Michigan Laws 256.689 – Sanctions
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Terms Used In Michigan Laws 256.689
- Driver education instructor: means a person who the secretary of state certifies has met the instructor qualifications of this act to instruct a student in a driver education course. See Michigan Laws 256.623
- Driver education instructor certificate: means a written or electronic authorization issued by the secretary of state to indicate that a person has met the instructor qualifications of this act to instruct a student in a driver education course. See Michigan Laws 256.623
- Driver education provider certificate: means a written or electronic authorization issued by the secretary of state to indicate that a person has met the driver education provider qualifications of this act. See Michigan Laws 256.625
- Fraud: Intentional deception resulting in injury to another.
- Person: means an individual, partnership, corporation, association, limited liability company, educational institution, governmental agency or other legal or commercial entity, and their legal successors. See Michigan Laws 256.627
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- provider: means a person that meets the requirements in subparagraph (i), if not excluded under subparagraph (ii), as follows:
(i) Maintains or obtains the facilities and certified instructors to give instruction in the driving of a motor vehicle or maintains or obtains the facilities and certified instructors to prepare an applicant for an exam given by the secretary of state for a license as defined in section 25 of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 256.625Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Revocation: means the termination of a driver education provider's certification or a driver education instructor's certification. See Michigan Laws 256.627 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 Suspension: means the temporary withdrawal of a person's certification to engage or offer to engage in activities as a driver education provider or a driver education instructor during the period of suspension. See Michigan Laws 256.627
(1) Except as otherwise provided in this act, the secretary of state may impose 1 or more of the sanctions in subsection (2) after notice and opportunity for a hearing if the secretary of state determines that a person, a driver education provider, a driver education instructor, or an applicant for either a provider or instructor certificate did 1 or more of the following:
(a) Failed to meet a requirement under this act or a rule promulgated under this act.
(b) Violated this act or a rule promulgated under this act.
(c) Made an untrue or misleading statement of a material fact to the secretary of state or concealed a material fact in connection with an application for a provider or instructor certificate.
(d) Permitted fraud or engaged in a fraudulent method, act, or practice in connection with a driver license or temporary driving permit application submitted to the secretary of state, or induced or countenanced fraud or a fraudulent method, act, or practice on the part of an applicant for a driver license or permit.
(e) Engaged in an unfair or deceptive method, act, or practice or made an untrue statement of a material fact.
(f) Violated a condition of probation or suspension or an order issued under this act.
(g) Failed to maintain good moral character as defined and determined under 1974 PA 381, MCL 338.41 to 338.47, in connection with business operations.
(2) After the secretary of state determines that a person, a driver education provider, a driver education instructor, or an applicant for a provider or instructor certificate committed a violation listed in subsection (1), the secretary of state may impose upon the person, provider, instructor, or applicant 1 or more of the following sanctions:
(a) Denial of an application for a driver education provider certificate or a driver education instructor certificate.
(b) Suspension or revocation of a driver education provider certificate or a driver education instructor certificate.
(c) An administrative fine paid to the secretary of state in an amount not to exceed $1,000.00 for each violation.
(d) A requirement to take the affirmative action determined necessary by the secretary of state, including payment of restitution to a student or to an injured person.
(3) A sanction may be imposed under subsection (2) in addition to criminal penalties otherwise imposed for the same violation under this act or by law. The remedies and sanctions under this act are independent and cumulative.