Michigan Laws 286.853 – Revocation of registration or license; hearing to appeal; preponderance of evidence; destruction or confiscation of all cannabis upon revocation; lifting of suspension
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Terms Used In Michigan Laws 286.853
- Allegation: something that someone says happened.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Cannabis: means the plant Cannabis sativa L. See Michigan Laws 286.842
- Department: means the department of agriculture and rural development. See Michigan Laws 286.842
- Director: means the director of the department, or his or her designee. See Michigan Laws 286.842
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Grower: means a person registered by the department under this act to grow industrial hemp. See Michigan Laws 286.842
- Person: means an individual, partnership, corporation, association, or other legal entity. See Michigan Laws 286.842
- Processor-handler: means a person licensed by the department under this act to process, handle, broker, or market industrial hemp. See Michigan Laws 286.842
- Program: means the industrial hemp licensing and registration program established by this act. See Michigan Laws 286.842
(1) The department shall not permanently revoke a registration or license suspended under section 12 unless the department has notified the registered grower or licensed processor-handler of the allegation against him or her and given the registered grower or licensed processor-handler an opportunity for a hearing to appeal the revocation.
(2) The department shall schedule a registration or license revocation hearing for a date as soon as practicable that is not more than 60 days after the date of notification of a registration or license suspension.
(3) The department shall conduct the hearing required under this section in accordance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(4) If the director finds by a preponderance of the evidence that an allegation under section 12(1) concerning the person subject to the registration or license revocation hearing is true, the director shall revoke the registration or license effective immediately and the department or a law enforcement agency shall order destroyed, or confiscate, all cannabis that is in the person’s possession.
(5) The department or a law enforcement agency shall not owe compensation or indemnity for the value of the cannabis that is destroyed or confiscated under this section.
(6) A person whose registration or license has been revoked is barred from participation in the program in any capacity for a minimum of 5 years from the date on which the registration or license was revoked.
(7) If the director does not find by a preponderance of the evidence that an allegation under section 12(1) concerning the person subject to a registration or license revocation hearing is true, the department shall lift the suspension imposed under section 12 within 24 hours.