Mich. Comp. Laws § 24.292

License; suspension, revocation, and amendment proceedings; summary suspension.

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ADMINISTRATIVE PROCEDURES ACT OF 1969


Act 306 of 1969


24.292 License; suspension, revocation, and amendment proceedings; summary suspension.

Sec. 92.

    (1) Before beginning proceedings for the suspension, revocation, annulment, withdrawal, recall, cancellation or amendment of a license, an agency shall give notice, personally or by mail, to the licensee of facts or conduct that warrants the intended action. The licensee shall be given an opportunity to show compliance with all lawful requirements for retention of the license except as otherwise provided in any of the following:

    (a) The support and parenting time enforcement act, 1982 PA 295, MCL 552.601 to 552.650.

    (b) The regulated occupation support enforcement act, 1996 PA 236, MCL 338.3431 to 338.3436.

    (c) Section 41309 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.41309.

    (2) If the agency finds that the public health, safety or welfare requires emergency action and incorporates this finding in its order, summary suspension of a license may be ordered effective on the date specified in the order or on service of a certified copy of the order on the licensee, whichever is later, and effective during the proceedings. The proceedings shall be promptly commenced and determined.

History: 1969, Act 306, Eff. July 1, 1970 ;-- Am. 1970, Act 40, Imd. Eff. July 1, 1970 ;-- Am. 1996, Act 237, Eff. Jan. 1, 1997 ;-- Am. 2014, Act 540, Eff. Apr. 15, 2015

PopularName Notes:

Act 306

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APA
Notes of Decisions
Cited in 20 cases, 1976–2018 · leading case: S. Dearborn Envtl. Improvement Ass'n, Inc. v. Dep't of Envtl. Quality
S. Dearborn Envtl. Improvement Ass'n, Inc. v. Dep't of Envtl. Quality (2018) mich · cites it 3× “292 describes instances in which informal proceedings may be used when an agency seeks to suspend, revoke, or amend a license: Before beginning proceedings for the suspension, revocation, annulment, withdrawal, recall, cancellation or amendment of a license, an agency shall give…”
Marrs v. Board of Medicine (1985) mich · cites it 3× “MCL 24.292; MSA 3.560(192), provides in pertinent part: Before the commencement of proceedings for *696 suspension, revocation, annulment, withdrawal, recall, cancellation or amendment of a license, an agency shall give notice, personally or by mail, to the licensee of facts or…”
Palo Group Foster Care, Inc. v. Department of Social Services (1998) michctapp · cites it 2× “In this regard, petitioner argues that it received inadequate preliminary notice of the alleged violations and that it was denied the opportunity to comply, as required by memorandum dop 84-05, which was promulgated to comply with the requirements of § 92 of the apa, MCL 24.”
South Dearborn Environmental Improvement Ass'n v. Department of Environmental Quality (2016) michctapp “This subsection does not affect valid agency action then in effect summarily suspending such license under [MCL 24.292], Here, the issuance of the permit, i.”
Ansell v. Department of Commerce (On Remand) (1997) michctapp “10 m Petitioner also claims that the almost four-year gap between the issuance of the formal complaint and the contested case hearing denied him due process of law.”
Bois Blanc Island Township v. Natural Resources Commission (1987) michctapp · cites it 2× “Further, MCL 24.292; MSA 3.560(192) provides: Before the commencement of proceedings for suspension, revocation, annulment, withdrawal, recall, cancellation or amendment of a license, an agency shall give notice, personally or by mail, to the licensee of facts or conduct which…”
Russo v. Department of Licensing & Regulation (1982) michctapp “1 The summary suspension pending a hearing was issued pursuant to MCL 24.292; MSA 3.560(192) and 1979 AC, R 338.”
Ron’s Last Chance, Inc v. Liquor Control Commission (1983) michctapp “Plaintiff also asserts that the commission, in initiating the license revocation proceedings against plaintiff, failed to comply with the procedures provided in Rule 436.”
Rogers v. State Board of Cosmetology (1976) michctapp “3, in favor of plaintiff, declaring that the defendant failed to provide the proper notices required by § 92 of the Administrative Procedures Act, MCLA 24.292; MSA 3.560(192). The judge reversed defendant’s revocation of plaintiff’s license.”
Michigan Intra-State Motor Tariff Bureau, Inc v. Public Service Commission (1993) michctapp “Appellant further argues it was *389 not afforded the due process protection of MCL 24.292; MSA 3.560(192), § 92 of the Administrative Procedures Act, regarding revocation of licenses.”
Dafter Township v. Reid (1987) michctapp “This subsection does not affect valid agency action then in effect summarily suspending *162 such license under [MCL 24.292; MSA 3.560(192)]. [Emphasis supplied.”
Weber v. Orion Township (1984) michctapp · cites it 2× “MCL 24.292; MSA 3.560(192) states: "Before the commencement of proceedings for suspension, revocation, annulment, withdrawal, recall, cancellation or amendment of a license, an agency shall give notice, personally or by mail, to the licensee of facts or conduct which warrant the…”
— Mich. Comp. Laws § 24.292(1) — 3 cases
S. Dearborn Envtl. Improvement Ass'n, Inc. v. Dep't of Envtl. Quality (2018) mich “292 describes instances in which informal proceedings may be used when an agency seeks to suspend, revoke, or amend a license: Before beginning proceedings for the suspension, revocation, annulment, withdrawal, recall, cancellation or amendment of a license, an agency shall give…”
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