Sec. 71.
(1) Subject to subsection (2), if the department determines that a person has engaged, is engaging, or is about to engage in an act, practice, or course of business constituting a violation of this act or a rule promulgated or order issued under this act, or that a person has materially aided, is materially aiding, or is about to materially aid an act, practice, or course of business constituting such a violation, the department may issue an order directing the person to cease and desist from engaging in the act, practice, or course of business or to take other action necessary to comply with this act.
(2) Before issuing an order under subsection (1), the department shall notify the person. 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 receipt of the request, unless the person consents to a later date. If a hearing is not timely requested, the department shall issue an order under subsection (1). If a hearing is timely requested, 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 a cease and desist order or find that a violation has not occurred.
(3) A person that knowingly authorizes, directs, or aids in violation of a final cease and desist order, or who knowingly fails to comply with the terms of a final cease and desist order, may be fined not more than $10,000.00.
History: 2014, Act 448, Eff. Apr. 2, 2015
Structure 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 554.921 - 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 554.929 - Extension of Registration; Requirements; Fees.
Section 554.933 - Reportable Changes; Amendment of Registration.
Section 554.937 - Disclosure Statement.
Section 554.939 - Continuing Care Agreement; Requirements.
Section 554.941 - Financial Statements; Requirements.
Section 554.943 - Financial Forecast.
Section 554.947 - 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 554.983 - Statute of Limitations.
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.