 1, 1975 ;-- Am. 2016, Act 430, Eff. Apr. 4, 2017
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 300 of 1974 - Motor Vehicle Service and Repair Act (257.1301 - 257.1340) › Section 257.1321 - Cease and Desist Order.

257.1321 Cease and desist order.
Sec. 21.
(1) If the administrator determines after notice and a hearing that a person has violated this act or a rule promulgated under this act, directly or through an agent or employee, he or she may issue an order requiring the person to cease and desist from the violation or to take an affirmative action that in the judgment of the administrator would carry out the purposes of this act.
(2) If the administrator makes a finding of fact in writing that the public interest will be irreparably harmed by delay in issuing an order, he or she may issue a temporary cease and desist order. Before issuing the temporary cease and desist order, the administrator when possible by telephone or otherwise shall give notice of the proposal to issue a temporary cease and desist order to the facility. A temporary cease and desist order shall include in its terms a provision that on request the administrator shall hold a hearing within 30 days to determine whether or not the order shall become permanent.
History:
1974, Act 300, Eff. Apr. 1, 1975 ;-- Am. 2016, Act 430, Eff. Apr. 4, 2017
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 300 of 1974 - Motor Vehicle Service and Repair Act (257.1301 - 257.1340) › Section 257.1321a - Summary Suspension of Registration, Certificate, or Mechanic Trainee Permit; Affidavit; Hearing; Setting Aside, Continuing, or Modifying Order of Summary Suspension.

257.1321a Summary suspension of registration, certificate, or mechanic trainee permit; affidavit; hearing; setting aside, continuing, or modifying order of summary suspension.
Sec. 21a.
(1) The administrator may order a summary suspension of a registration, certificate, or mechanic trainee permit pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws, upon an affidavit by a person familiar with the facts set forth in the affidavit that there is a violation of 1 or more of the following:
(a) Section 17.
(b) Section 18.
(c) Section 2 of Act No. 119 of the Public Acts of 1986, being section 257.1352 of the Michigan Compiled Laws.
(2) The facility or mechanic to whom the order is directed may apply to the administrator and shall be granted a hearing within 30 days of application pursuant to Act No. 306 of the Public Acts of 1969.
(3) At the hearing, the order of summary suspension shall be set aside, continued, or modified.
History:
Add. 1988, Act 254, Eff. Oct. 1, 1989
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 300 of 1974 - Motor Vehicle Service and Repair Act (257.1301 - 257.1340) › Section 257.1323 - Action by Attorney General or County Prosecutor.

257.1323 Action by attorney general or county prosecutor.
Sec. 23.
If it appears that a person has engaged, is engaging, or is about to engage in a method, act, or practice in violation of this act or the rules promulgated hereunder, the attorney general or county prosecutor, may after receiving notice of an alleged violation of this act, with or without prior administrative proceedings having occurred, bring an action in the name of the people of this state to enjoin that method, act, or practice. The action shall be brought in the county where the person resides, or does business. If a person is not established in any one county, the action may be brought in Ingham county. Upon a proper showing, temporary or permanent injunctions may be issued including the appointment of a receiver or conservator. The state is not required to post a bond in a court proceeding. In addition the court may suspend or revoke a registration, certificate, or permit.
History:
1974, Act 300, Eff. Apr. 1, 1975
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 300 of 1974 - Motor Vehicle Service and Repair Act (257.1301 - 257.1340) › Section 257.1324 - Notice of Alleged Violation.

257.1324 Notice of alleged violation.
Sec. 24.
The attorney general or prosecuting attorney after receiving notice of an alleged violation of this act or a violation of an injunction, order, decree or judgment issued in an action brought pursuant to this act or an assurance under this act shall immediately forward written notice of the alleged violation together with any information he may have to the office of the administrator.
History:
1974, Act 300, Eff. Apr. 1, 1975
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 300 of 1974 - Motor Vehicle Service and Repair Act (257.1301 - 257.1340) › Section 257.1325 - Action by Administrator Not Restricted by Expiration or Absence of Registration, Certificate, or Permit.

257.1325 Action by administrator not restricted by expiration or absence of registration, certificate, or permit.
Sec. 25.
The expiration or absence of a registration, certificate, or permit of a facility or person shall not restrict the administrator from proceeding with an investigation, petition, disciplinary proceeding, or other action authorized by this act against a facility or person.
History:
1974, Act 300, Eff. Apr. 1, 1975
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 300 of 1974 - Motor Vehicle Service and Repair Act (257.1301 - 257.1340) › Section 257.1326 - Public or Private Investigation by Administrator; Additional Powers of Administrator.

257.1326 Public or private investigation by administrator; additional powers of administrator.
Sec. 26.
(1) The administrator shall on his own initiative or in response to complaints, make reasonable and necessary public or private investigations within or outside of this state and gather evidence against a person who violated or is about to violate this act or a rule or order hereunder.
(2) The administrator may:
(a) Require or permit a person to file a statement in writing or otherwise as the administrator determines as to all the facts and circumstances concerning the matter to be investigated.
(b) Mediate disputes between parties arising from violations of this act or an administrative rule.
(c) Develop conditions of probation or operation for the facility or mechanic mutually agreed upon and signed by the facility or the mechanic and the administrator instead of further disciplinary proceedings.
(d) On his own initiative, conduct spot check investigations of motor vehicle repair facilities registered or required to be registered throughout the state on a continuous basis to determine whether or not the facility is in compliance with this act and rules promulgated hereunder. The administrator may not alter the odometer on a vehicle employed in such investigations or deliberately misrepresent the condition of the vehicle.
(e) Conduct mechanical and diagnostic examinations of vehicles when there are reasonable grounds to believe that an unlawful act or practice was used to produce the repair or to make the repair.
History:
1974, Act 300, Eff. Apr. 1, 1975 ;-- Am. 1976, Act 12, Imd. Eff. Feb. 20, 1976
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 300 of 1974 - Motor Vehicle Service and Repair Act (257.1301 - 257.1340) › Section 257.1327 - Voluntary Assurance of Discontinuance of Alleged Violation.

257.1327 Voluntary assurance of discontinuance of alleged violation.
Sec. 27.
In mediating a dispute between parties contesting a violation of this act or administrative rule, the administrator may take from a motor vehicle repair facility a voluntary assurance that the facility will discontinue an alleged violation of this act or an administrative rule. The assurance shall be filed in the records of the administrator, shall be open for public inspection, and shall not constitute on the part of the facility making the assurance an admission of any issue of law or fact. The assurance subject to agreement by all parties, may contain provisions whereby:
(a) The facility will refund to an individual consumer an amount of money agreed upon by the parties.
(b) A facility shall take such affirmative action as is appropriate in the judgment of the administrator to correct an alleged violation of this act or a rule.
(c) A facility shall place in escrow a sum of money for the purposes of restitution to an aggrieved consumer pending the outcome of an action pursuant to this act. If the facility accepts the administrator's suggestions and performs accordingly, that fact shall be given due consideration in any subsequent disciplinary proceeding. The assurance shall constitute a contract which may be enforced by the parties in the circuit court upon application being made to the court for that purpose.
History:
1974, Act 300, Eff. Apr. 1, 1975
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 300 of 1974 - Motor Vehicle Service and Repair Act (257.1301 - 257.1340) › Section 257.1328 - Oaths or Affirmations; Subpoena; Order Compelling Compliance; Contempt.

257.1328 Oaths or affirmations; subpoena; order compelling compliance; contempt.
Sec. 28.
(1) For the purpose of an investigation or proceeding under this act, the administrator or an officer designated by him may administer oaths or affirmations, and upon motion of the attorney general or upon the motion of a party to a proceeding, make application to the circuit court for Ingham county for a subpoena, and if in the judgment of the court there is reasonable grounds to believe a subpoena should be issued, the court shall issue a subpoena to compel the attendance of the designated person, take evidence, or require the production of any matter which is relevant to the investigation or proceeding before the administrator or other officer conducting a proceeding.
(2) Upon failure to obey a subpoena of the court or to answer questions propounded by the administrator or other officer conducting the investigation or proceeding, after reasonable notice to the persons affected thereby, an application may be made to the circuit court for Ingham county for an order compelling compliance. Failure to comply with the order of the court shall be punished as a contempt.
History:
1974, Act 300, Eff. Apr. 1, 1975
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 300 of 1974 - Motor Vehicle Service and Repair Act (257.1301 - 257.1340) › Section 257.1329 - Service of Process.

257.1329 Service of process.
Sec. 29.
If a person, including a nonresident of this state, engages in conduct prohibited by this act or a rule or order and has not filed an irrevocable appointment of the secretary of state as an agent for service of process, and personal jurisdiction over him cannot otherwise be obtained in this state, the conduct itself authorizes the administrator to receive service of process in a noncriminal proceeding against that person or his successor, if that proceeding originates in conduct that is a violation of this act or an administrative rule hereunder. The service shall have the same force and validity as if served on the person personally.
History:
1974, Act 300, Eff. Apr. 1, 1975
2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 300 of 1974 - Motor Vehicle Service and Repair Act (257.1301 - 257.1340) › Section 257.1331 - Acts or Practices Barring Action on Contract, Action for Collection of Compensation, or Assertion of Lien; Recovery of Amount Paid Unregistered Facility.

257.1331 Acts or practices barring action on contract, action for collection of compensation, or assertion of lien; recovery of amount paid unregistered facility.
Sec. 31.
A person who engages or attempts to engage in the business or trade of a motor vehicle repair facility or specialty or master mechanic without a registration or certificate, or engages in an act or practice in violation of this act or a rule is barred from bringing or maintaining an action at law or equity on a contract or for the collection of compensation for work performed or materials or parts provided to any other person. In addition, the person is barred from asserting a mechanic's, garageman's, or similar lien upon a motor vehicle, including the repossession of a motor vehicle. A customer is entitled to recover any amount paid to an unregistered facility for the repair of a motor vehicle belonging to that customer.
History:
1974, Act 300, Eff. Apr. 1, 1975