Penalties.

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Sec. 11.

(1) A person who violates this act or a rule promulgated under this act is subject to a fine of not more than $10,000.00 for each violation for each day that the violation persists, except that the maximum civil penalty shall not exceed $500,000.00 for any related series of violations.

(2) In determining the amount of the fine, the commission shall consider all of the following:

(a) The effect on the ability of the person charged to continue in business.

(b) The nature, circumstances, and gravity of the violation.

(c) Any good faith effort by the person charged to comply with the requirements of this act.

(d) The degree of culpability of the person charged.

(e) The history of prior violations of the person charged.

(f) The ability of the person charged to pay.

(g) Other matters as justice may require.

(3) The amount of the penalty stipulated may be deducted from a sum the state owes the person charged or may be recovered in a civil action in the Ingham county circuit court.

(4) A person who willfully and knowingly defaces, damages, removes, or destroys a pipeline sign or right-of-way marker required by this act is guilty of a misdemeanor punishable by imprisonment for not more than 1 year, or by a fine of not more than $5,000.00, or both, for each offense.

History: 1969, Act 165, Imd. Eff. Aug. 5, 1969 ;-- Am. 1992, Act 11, Imd. Eff. Mar. 10, 1992
Admin Rule: R 460.2301 et seq. of the Michigan Administrative Code.


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