Compliance With Act; Investigation by Director; Inspection; Copies of Records; Failure or Refusal to Obey Subpoena or Court Order; Contempt; Complaint Closed to Public Inspection.

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Sec. 8.

(1) Beginning January 1, 2021, the director, upon the director's own motion or upon the recommendation of an independent auditor under section 5(2), may make an investigation necessary to determine compliance with this act.

(2) For an inspection under subsection (1), the director must have free and unimpeded access during regular business hours, either upon consent of the owner or upon obtaining an administrative search warrant, to inspect any records required to be kept pursuant to this act.

(3) The director may make copies of any records inspected under subsection (2).

(4) The director may do 1 or more of the following:

(a) Administer oaths.

(b) Take statements.

(c) Issue subpoenas to compel the attendance of witnesses.

(d) Issue subpoenas for the production of any books, memoranda, papers, or other documents, articles, or instruments.

(5) Upon failure or refusal of any person to obey a subpoena issued under subsection (4), the director may petition the district court to enter an order compelling that person to comply with the subpoena.

(6) Failure to obey an order of the court entered under subsection (5) may be punishable as contempt of court.

(7) A complaint made to the director and the results of the director's investigations must be closed to public inspection unless disclosed pursuant to court order, during the investigatory period and until the complaint is dismissed or the notice of hearing and charges are served.

History: 2018, Act 94, Eff. June 24, 2018


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