Michigan Laws 287.124 – Refusal, suspension, or revocation of license; hearing; notice, decision; appeal; causes for refusal, suspension, or revocation
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Terms Used In Michigan Laws 287.124
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Department: means the department of agriculture and rural development. See Michigan Laws 287.121
- Director: means the director of the department or his or her authorized representative. See Michigan Laws 287.121
- 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.
- Licensee: means a person holding a license issued under this act. See Michigan Laws 287.121
- livestock: includes horses, ponies, mules, cattle, calves, swine, sheep, poultry, privately owned cervids, ratites, aquaculture species, and goats. See Michigan Laws 287.121
- Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 287.121
- 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
If a person fails or refuses to comply with this act, the department may refuse to issue a license or may suspend or revoke the license held by the licensee. Before refusing, suspending, or revoking the license, the department shall give written notice of a hearing to be had thereon to the licensee affected. The notice shall appoint a time of hearing at the department and shall be mailed by certified or registered mail to the licensee. On the day of the hearing, the licensee may present evidence to the director as he or she considers appropriate regarding the violations charged, and after the hearing the director shall render a decision. A licensee who feels aggrieved at the decision of the director may appeal the decision within 10 days to the circuit court of the county where the licensee resides. The following reasons are cause for refusal to issue a license or for the suspension or revocation of a license:
(a) The applicant or licensee has failed to pay in full any amounts due on livestock purchased, or has violated the laws of the state or rules promulgated by the director governing the interstate or intrastate movement, shipment, or transportation of animals.
(b) There have been intentionally false or misleading statements to the purchaser concerning the identity or the physical condition of an animal, any test intended to establish the health status of an animal; or as to the ownership of an animal, the quantity of animals, or other matter in connection with the buying, receiving, selling, exchanging, soliciting, or negotiating the sale, resale, exchange, transport, transfer, weighing, or shipment of animals.
(c) The licensee has engaged in buying or receiving animals, or receiving, selling, exchanging, soliciting, or negotiating the sale, resale, exchange, transport, or transfer of animals that do not comply with official identification, testing, permitting, or intrastate or interstate animal movement requirements under the animal industry act, 1988 PA 466, MCL 287.701 to 287.746.
(d) The licensee has failed to practice measures of sanitation, disinfection, dead animal disposal as required in 1982 PA 239, MCL 287.651 to 287.683, bodies of dead animals, animal handling, or inspection as required by this act, related to the premises or vehicles used for the stabling or transportation of animals.
(e) There has been a failure or refusal on the part of the licensee, upon the request of the department, to produce records required under this act.