Michigan Laws 432.150 – Denial, suspension, or revocation of license; procedure; subpoenas; fine; period of ineligibility after revocation
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Terms Used In Michigan Laws 432.150
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- 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.
- Executive director: means the executive director of the board, appointed under section 4 of the Michigan gaming control and revenue act, 1996 IL 1, MCL 432. See Michigan Laws 432.102
- 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.
- Licensee: means a person, including a qualified organization, licensed under this act. See Michigan Laws 432.103
- Member: means an individual who qualified for membership in a qualified organization under its bylaws, articles of incorporation, charter, rules, or other written statement. See Michigan Laws 432.103
- Millionaire party: means an event at which wagers are placed on games of chance customarily associated with a gambling casino through the use of imitation money or chips that have a nominal value equal to or greater than the value of the currency for which they can be exchanged. See Michigan Laws 432.103
- Person: means an individual, firm, association, corporation, or other legal entity. See Michigan Laws 432.103a
- Principal officer: means the highest ranking officer of the qualified organization according to its written constitution, charter, articles of incorporation, or bylaws. See Michigan Laws 432.103a
- Qualified organization: means , subject to subdivision (e), either of the following:
(i) A bona fide religious, educational, service, senior citizens, fraternal, or veterans' organization that operates without profit to its members and that either has been in existence continuously as an organization for a period of 5 years or is exempt from taxation under section 501(c) of the internal revenue code of 1986, 26 USC 501(c). See Michigan Laws 432.103aSubpoena: A command to a witness to appear and give testimony. Supplier: means a person licensed under this act to rent, sell, or lease equipment or to sell charity game or numeral game tickets to qualified organizations licensed under this act. See Michigan Laws 432.103a
(1) The executive director may deny, suspend, summarily suspend, or revoke a license issued under this article if the licensee or an officer, director, agent, member, or employee of the licensee violates this article or a rule promulgated under this article. The executive director may summarily suspend a license for a period of not more than 60 days pending prosecution, investigation, or public hearing.
(2) A proceeding to suspend or revoke a license is a contested case and must be conducted in accordance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(3) On petition of the executive director, the circuit court after a hearing may issue subpoenas to compel the attendance of witnesses and the production of documents, papers, books, records, and other evidence before it in a matter over which the executive director has jurisdiction, control, or supervision under this article. If a person subpoenaed to attend in any such proceeding or hearing fails to obey the command of the subpoena without reasonable cause, or if a person in attendance in any such proceeding or hearing refuses, without lawful cause, to be examined or to answer a legal or pertinent question or to exhibit a book, account, record, or other document when ordered to do so by the court, the person may be punished as being in contempt of the court.
(4) For each violation of this act, any rules promulgated under this act, or any order issued under this act, the executive director may impose a civil penalty of up to $2,500.00 and may issue a cease and desist order, or obtain injunctive relief. In addition to any civil penalty imposed under this subsection, a person may be liable for a fine of up to the amount of any illegal payments made or received.
(5) A qualified organization, a millionaire party chairperson, and a principal officer are jointly and severally liable for any penalties and fines levied under subsection (4).
(6) A supplier and the owners and co-owners of a supplier are jointly and severally liable for any penalties and fines levied under subsection (4).
(7) A person whose license is revoked under this section is ineligible to apply for a license for 5 years.