HB-5160, As Passed Senate, June 8, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 5160

     A bill to amend 1975 PA 153, entitled

"An act to require certain purchasers of fruits and vegetables to

deduct and remit marketing fees if authorized by a grower-member of

a cooperative marketing association; to prescribe the powers and

duties of certain state agencies; and to prescribe means of

enforcement and penalties,"

by amending section 2 (MCL 290.692).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 2. (1) For the purpose of enforcing this act, the

department of agriculture may receive sworn complaints with respect

to violations or threatened violations  thereof  of this act. The

director of the department of agriculture, or his or her authorized

representatives, shall make all necessary investigations,

examinations, or inspections of violations or threatened violations

specified in the sworn complaint filed with the department.

     (2)  An  The department of agriculture shall complete an

investigation  shall be completed within 30 days after the filing

of the complaint.

     (3) If, upon investigation, the director of the department of

agriculture considers there is reasonable cause to believe that a

violation of this act has occurred, the director or his or her

authorized representative shall, within 75 days after the filing of

the complaint,  hold  provide notice and opportunity for a hearing

in accordance with Act No. 306 of the Public Acts of 1969, as

amended, being sections 24.201 to 24.315 of the Michigan Compiled

Laws  under the administrative procedures act of 1969, 1969 PA 306,

MCL 24.201 to 24.328, to determine whether a purchaser has failed

to comply with this act.

     (4) A hearing officer designated by the director of the

department of agriculture  state office of administrative hearings

and rules shall preside at the hearing  ,  and may administer oaths

, and require the attendance of witnesses  ,  and the production

of such books, papers, contracts, agreements, and documents as  may

be deemed  are considered material to a just determination of the

issues in dispute, and for that purpose may issue subpoenas. If a

person refuses to obey a subpoena  ,  or refuses to be sworn or to

testify  ,  or if a witness, party, or attorney is guilty of

contempt while in attendance at a hearing, the hearing officer may,

or the attorney general if requested shall, invoke the aid of the

circuit court within the jurisdiction in which the hearing is being

held  which shall  to issue an appropriate order. Failure to obey

the order may be punished by the court as contempt.

     (5) The department  shall  may promulgate rules pursuant to

Act No. 306 of the Public Acts of 1969, as amended, to implement

this act  the administrative procedures act of 1969, 1969 PA 306,

MCL 24.201 to 24.328.