Michigan Laws 286.857 – Violation of act or rules; administrative fines
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Terms Used In Michigan Laws 286.857
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Licensing and registration fund: means the industrial hemp licensing and registration fund created in section 5. See Michigan Laws 286.842
- Person: means an individual, partnership, corporation, association, or other legal entity. See Michigan Laws 286.842
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) A person who individually, or by the action of his or her agent or employee, or as the agent or employee of another, violates this act or a rule promulgated under this act is subject to an administrative fine. Upon the request of a person to whom an administrative fine is issued, the director shall conduct a hearing in accordance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. The department shall impose a fine authorized by this section as follows:
(a) For a first violation, not less than $100.00 or more than $500.00, plus actual costs of the investigation and double the amount of any economic benefit associated with the violation.
(b) For a second violation within 5 years after the first violation, not less than $500.00 or more than $1,000.00, plus actual costs of the investigation and double the amount of any economic benefit associated with the violation.
(c) For a third or subsequent violation within 5 years after the date of the first violation, not less than $1,000.00 or more than $2,000.00, plus actual costs of the investigation and double the amount of any economic benefit associated with the violation.
(2) A decision of the director under this section is subject to judicial review as provided by law.
(3) The director shall advise the attorney general of the failure of any person to pay an administrative fine imposed under this section. The attorney general shall bring an action in a court of competent jurisdiction to recover the fine.
(4) Any administrative fine, investigation costs, or recovery of economic benefit associated with a violation that is collected under this section shall be paid to the state treasury and deposited into the licensing and registration fund.