Section 338.3471 - Violations; penalties; notice of noncompliance; exemption.
MICHIGAN IMMIGRATION CLERICAL ASSISTANT ACT (EXCERPT)
Act 161 of 2004
338.3471 Violations; penalties; notice of noncompliance; exemption.
Sec. 21.
(1) A person who violates this act is guilty of the following:
(a) In the case of a first conviction, a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $1,000.00, or both.
(b) In the case of a second or subsequent conviction, a felony punishable by imprisonment for not more than 2 years or a fine of not more than $10,000.00, or both.
(2) A person injured by an immigration clerical assistant may bring an action in a court of competent jurisdiction for equitable relief or damages, or both. The court shall also grant a prevailing plaintiff reasonable attorney fees and costs and may order removal from the list for at least 5 years or as otherwise ordered by the court.
(3) A person who, upon information and belief, claims a violation of this act has been committed by an immigration clerical assistant may bring an action in a court of competent jurisdiction for equitable relief on behalf of the general public. The court shall award a prevailing plaintiff reasonable attorney fees and costs and may order removal from the list for at least 5 years or as otherwise ordered by the court.
(4) The remedies and penalties in this act are cumulative and use of 1 remedy under this act does not bar the use of any remedy allowed under the Michigan consumer protection act, 1976 PA 331, MCL 445.901 to 445.922, or the use of any other remedy allowed under law.
(5) Notwithstanding any other provision of this section, a first violation of the list requirement of section 7 or bonding requirement of section 15, or both, shall subject the immigration clerical assistant only to a notice of noncompliance issued by the department. The department shall issue the notice of noncompliance promptly, and the notice of noncompliance shall indicate a time period for compliance not to exceed 90 days. A second or subsequent violation of either or both of the requirements described in this subsection shall subject a person to the other provisions of this section.
(6) Upon notification of any kind to the department of an individual acting as an immigration clerical assistant without being placed on the list, failure to comply with the list requirements, or of the failure to be in compliance with the bonding requirement imposed under section 15, the department shall issue a notice of noncompliance to that individual.
(7) As a precondition to the prosecution of an individual under subsection (1) for failure of an individual acting as an immigration clerical assistant to be placed on the list, failure to comply with the list requirements, or for failure to comply with the bonding requirement under section 15, the complainant shall demonstrate that the department had sent a notice of noncompliance to the person alleged to have violated this act.
(8) An immigration clerical assistant that is acting on behalf of a tax-exempt nonprofit organization under section 501(c)(3) of the internal revenue code of 1986 that applies to and is placed on the list and complies with the bonding requirement of section 15 and the service charge requirements of section 11, or an employee or volunteer of such an organization, is exempt from this section.
History: 2004, Act 161, Eff. Oct. 1, 2004