Michigan Laws 339.5509 – Summary suspension of license; order; affidavit; administrative proceedings; petition to dissolve order; hearing; granting request; exception; record
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Terms Used In Michigan Laws 339.5509
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Contested case hearing: means a hearing under chapter 4 of the administrative procedures act of 1969, MCL 24. See Michigan Laws 339.5103
- Department: means the department of licensing and regulatory affairs. See Michigan Laws 339.5103
- Director: means the director of the department of licensing and regulatory affairs or his or her authorized representative. See Michigan Laws 339.5103
- 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.
- License: includes the whole or part of a governmental permit, certificate, approval, registration, charter, or similar form of permission required under a specific article of this act. See Michigan Laws 339.5105
- Person: means an individual, sole proprietorship, partnership, association, limited liability company, corporation, or common law trust or a combination of those legal entities. See Michigan Laws 339.5107
(1) After an investigation is conducted, the department may issue an order summarily suspending a license issued under this act based on an affidavit by an individual who is familiar with the facts set forth in the affidavit, or, if appropriate, based on an affidavit made on information and belief, that an imminent threat to the public health, safety, and welfare exists. After a summary suspension order is issued under this section, the department shall promptly commence the administrative proceedings described in this article to determine what additional administrative action is appropriate.
(2) If a person‘s license is summarily suspended under this section, the person may petition the department to dissolve the order. If it receives a petition under this subsection, the department shall immediately schedule a hearing to decide whether to grant or deny the request to dissolve the order.
(3) An administrative law hearings examiner shall grant a request to dissolve a summary suspension order made under subsection (2), unless sufficient evidence is presented that an imminent threat to the public health, safety, and welfare exists that requires emergency action and continuation of the director‘s summary suspension order.
(4) The record created at the hearing to dissolve a summary suspension order shall become part of the record on the complaint at a subsequent contested case hearing.