Refusal, Suspension, or Revocation of License; Hearing; Notice, Decision; Appeal; Causes for Refusal, Suspension, or Revocation.

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Sec. 4.

If a person fails or refuses to comply with this act, the department may refuse to issue a license or may suspend or revoke the license held by the licensee. Before refusing, suspending, or revoking the license, the department shall give written notice of a hearing to be had thereon to the licensee affected. The notice shall appoint a time of hearing at the department and shall be mailed by certified or registered mail to the licensee. On the day of the hearing, the licensee may present evidence to the director as he or she considers appropriate regarding the violations charged, and after the hearing the director shall render a decision. A licensee who feels aggrieved at the decision of the director may appeal the decision within 10 days to the circuit court of the county where the licensee resides. The following reasons are cause for refusal to issue a license or for the suspension or revocation of a license:

(a) The applicant or licensee has failed to pay in full any amounts due on livestock purchased, or has violated the laws of the state or rules promulgated by the director governing the interstate or intrastate movement, shipment, or transportation of animals.

(b) There have been intentionally false or misleading statements to the purchaser concerning the identity or the physical condition of an animal, any test intended to establish the health status of an animal; or as to the ownership of an animal, the quantity of animals, or other matter in connection with the buying, receiving, selling, exchanging, soliciting, or negotiating the sale, resale, exchange, transport, transfer, weighing, or shipment of animals.

(c) The licensee has engaged in buying or receiving animals, or receiving, selling, exchanging, soliciting, or negotiating the sale, resale, exchange, transport, or transfer of animals that do not comply with official identification, testing, permitting, or intrastate or interstate animal movement requirements under the animal industry act, 1988 PA 466, MCL 287.701 to 287.746.

(d) The licensee has failed to practice measures of sanitation, disinfection, dead animal disposal as required in 1982 PA 239, MCL 287.651 to 287.683, bodies of dead animals, animal handling, or inspection as required by this act, related to the premises or vehicles used for the stabling or transportation of animals.

(e) There has been a failure or refusal on the part of the licensee, upon the request of the department, to produce records required under this act.

History: 1937, Act 284, Imd. Eff. July 23, 1937 ;-- CL 1948, 287.124 ;-- Am. 1957, Act 290, Eff. Sept. 27, 1957 ;-- Am. 2012, Act 317, Imd. Eff. Oct. 1, 2012


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