Michigan Compiled Laws
Act 448 of 2014 - Continuing Care Community Disclosure Act (554.901 - 554.993)
Section 554.969 - Order Denying, Suspending, or Revoking Registration.

Sec. 69.
(1) The department may issue an order denying, suspending, or revoking a registration if it finds that the order is in the public interest and finds 1 or more of the following:
(a) The application for registration or the registration statement in effect is not complete in a material respect or contains a statement that was, in the light of the circumstances under which it was made, false or misleading with respect to a material fact.
(b) The registrant or applicant, or its agent or employee, has violated this act or a rule promulgated or order issued under this act.
(c) The offer and sale of a continuing care agreement is not fair, just, and equitable or has worked or tended to work a fraud or imposition or would so operate, or the terms of the offering would create an unreasonable risk to members as defined by rules.
(d) The registrant's or applicant's method of business includes or would include activities that are illegal where performed.
(e) A person identified in the application is described in section 19(1)(f)(i) or (ii) as a result of an act or omission involving the illegal offering of a continuing care agreement, franchise, or security and the department determines that the involvement of the person in the sale of leases or management of the continuing care community creates an unreasonable risk to members.
(f) The registrant or applicant is the subject of a permanent or temporary injunction entered under a federal or state act, and the injunction is applicable to the offer and sale of a continuing care agreement.
(g) The registrant or applicant has failed to pay the proper fee required by, or fine imposed under, this act.
(h) The registrant has failed to submit an application for renewal of a registration as required under section 25.
(2) Before issuing an order under subsection (1) or section 45(3), the department shall notify the registrant or applicant by registered or certified mail. The notice shall include the proposed order, the reasons for the proposed order, and a statement that, if a hearing is requested in writing within 15 days after issuance of the notice of intent, a hearing will be conducted on the matter within 45 days after the receipt of the request, unless the registrant or applicant consents to a later date. If a hearing is not timely requested by the continuing care community and is not ordered by the department, the department shall issue an order under subsection (1). The order shall remain in effect until it is modified or vacated by the department. If a hearing is timely requested or ordered, the department, after notice and an evidentiary hearing pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, may enter an order under subsection (1), or find that a violation or other condition under which entry of an order is authorized has not occurred.
(3) The department may vacate or modify an order under this section if it finds that the conditions on which it was based have changed or that it is otherwise in the public interest to do so.
History: 2014, Act 448, Eff. Apr. 2, 2015

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 554 - Real and Personal Property

Act 448 of 2014 - Continuing Care Community Disclosure Act (554.901 - 554.993)

Section 554.901 - Short Title.

Section 554.903 - Definitions; a to C.

Section 554.905 - Definitions; D to L.

Section 554.907 - Definitions; M to O.

Section 554.909 - Definitions; P to R.

Section 554.911 - Definitions; S.

Section 554.913 - Continuing Care Community; Organization and Operation; Purpose; Member to Service in Advisory Capacity.

Section 554.915 - Continuing Care Agreement; Registration or Exemption Required; Applicability to Written or Oral Arrangements; Offer or Sale; Conditions; Circumstances.

Section 554.917 - Rules; Exemption; Variance; Area Not Considered Home for the Aged or Adult Foster Care Facility; Relationship Not Subject to Laws Between Landlord and Tenant.

Section 554.919 - Initial Registration; Submission of Information; Missing or Unreliable Information; Cost of Investigation; Deposit of Payment; Registration of 2 or More Retirement Communities as Single Continuing Care Community; Consideration of Op...

Section 554.921 - Incomplete Application; Notification; Order Approving or Denying Registration.

Section 554.923 - Effect of Order Approving or Filing Registration.

Section 554.925 - Renewal of Registration; Application Form to Be Sent by Department.

Section 554.927 - Application for Registration Renewal; Processing; Failure to Submit Application or Fee; Continuation of Current Registration; Failure to File Renewal Application.

Section 554.929 - Extension of Registration; Requirements; Fees.

Section 554.931 - Fees; Continuing Care Administration Fund; Creation; Disposition; Investment; Money Remaining at Close of Fiscal Year; Expenditures.

Section 554.933 - Reportable Changes; Amendment of Registration.

Section 554.935 - Delivery of Continuing Care Agreements, Emergency Plan, and Disclosure Statement; Availability of Feasibility Study.

Section 554.937 - Disclosure Statement.

Section 554.939 - Continuing Care Agreement; Requirements.

Section 554.941 - Financial Statements; Requirements.

Section 554.943 - Financial Forecast.

Section 554.945 - Funds to Be Held in Trust Account; Deposit With Escrow Agent; Conditions; Temporary Suspension Order; Return of Escrowed Funds; Escrow Agreement and Account; Requirements; Release of Funds.

Section 554.947 - Alternative Financial Arrangement.

Section 554.949 - Records; Reports.

Section 554.951 - Advertising or Marketing Communication.

Section 554.955 - Offer or Sale of Continuing Care Agreement; Prohibited Acts.

Section 554.957 - Appointment of Independent Conservator or Guardian.

Section 554.959 - Arbitration.

Section 554.961 - Service of Process; Irrevocable Consent Appointing Department.

Section 554.963 - Investigations.

Section 554.965 - Review and Audit of Documents and Records.

Section 554.967 - Repayment of Entrance Fee; Temporary Suspension.

Section 554.969 - Order Denying, Suspending, or Revoking Registration.

Section 554.971 - Cease and Desist Order.

Section 554.973 - Injunction, Restraining Order, or Writ of Mandamus.

Section 554.975 - Civil Fine; Costs; Sanctions; Continuing Care Agreement as Voidable; Refund.

Section 554.977 - Liability; Offer of Rescission.

Section 554.979 - Liability by Implication; Liability Under Other Statute or Common Law.

Section 554.981 - Person Materially Aiding in Act or Transaction Constituting Violation; Joint and Several Liability.

Section 554.983 - Statute of Limitations.

Section 554.985 - Violation as Felony; Penalty; Seizure and Forfeiture of Proceeds or Instrumentality of Crime.

Section 554.987 - Promulgation of Rules.

Section 554.989 - Disclosure of Filings; Exemption; Confidentiality of Social Security Numbers.

Section 554.991 - Life Interest or Long-Term Lease Agreement Under Former Act.

Section 554.993 - Facility or Person Registered or Exempt Under Former Act.