Michigan Laws 487.2140 – Enforcement and implementation of act; issuance of orders and rules; correction of inaccurate information; duties of licensee if database not operational; examination of business, books, and reco
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Terms Used In Michigan Laws 487.2140
- Commissioner: means the director or his or her authorized representative. See Michigan Laws 487.2122
- Customer: means an individual who inquires into the availability of or applies for a deferred presentment service transaction or a drawer who enters into a deferred presentment service transaction. See Michigan Laws 487.2122
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- Licensee: means a person that is licensed to engage in the business of providing deferred presentment service transactions under this act. See Michigan Laws 487.2122
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(1) The commissioner may issue orders and rules that he or she considers necessary to enforce and implement this act. The commissioner shall make a copy of any order or rule issued under this subsection available to each licensee within a reasonable time after issuance.
(2) If any information previously submitted to the commissioner by a licensee under this act is no longer accurate, the licensee shall promptly file in writing with the commissioner a correction of the information. If requested by the commissioner, the licensee shall provide a written report of its business operations, including information described in subsection (3), within a reasonable time after the commissioner’s request.
(3) If the commissioner has not implemented a database under section 22 or the database described in that section is not fully operational, as determined by the commissioner, a licensee shall do all of the following:
(a) Provide an annual written report of its business operations, including business volume and other information on the business of providing deferred presentment service transactions.
(b) Every February 1, May 1, August 1, and November 1, report to the commissioner on a form prescribed by the commissioner all of the following:
(i) The number of customers who during the preceding calendar quarter notified the licensee of a violation of this act.
(ii) A breakdown of the number of times the licensee agreed that a violation of this act occurred and the number of times that the licensee did not agree that a violation occurred.
(iii) If the licensee agreed that the violation occurred, the amount of restitution that was paid to any customer under this act.
(iv) Any other information the commissioner considers necessary under this act.
(4) To assure compliance with this act, the commissioner may examine the relevant business, books, and records of any licensee.