September 13, 2005, Introduced by Reps. Sheltrown, Mayes and Spade and referred to the Committee on Agriculture.
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 promulgate rules pursuant to Act No.
306
of the Public Acts of 1969, as amended, to implement this act.