§ 205.425. Failure to comply with act; suspension, revocation, or refusal to issue or renew license; hearing.
Sec. 5. (1) The department may suspend, revoke, or refuse to
issue or renew a license issued under this act for failure to comply with
this act or for any other good cause. A person whose license is
suspended, revoked, or not renewed shall not act as a stamping agent or
acquire a stamp from the department or any other person, or sell a tobacco
product during the period of suspension or revocation, or until the license
(2) If a person who is a manufacturer, wholesaler, or unclassified acquirer licensed under this act is convicted of a felony under any provision of this act, the department shall revoke any license issued under this act to that person.
(3) Before the department suspends, revokes, or refuses to renew a license under this act, the department shall notify the person of its intent to hold a hearing before a representative of the commissioner for purposes of determining whether to suspend, revoke, or refuse to renew a license at least 14 days before the scheduled hearing date.
(4) A person aggrieved by the suspension, revocation, or refusal to issue or renew a license may apply to the revenue division of the department for a hearing within 20 days after notice of the suspension, revocation, or refusal to issue or renew the license. A hearing shall be had in the same manner provided in section 21 of 1941 PA 122, MCL 205.21 . The decision in case of suspension, revocation, or refusal to renew shall be issued within 45 days of receipt of the request for hearing.
§ 205.425a. Procurement of stamps; designs, denominations, and forms; request for proposal.
Sec. 5a. (1) The department shall procure stamps as needed in
the various designs, denominations, and forms necessary as determined
by the department. The department shall pay for the stamps.
(2) Not later than 45 days after the effective date of the amendatory act that added this subsection, 1 the department shall issue a request for proposal to acquire and use digital stamps that contain a unique nonrepeating code that can be read by a device that identifies the taxed product and also contain other security and enforcement features as determined by the department. The request for proposal shall include a provision that requires the successful bidder on the proposal to share digital stamp technology so that handheld devices, including, but not limited to, smartphones, can be readily utilized in furtherance of the implementation of the use of digital stamps and so that the technology and equipment used by the stamping agents to affix the stamp to the product can be supplied, as may be permitted by the department, by the successful bidder on the proposal or by any other providers. The request for proposal shall also include a provision permitting the department to manage or restrict access rights to all or part of the information contained within, or accessible from, the stamps and a provision requiring the successful bidder on the proposal to guarantee that the stamps will be designed and manufactured to ensure that stamps can be affixed to individual packages of cigarettes in accordance with the requirements under section 6a(2).
§ 205.425b. Advising stamping agents of license suspension, revocation, nonrenewal, or reinstatement; disclosure of information.
Sec. 5b. The department shall advise all stamping agents of all persons licensed under this act and any manufacturer, wholesaler, secondary wholesaler, unclassified acquirer, or other person whose license is suspended, revoked, or not renewed under this act. The department shall advise all stamping agents of any person whose license is reinstated. A stamping agent shall not disclose licensing information provided to the agent by the department. The department may disclose whether a person holds a license under this act.