2019 Michigan Compiled Laws
Chapter 554 - Real and Personal Property
Act 448 of 2014 Continuing Care Community Disclosure Act (554.901 - 554.993)
Section 554.975 Civil Fine; Costs; Sanctions; Continuing Care Agreement as Voidable; Refund.
Sec. 75.
(1) If the director of the department finds that a person violated this act or a rule promulgated or order issued under this act, after an opportunity for an evidentiary hearing under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, the director may order the person to pay a civil fine of not less than $1,000.00 or more than $50,000.00. The director may also order the respondent to pay the costs of the investigation.
(2) After providing an opportunity for a contested case hearing under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, the department may impose any of the following sanctions on a person that violates this act or a rule promulgated or order issued under this act:
(a) If the person is registered under this act, an administrative fine of not more than $10,000.00 for each violation.
(b) A requirement that restitution be made. The registration of the person required to make the restitution may be suspended until the restitution is made.
(3) If a continuing care agreement does not comply with the requirements of this act, the continuing care agreement is voidable. If the agreement is voided, the continuing care community shall refund to the member the amount that the member paid when the continuing care agreement was entered into.
History: 2014, Act 448, Eff. Apr. 2, 2015
