Sec. 20.
(1) Upon complaint made by any person, or upon its own initiative, the department may investigate alleged violations of this act or rules promulgated under this act by a registrant or any other person. The department may examine books, records, contracts, and other documents in possession of or under the control of any registrant with or without the consent of that registrant and with or without a warrant authorizing the examination, or of any other person if that person consents to an examination or if the department obtains a warrant authorizing an examination. If the department determines that reasonable cause exists to believe that a violation has occurred, it shall do 1 of the following:
(a) If the alleged violation was committed by a person other than a registrant, the department shall refer the matter to the attorney general or a prosecuting attorney for criminal or civil action as provided in sections 23 and 24.
(b) If the alleged violation was committed by a registrant, the department shall do either of the following:
(i) Refer the matter to the attorney general for civil or criminal prosecution or enforcement.
(ii) Institute proceedings in compliance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(2) The department or the department of the attorney general may petition a court of competent jurisdiction for issuance of a subpoena requiring the person subpoenaed to appear to testify or produce relevant documentary material for examination at a proceeding conducted under subsection (1)(a) or (b).
(3) If, after a hearing, the department determines that a registrant has violated the provisions of this act or any rule promulgated pursuant to this act, the department shall do 1 or more of the following:
(a) Suspend or revoke the registration.
(b) Impose a civil fine not to exceed $5,000.00 for each violation and may suspend the registration until the fine is paid.
(c) Require restitution of funds paid pursuant to a prepaid contract. Restitution may include suspending the registration until restitution is made.
(d) Impose a period of probation during which the registrant is required to comply with additional conditions imposed by the department in lieu of or in addition to the imposition of other penalties provided under this act.
(e) Impose restrictions upon the registrant's prepaid business activities which require additional accountability to the department.
(f) Issue a written warning to the registrant.
History: 1986, Act 255, Eff. July 1, 1987 ;-- Am. 2004, Act 21, Eff. Jan. 1, 2005 Compiler's Notes: For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.
Structure Michigan Compiled Laws
Chapter 328 - Dead Human Bodies
Act 255 of 1986 - Prepaid Funeral and Cemetery Sales Act (328.211 - 328.235)
Section 328.211 - Short Title.
Section 328.212 - Meanings of Words and Phrases.
Section 328.213 - Definitions; B to D.
Section 328.214 - Definitions; D to M.
Section 328.215 - Definitions; N to U.
Section 328.219 - Notice of Purchase or Assignment of Business Operations or Prepaid Contracts.
Section 328.220 - Nonguaranteed or Guaranteed Price Contracts; Execution.
Section 328.221 - Guaranteed Price Contract; Requirements.
Section 328.227 - Rules Generally.
Section 328.228 - Prohibited Conduct; Rules; Administrative Action.
Section 328.231 - Violations; Penalties.
Section 328.232 - Conversion of Funds as Felony; Violation as Misdemeanor; Penalties.
Section 328.234 - Action to Force Compliance; Damages; Orders.