# Mich. Comp. Laws § 333.16233: Investigation; order to cease and desist; hearing; violation of order; summary suspension of license or registration; notice from federal agency

> Michigan · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_MI_C333_AAct-368-of-1978_S333.16233

## Section

- **Citation:** Mich. Comp. Laws § 333.16233
- **Heading:** Investigation; order to cease and desist; hearing; violation of order; summary suspension of license or registration; notice from federal agency
- **Jurisdiction:** Michigan
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.16233

## Text

Sec. 16233.

(1) The department may conduct an investigation necessary to administer and enforce this article. Investigations may include written, oral, or practical tests of a licensee's or registrant's competency. The department may establish a special paralegal unit to assist the department.

(2) The department may order an individual to cease and desist from a violation of this article, article 7, or article 8 or a rule promulgated under this article, article 7, or article 8.

(3) An individual ordered to cease and desist under subsection (2) is entitled to a hearing before a hearings examiner if the individual files a written request for a hearing within 30 days after the effective date of the cease and desist order. The department shall subsequently present the notice, if any, of the individual's failure to respond to a complaint, or attend or be represented at a hearing as described in sections 16231 and 16231a, or the recommended findings of fact and conclusions of law to the appropriate disciplinary subcommittee to determine whether the order is to remain in effect or be dissolved.

(4) Upon a violation of a cease and desist order issued under subsection (2), the department of attorney general may apply in the circuit court to restrain and enjoin, temporarily or permanently, an individual from further violating the cease and desist order.

(5) After consultation with the chair of the appropriate board or task force or his or her designee, the department may summarily suspend a license or registration if the public health, safety, or welfare requires emergency action in accordance with section 92 of the administrative procedures act of 1969, MCL 24.292. If a licensee or registrant is convicted of a felony; a misdemeanor punishable by imprisonment for a maximum term of 2 years; or a misdemeanor involving the illegal delivery, possession, or use of a controlled substance, the department shall find that the public health, safety, or welfare requires emergency action and, in accordance with section 92 of the administrative procedures act of 1969, MCL 24.292, shall summarily suspend the licensee's license or the registrant's registration. If a licensee or registrant is convicted of a misdemeanor involving the illegal delivery, possession, or use of alcohol that adversely affects the licensee's ability to practice in a safe and competent manner, the department may find that the public health, safety, or welfare requires emergency action and, in accordance with section 92 of the administrative procedures act of 1969, MCL 24.292, may summarily suspend the licensee's license or the registrant's registration.

(6) The department may summarily suspend a pharmacy license if the department has received a notice from the United States food and drug administration or the centers for disease control and prevention that there is an imminent risk to the public health, safety, or welfare and emergency action in accordance with section 92 of the administrative procedures act of 1969, MCL 24.292, is appropriate. A suspension under this subsection remains in effect for the duration of the emergency situation that poses a risk to the public health, safety, or welfare. Notwithstanding any provision of this act to the contrary, the department is not required to conduct an investigation or consult with the board of pharmacy to take emergency action under this subsection.

History: 1978, Act 368, Eff. Sept. 30, 1978; Am. 1986, Act 174, Imd. Eff. July 7, 1986; Am. 1993, Act 79, Eff. Apr. 1, 1994; Am. 1995, Act 196, Imd. Eff. Nov. 22, 1995; Am. 2010, Act 382, Imd. Eff. Dec. 22, 2010; Am. 2013, Act 268, Imd. Eff. Dec. 30, 2013; Am. 2014, Act 280, Eff. Sept. 30, 2014

## Nearby sections

- [Mich. Comp. Laws § 333.1115 Controlling provisions.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C333_AAct-368-of-1978_S333.1115.md)
- [Mich. Comp. Laws § 333.1201 Delaying promulgation of new rules.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C333_AAct-368-of-1978_S333.1201.md)
- [Mich. Comp. Laws § 333.1291 Obstruction of person enforcing health law.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C333_AAct-368-of-1978_S333.1291.md)
- [Mich. Comp. Laws § 333.2201 Department of public health and office of director of public health continued.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C333_AAct-368-of-1978_S333.2201.md)
- [Mich. Comp. Laws § 333.2205 Assignment, vesting, and exercise of functions; internal organization of department; allocation and reallocation of duties and functions.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C333_AAct-368-of-1978_S333.2205.md)
- [Mich. Comp. Laws § 333.2210 Public health advisory council; powers and duties generally.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C333_AAct-368-of-1978_S333.2210.md)
- [Mich. Comp. Laws § 333.2211 Coordination between local health departments and local health planning agencies; review; annual assessment; information.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C333_AAct-368-of-1978_S333.2211.md)
- [Mich. Comp. Laws § 333.2235 Local health department; authorization to exercise power or function; primary organization as to services and programs; exceptions; summary reports.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C333_AAct-368-of-1978_S333.2235.md)
- [Mich. Comp. Laws § 333.2241 Inspection or investigation to assure compliance; application for warrant.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C333_AAct-368-of-1978_S333.2241.md)
- [Mich. Comp. Laws § 333.2242 Warrant; affidavit required for issuance.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C333_AAct-368-of-1978_S333.2242.md)
- [Mich. Comp. Laws § 333.2301 Identification of priority health problems; preparation and basis of proposed list of basic health services.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C333_AAct-368-of-1978_S333.2301.md)
- [Mich. Comp. Laws § 333.2403 Definitions; A to D.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C333_AAct-368-of-1978_S333.2403.md)
- [Mich. Comp. Laws § 333.2415 Creation of district health department; composition of district board of health.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C333_AAct-368-of-1978_S333.2415.md)
- [Mich. Comp. Laws § 333.2422 Selection of option by city; notice of intent.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C333_AAct-368-of-1978_S333.2422.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MI_C333_AAct-368-of-1978_S333.16233. Check the current official text before relying on it. Not legal advice.
