P&CMIhard
DIFS believes a producer is currently misappropriating premium trust funds. May the Director issue a cease and desist order BEFORE a full evidentiary hearing?
Yes — the Director may issue a summary order, followed by prompt post-issuance hearing rights
BNo — Michigan law forbids any order without a prior evidentiary hearing in every circumstance
COnly with prior written approval of both the Attorney General and the Governor
DOnly if the producer voluntarily consents in a signed writing before issuance
Why this is the answer
Under MCL 500.1242 and MI APA procedures, when there is reason to believe immediate enforcement action is needed to protect the public, the Director may issue a summary (emergency) order. The respondent is then entitled to a prompt post-issuance hearing.
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