Authority of District Court Magistrate; Special Training Course in Traffic Law and Sanctions; Limitation on Authority.

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Sec. 8512.

(1) A district court magistrate may hear and preside over civil infraction admissions, admissions with explanation, motions to set aside default or withdraw admissions, and conduct informal hearings in civil infraction actions under section 746 of the Michigan vehicle code, 1949 PA 300, MCL 257.746, or section 8719 or section 8819 of this act, as applicable. In exercising the authority conferred by this subsection, a district court magistrate may administer oaths, examine witnesses, and make findings of fact and conclusions of law. If a defendant is determined to be responsible for a civil infraction, the district court magistrate may impose the civil sanctions authorized by section 907 of the Michigan vehicle code, 1949 PA 300, MCL 257.907, or section 8827 of this act, as applicable.

(2) A district court magistrate shall not conduct an informal hearing in a civil infraction action involving a traffic or parking violation governed by the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, until he or she has successfully completed a special training course in traffic law adjudication and sanctions. The course shall be given periodically by the state court administrator.

(3) A district court magistrate may exercise the authority conferred by this section only to the extent expressly authorized by the chief judge, presiding judge, or only judge of the district court district.

History: Add. 1978, Act 511, Eff. Aug. 1, 1979 ;-- Am. 1984, Act 278, Eff. Jan. 1, 1985 ;-- Am. 1994, Act 12, Eff. May 1, 1994 ;-- Am. 1995, Act 54, Eff. Jan. 1, 1996 ;-- Am. 2014, Act 384, Imd. Eff. Dec. 18, 2014


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