March 5, 2013, Introduced by Reps. Victory, Yonker, Price and Pagel and referred to the Committee on Regulatory Reform.
A bill to amend 1974 PA 300, entitled
"Motor vehicle service and repair act,"
by amending sections 21a and 22 (MCL 257.1321a and 257.1322),
section 21a as added and section 22 as amended as added by 1988 PA
254.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 21a. (1) The administrator may order a summary suspension
of
a registration, certificate, or mechanic trainee permit pursuant
to
under the administrative procedures act of 1969, Act
No. 306 of
the
Public Acts of 1969, being sections 24.201 to 24.328 of the
Michigan
Compiled Laws, upon 1969 PA
306, MCL 24.201 to 24.328,
based
on an affidavit, by a
person an individual who is familiar
with the facts set forth in the affidavit, that there is a
violation of 1 or more of the following:
(a) Section 17.
(b) Section 18.
(c)
Section 2 of Act No. 119 of the Public Acts of 1986, being
section
257.1352 of the Michigan Compiled Laws.1986 PA 119, MCL
257.1352.
(d) Section 710h(1) of the Michigan vehicle code, 1949 PA 300,
MCL 257.710h, including, but not limited to, a violation of that
section in connection with the sale of a motor vehicle under the
garage keeper's lien act, 1915 PA 312, MCL 570.301 to 570.310.
(2) The facility or mechanic to whom the order is directed may
apply
to the administrator and shall be granted the administrator
shall
grant the facility or mechanic a
hearing within 30 days of
after
the application pursuant to Act No.
306 of the Public Acts of
1969.under the administrative procedures act of
1969, 1969 PA 306,
MCL 24.201 to 24.328.
(3)
At the a hearing
described in subsection (2), the order
of
summary suspension shall be set aside, continued, or modified.
Sec. 22. The administrator may deny, suspend, or revoke a
registration, certificate, or mechanic trainee permit after notice
and opportunity for a hearing if the administrator determines that
the facility, mechanic, or trainee did 1 or more of the following:
(a) Engaged in a method, act, or practice that is unfair or
deceptive or made an untrue statement of a material fact.
(b) Violated this act or a rule promulgated under this act.
(c) Violated a condition of probation.
(d) Made unnecessary repairs or repairs not authorized by the
customer.
(e) Refused to honor warranties made by a facility.
(f) Caused or allowed a customer to sign a document in blank
relating to the repair of a motor vehicle.
(g) Was enjoined by a court of competent jurisdiction from
engaging in the trade or business of repairing motor vehicles or
from a violation of this act or a rule promulgated under this act.
(h) If the applicant is a corporation or partnership, a
stockholder, officer, director, or partner of the applicant was
guilty of an act or omission that would be a cause for refusing,
revoking, or suspending a license issued to the stockholder,
officer, director, or partner as an individual.
(i) Failed to comply with the terms of a final cease and
desist order.
(j) Was convicted of a violation of this act.
(k)
Used the a waiver of liability provision described in
section 5(4) in an attempt to evade this act.
(l) Was convicted of a violation of Act No. 119 of
the Public
Acts
of 1986, being sections 257.1351 to 257.1355 of the Michigan
Compiled
Laws.1986 PA 119, MCL
257.1351 to 257.1355.
(m) Was convicted under section 413, 415, 535, 535a, or 536a
of
the Michigan penal code, Act No. 328 of the Public Acts of 1931,
being
sections 1931 PA 328, MCL 750.413, 750.415, 750.535,
750.535a,
and 750.536a, of the Michigan Compiled Laws, or has
been
was convicted in another state of a violation of a law
substantially
corresponding to 1 of those sections. 413, 415, 535,
535a,
536, and 536a of the Michigan penal code, Act No. 328 of the
Public
Acts of 1931.
(n) Was convicted of a violation of section 710h(1) of the
Michigan vehicle code, 1949 PA 300, MCL 257.710h, including, but
not limited to, a violation of that section in connection with the
sale of a vehicle under the garage keeper's lien act, 1915 PA 312,
MCL 570.301 to 570.310.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 4364(request no.
01416'13) of the 97th Legislature is enacted into law.