Sec. 18.
(1) After an investigation has been conducted and a formal complaint has been prepared pursuant to section 14(c), the commissioner shall serve upon the person against whom the complaint was filed, and the person who filed the complaint, a notice of a hearing on the complaint pursuant to section 71 of the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being section 24.271 of the Michigan Compiled Laws, and a notice of an opportunity to settle the complaint through an informal conference.
(2) A person upon whom service has been made pursuant to this section may request, within 15 days after the receipt of notice, an opportunity to settle a complaint in an informal conference. An informal conference shall be held only if the person against whom a complaint has been filed agrees to the informal conference. If an informal conference is held, the hearing on the complaint shall be postponed.
(3) An informal conference may result in a settlement, consent order, waiver, default, or other method of settlement agreed upon by the person complained against and the commissioner. A settlement may include a license or registration revocation or suspension, restitution, or a penalty provided for in this act.
(4) This act does not prevent a person against whom a complaint has been filed from showing compliance with this act, a rule promulgated under this act, or an order issued under this act, as provided in chapter 4 of Act No. 306 of the Public Acts of 1969.
(5) If an informal conference is not held, or does not result in a settlement of a complaint, a hearing on the complaint shall be held as provided in chapter 4 of Act No. 306 of the Public Acts of 1969.
History: 1987, Act 173, Imd. Eff. Nov. 18, 1987 Compiler's Notes: For transfer of authority, powers, duties, functions, and responsibility of the financial institutions bureau and the commissioner of the financial institutions bureau to the commissioner of the office of financial and insurance services and the office of financial and insurance services by type III transfer, see E.R.O. No. 2000-2, compiled at MCL 445.2003 of the Michigan compiled laws.
Structure Michigan Compiled Laws
Chapter 445 - Trade and Commerce
Act 173 of 1987 - Mortgage Brokers, Lenders, and Servicers Licensing Act (445.1651 - 445.1684)
Section 445.1651 - Short Title.
Section 445.1651a - Definitions.
Section 445.1652a-445.1652c - Repealed. 2009, Act 76, Eff. July 31, 2010.
Section 445.1654 - Proof of Financial Responsibility.
Section 445.1655 - Minimum Net Worth.
Section 445.1659 - Transfer or Assignment of License or Registration.
Section 445.1661 - Powers of Commissioner Generally.
Section 445.1663 - Complaint; Investigation; Federal Regulatory Authority.
Section 445.1664 - Provisions Applicable to Investigation.
Section 445.1666 - Cease and Desist Order; Hearing; Violation; Injunction.
Section 445.1667 - Remedies Cumulative.
Section 445.1668a - Fraud; Prohibition; Notice; Hearing; Order.
Section 445.1668b - Hearing; Final Decision; Judicial Review; Effect of Review on Order.
Section 445.1668c - Enforcement of Order; Jurisdiction.
Section 445.1668d - Violation as Misdemeanor; Penalty.
Section 445.1668e - Violation of Order; Exceptions.
Section 445.1672 - Violations Generally.
Section 445.1672a - Mortgage Loans; Prohibited Advertising.
Section 445.1672b - Repealed. 2009, Act 76, Eff. July 31, 2010.
Section 445.1673 - Reasonable and Necessary Charges; Terms and Conditions of Guarantee.
Section 445.1674 - Annual Statement and Ledger History of Borrower's Account; Fee Prohibited.
Section 445.1675 - Applicability of Act.
Section 445.1675a - Exemptions; Filing Affidavit; Failure to Meet Qualifications.
Section 445.1676 - Laws to Which Mortgage Loan Subject.
Section 445.1678 - Civil or Criminal Liability.
Section 445.1680 - Effect of Noncompliance on Validity or Enforceability of Mortgage Loan.
Section 445.1681 - Action to Obtain Declaratory Judgment, Injunction, or Actual Damages; Limitation.
Section 445.1682 - Conservatorship.
Section 445.1684 - Claims Filed Against Proof of Financial Responsibility.