Michigan Compiled Laws
Act 21 of 1939 - Regulatory Loan Act (493.1 - 493.26)
Section 493.24 - Review of Decisions and Regulations; Limitations; Method; Jurisdiction of Courts.

Sec. 24.
Any applicant under section 4 of this act or any licensee, being dissatisfied with any rule, regulation, order, demand, ruling, or finding (hereinafter in this section referred to as an order) whatsoever, made by the commissioner under and by virtue of the provisions of this act, may, within 30 days from the issuance of such order and the giving of notice thereof as required herein, commence an action in the circuit court in chancery for the county of Ingham, or in the chancery court of the county in which is located the place of business of such licensee or applicant concerning which such rule, regulation, order, demand, ruling or finding was made, against the commissioner as defendant to vacate and set aside such order on the ground that the same is unlawful or unreasonable or not correct as to the facts, or that any regulation or practice fixed in such order is unlawful or unreasonable. In such action the trial shall be de novo and the court shall not be bound by any finding of fact or law on the part of the commissioner, and the burden of proof shall be on the commissioner. The same shall proceed, be tried and determined as other chancery suits and appeal therefrom may be taken by any party to the supreme court in the same manner as from other chancery suits. Any party to such suit may introduce original evidence in addition to the transcript of evidence taken before the commissioner. The said circuit court in chancery is hereby given jurisdiction of such suits and empowered to affirm, modify, vacate, or set aside the order of the commissioner in whole or in part and to make such other order or decree as the court shall decide to be proper and in accordance with the facts and the law. In all actions and proceedings in court arising under this section of this act, all process shall be served and the practice and rules of evidence shall be the same as in actions in equity except as otherwise herein provided.
History: 1939, Act 21, Eff. Sept. 29, 1939 ;-- CL 1948, 493.24 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

Michigan Compiled Laws

Chapter 493 - Regulatory Loans

Act 21 of 1939 - Regulatory Loan Act (493.1 - 493.26)

Section 493.1 - Short Title; Definitions.

Section 493.1a - Repealed. 2001, Act 270, Imd. Eff. Jan. 11, 2002.

Section 493.2 - Business of Making Loans; License Required; Application for License; Oath; Form and Contents; Fees; Proof of Net Worth.

Section 493.3 - Licenses; Bond of Applicant; Approval; Conditions.

Section 493.4 - Investigation; Findings; Issuance or Denial of License; Notice; Transcript of Decision and Findings.

Section 493.5 - Licenses; Contents; Posting; Transfer; Assignment.

Section 493.6 - Net Worth; Additional Bond; Filing.

Section 493.7 - Changing Name or Place of Business; Procedure; Activities at More Than 1 Place of Business; Ceasing to Engage in Activities Subject to Act.

Section 493.8 - Annual Establishment of Fees Schedule; Bond; Action for Recovery of Fees or Penalties; Fees Nonrefundable; Report; Disposition and Use of Money Received.

Section 493.9 - Revocation, Suspension, or Surrender of License; Reinstatement or Issuance of New License; Transcript of Order.

Section 493.9a - Cease and Desist Order; Grounds; Notice; Failure to Appear at Hearing; Findings; Effective Date and Duration of Order.

Section 493.9b - Investigation or Examination by Commissioner; Complaint or Action; Suspension of License; Request for Hearing; Duration of Suspension.

Section 493.9c - Fraud.

Section 493.9d - Hearing; Decision; Findings; Judicial Review; Stay.

Section 493.9e - Enforcement of Order; Jurisdiction.

Section 493.9f - Violation as Misdemeanor; Penalty.

Section 493.9g - Violation of Order; Exceptions.

Section 493.10 - Commissioner of State Banking Department; Authority to Investigate Business and Examine Records; Witnesses; Examination of Licensee; Construction of Section; Disposition of Fees.

Section 493.11 - Books, Accounts, and Records of Licensee; Preservation and Accessibility; Filing Financial Statement With Commissioner; Reports.

Section 493.12 - Statements or Representations by Licensee; Lien on Real Estate; Confession of Judgment or Power of Attorney Prohibited; Note or Evidence of Indebtedness; Blanks; Discrimination on Basis of Sex or Marital Status Prohibited; Knowingly...

Section 493.12a - False, Misleading, Deceptive, or Irresponsible Advertising Unlawful; Definition; Requirements for Advertising.

Section 493.12b - Repealed. 1991, Act 14, Eff. Oct. 1, 1991.

Section 493.12c - False, Misleading, Deceptive, or Irresponsible Advertising; Report to Attorney General; Action to Restrain by Temporary or Permanent Injunction; Costs; Civil Penalty; Notice to Licensee; Assurance of Discontinuance; Violation Subjec...

Section 493.12d - Action to Enjoin Licensee From Advertising; Circuit Court.

Section 493.13 - Limitation on Amount of Loan and Interest Charge; Obligation Under More Than 1 Loan Contract; Computation and Payment of Charges; Loan Processing Fee; Fees; Amount Other Than or in Excess of Charges Permitted by Act; Penalties; “Open...

Section 493.13a - Credit Life Insurance; Other Insurance.

Section 493.14 - Licensee; Duties.

Section 493.14a - Compliance With Federal Consumer Credit Protection Act.

Section 493.15 - Contract in Compliance With Retail Installment Sales Act or Home Improvement Finance Act.

Section 493.15a - Regulatory Loan Contract; Nonperformance by Borrower; Advances by Licensee; Termination of Insurance Upon Reinstatement of Contractual Duties by Borrower.

Section 493.16 - Repealed. 1978, Act 528, Eff. Mar. 30, 1979.

Section 493.17 - Assignment or Order for Payment of Compensation to Secure Loan Invalid; Validity of Chattel Mortgage or Lien on Household Goods; Married Borrower; Signatures; Written Assent of Spouse.

Section 493.18 - Unlicensed Persons; Limitation on Interest, Discount, or Consideration; Applicability of Act to Loans Made in Another State or Country.

Section 493.19 - Violation as Misdemeanor; Penalty.

Section 493.20 - Businesses Exempt From Act.

Section 493.21 - Enforcement of Act; Rules.

Section 493.22 - Amendments or Repeals of Act; Impairment of Obligation.

Section 493.23 - Repealed. 1991, Act 14, Eff. Oct. 1, 1991.

Section 493.24 - Review of Decisions and Regulations; Limitations; Method; Jurisdiction of Courts.

Section 493.25 - Repealed. 2001, Act 270, Imd. Eff. Jan. 11, 2002.

Section 493.26 - Repealed. 1991, Act 14, Eff. Oct. 1, 1991.