Michigan Compiled Laws
Act 300 of 1974 - Motor Vehicle Service and Repair Act (257.1301 - 257.1340)
Section 257.1322 - Administrative Action Against Certain Conduct; Violation of Subsection (1); Powers of Administrator; Probation; Conditions; Other Lawful Remedies and Sanctions.

Sec. 22.
(1) The administrator may take any administrative action described in subsection (2) if the administrator determines that a facility, mechanic, or trainee, or a stockholder, officer, director, or partner of a facility that is a corporation or partnership, does 1 or more of the following:
(a) Makes an untrue statement of a material fact.
(b) Violates this act or a rule promulgated under this act.
(c) Violates a condition of probation.
(d) Makes unnecessary repairs or repairs not authorized by the customer.
(e) Refuses to honor warranties made by a facility.
(f) Causes or allows a customer to sign a document in blank relating to the repair of a motor vehicle.
(g) Is 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) Fails to comply with the terms of a final cease and desist order.
(i) Is convicted of a violation of this act.
(j) Uses the waiver of liability provision in an attempt to evade this act.
(k) Is convicted of a violation of 1986 PA 119, MCL 257.1351 to 257.1355.
(l) Is convicted under section 413, 415, 535, 535a, or 536a of the Michigan penal code, 1931 PA 328, MCL 750.413, 750.415, 750.535, 750.535a, and 750.536a, or has been convicted in another state of a violation of a law substantially corresponding to 1 of those sections of the Michigan penal code.
(2) After notice and opportunity for a hearing, the administrator may do 1 or more of the following if he or she determines that a facility, mechanic, or trainee, or a stockholder, officer, director, or partner of a facility that is a corporation or partnership, violates subsection (1):
(a) Place a limitation on a registration, certificate, or mechanic trainee permit.
(b) Suspend a registration, certificate, or mechanic trainee permit.
(c) Deny a registration, certificate, or mechanic trainee permit or renewal of a registration, certificate, or mechanic trainee permit.
(d) Revoke a registration, certificate, or mechanic trainee permit.
(e) Censure the person that holds a registration, certificate, or mechanic trainee permit.
(3) As an alternative or in addition to administrative action under subsection (2) for a violation or alleged violation of subsection (1), the administrator may, by written agreement with a person that holds a registration, certificate, or mechanic trainee permit, place a registration, certificate, or mechanic trainee permit on probation and include conditions of probation in the agreement.
(4) The remedies and sanctions under this act are independent and cumulative. The use of a remedy or sanction under this act, including, but not limited to, administrative action by the administrator under subsection (2) or an agreement for probation under subsection (3), does not bar other lawful remedies and sanctions against a person and does not limit a person's criminal or civil liability under law.
History: 1974, Act 300, Eff. Apr. 1, 1975 ;-- Am. 1976, Act 12, Imd. Eff. Feb. 20, 1976 ;-- Am. 1988, Act 254, Eff. Oct. 1, 1989 ;-- Am. 2016, Act 430, Eff. Apr. 4, 2017 Admin Rule: R 257.101 et seq. of the Michigan Administrative Code.

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.