Michigan Compiled Laws
Act 300 of 1974 - Motor Vehicle Service and Repair Act (257.1301 - 257.1340)
Section 257.1321 - Cease and Desist Order.

Sec. 21.
(1) If the administrator determines after notice and a hearing that a person has violated this act or a rule promulgated under this act, directly or through an agent or employee, he or she may issue an order requiring the person to cease and desist from the violation or to take an affirmative action that in the judgment of the administrator would carry out the purposes of this act.
(2) If the administrator makes a finding of fact in writing that the public interest will be irreparably harmed by delay in issuing an order, he or she may issue a temporary cease and desist order. Before issuing the temporary cease and desist order, the administrator when possible by telephone or otherwise shall give notice of the proposal to issue a temporary cease and desist order to the facility. A temporary cease and desist order shall include in its terms a provision that on request the administrator shall hold a hearing within 30 days to determine whether or not the order shall become permanent.
History: 1974, Act 300, Eff. Apr. 1, 1975 ;-- Am. 2016, Act 430, Eff. Apr. 4, 2017

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Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 257 - Motor Vehicles

Act 300 of 1974 - Motor Vehicle Service and Repair Act (257.1301 - 257.1340)

Section 257.1301 - Short Title.

Section 257.1302 - Definitions; a to L.

Section 257.1302a - Definitions; M to W.

Section 257.1303 - Act Inapplicable to Gasoline Service Stations Exclusively Engaged in Selling Motor Fuel and Lubricants; Minor Repair Services Subject to Act; Exception.

Section 257.1304 - Act Inapplicable to Certain Persons.

Section 257.1305 - Motor Vehicle Repair Facility; Certified Specialty or Master Mechanic Required; Inspection and Approval of Work Performed by Noncertified Mechanic; Waiver.

Section 257.1306 - Motor Vehicle Repair Facility; Registration Required.

Section 257.1306a - Motor Vehicle Repair Facility Providing Baiid Service; Approval of Department; Requirements; Term; Inspection.

Section 257.1307 - Prohibited Conduct.

Section 257.1307a - Prohibited Conduct.

Section 257.1307b - Prohibited Conduct.

Section 257.1307c - Prohibited Conduct.

Section 257.1307d - Prohibited Conduct.

Section 257.1307e - Prohibited Conduct.

Section 257.1307f - Prohibited Conduct.

Section 257.1308 - Administration of Act; Nonaffiliation With Facility.

Section 257.1309 - Powers and Duties of Administrator; Rules.

Section 257.1310 - Certification as Specialty Mechanic; Certification Fee; Initial Specialty Mechanic's Certificate in Baiid Service; Examination; Qualification Certificate as Master Mechanic for Automobiles, Light Trucks, or Heavy-Duty Trucks.

Section 257.1310a - Performance of Baiid Service; Certificate Required; Requirements; Written Installation Verification.

Section 257.1310b - Certification as Specialty or Master Mechanic for Automobiles and Light Trucks or Heavy-Duty Trucks; Certification as Master Motorcycle Mechanic; Certification as Recreational Trailer Mechanic; Eligibility.

Section 257.1311 - Application for Specialty or Master Mechanic's Certificate; Form; Contents; Terms; Renewal.

Section 257.1312 - Examination.

Section 257.1313 - Mechanic Trainee Permit; Duration; Supervision; Educational Institution.

Section 257.1313a - Training to Mechanics or Mechanic Trainees; Approval of School, Academy, or Similar Establishment; Contract.

Section 257.1313b - Display of Current and Valid Certificate; Name and Certification Number to Be Affixed to Statement of Repairs; Compliance With Accepted Motor Vehicle Repair Industry Standards; Violation of Subsection (3).

Section 257.1314 - Registration Form; Contents.

Section 257.1315 - Registration; Expiration; Renewal; Operation Pending Renewal Approval; Fee; Single Registration Form for More Than 1 Facility.

Section 257.1316 - Change in Ownership or Name and Address of Facility; Notice; Owner as Corporation; "Change of Ownership" Defined.

Section 257.1317 - Inspection; "Reasonable Business Records" Defined.

Section 257.1318 - Records; Inspection; "Reasonable Business Records" Defined; Retention; Time Periods; Records to Be Maintained by Facility Engaging in Body Work; Contents; Police Book; Dealer's License Required.

Section 257.1318a - Records of Air Bag Sales, Purchases, or Acquisitions; Period of Time Records Required to Be Maintained.

Section 257.1319 - Loss, Destruction, or Mutilation of Registration, Certificate, or Trainee Permit; Replacement.

Section 257.1320 - Specialty or Master Mechanic Certificate; Date of Approval; Expiration; Renewal; Conduct Pending Renewal.

Section 257.1321 - Cease and Desist Order.

Section 257.1321a - Summary Suspension of Registration, Certificate, or Mechanic Trainee Permit; Affidavit; Hearing; Setting Aside, Continuing, or Modifying Order of Summary Suspension.

Section 257.1322 - Administrative Action Against Certain Conduct; Violation of Subsection (1); Powers of Administrator; Probation; Conditions; Other Lawful Remedies and Sanctions.

Section 257.1323 - Action by Attorney General or County Prosecutor.

Section 257.1324 - Notice of Alleged Violation.

Section 257.1325 - Action by Administrator Not Restricted by Expiration or Absence of Registration, Certificate, or Permit.

Section 257.1326 - Public or Private Investigation by Administrator; Additional Powers of Administrator.

Section 257.1327 - Voluntary Assurance of Discontinuance of Alleged Violation.

Section 257.1328 - Oaths or Affirmations; Subpoena; Order Compelling Compliance; Contempt.

Section 257.1329 - Service of Process.

Section 257.1330 - Fees.

Section 257.1331 - Acts or Practices Barring Action on Contract, Action for Collection of Compensation, or Assertion of Lien; Recovery of Amount Paid Unregistered Facility.

Section 257.1332 - Written Estimate Required; Consent to Excess Charge; Payment of Actual Cost if Cost Less Than Estimate; Cost of Returning Vehicle to Original Condition; Cost of Diagnosis; Waiver of Rights; Display of Certificate of Repair Facility...

Section 257.1332a - Consumer Information Sign.

Section 257.1333 - Right to Receive or Inspect Replaced Parts; Notice; Exchange Agreement; Disposition of Replaced Parts; Display of Sign at Entrance of Facility.

Section 257.1334 - Written Statement Required Upon Return of Repaired Vehicle.

Section 257.1334a - Written Estimate Not Required if Total Cost Less Than $50.00; Statement Including Actual Cost of Repairs.

Section 257.1335 - False Statement, Misrepresentation, or Failure to Comply With Cease and Desist Order.

Section 257.1336 - Liability for Damage or Injury.

Section 257.1337 - Mechanic or Mechanic Trainee as Agent; Joint and Several Liability; Right to Contribution.

Section 257.1338 - Violation; Penalty.

Section 257.1339 - Rescission of R 257.101 to R 257.173.

Section 257.1340 - Disposition of Fees.