(g) Provide additional assistance if necessary as required under section 7(5) of the act, MCL
460.727(5).
(h) Respond to a damage notice or emergency notice as required under section 7(6) and (7) of
the act, MCL 460.727(6) and (7).
(i) Construct new facilities after April 1, 2014 in a manner that allows their detection as
required under section 7(8) of the act, MCL 460.727(8).
(2) An excavator shall do all of the following:
(a) Provide a dig notice to the notification system as required under section 5(1) and (2) of the
act, MCL 460.725(1) and (2).
(b) Expose all facilities prior to blasting or excavating as required under section 5(5) of the act,
MCL 460.725(5).
(c) Support or brace facilities as required under section 5(6) of the act, MCL 460.725(6).
(d) Provide notice, immediate additional notice, or emergency notice if necessary as required
under section 5(7) to (12) of the act, MCL 460.725(7) to (12)
(e) Take reasonable protective measures in the event of facility damage as required under
section 5(11) of the act, MCL 460.725(11).
(f) Provide white lining if necessary in advance of submitting a ticket to a facility owner or
facility operator as required under section 5(13) of the act, MCL 460.725(13).
History: 2016 AACS.
R 460.17 Complaint against person other than governmental agency.
Rule 17. (1) A person or the commission may initiate a complaint against a person, other than a
governmental agency, alleging a violation of the act.
(2) Before filing a complaint, the complainant shall make a good faith attempt to settle the
dispute with the respondent using any reasonable means of resolution acceptable to the involved
parties.
(3) If the dispute is not settled, the complainant may complete and file the electronic complaint
with the user instructions.
R 460.20 Initial commission determination of violation by person other than governmental
agency.
Rule 20. (1) Upon receipt of a complaint concerning a person, other than a governmental
agency, the commission shall review the complaint and any attached documentation and shall
conduct any investigation the commission finds necessary to determine whether a violation of
the act has occurred.
(2) If the commission determines that no violation of the act has occurred, the commission
shall notify the complainant of this finding.
(3) After review of the complaint and any investigation, if the commission determines that a
violation of the act has occurred, the commission shall notify the complainant and the respondent
by first-class mail in a letter of notification of violation.
(4) The letter of notification of violation shall include a brief statement of the facts, a statement
of the alleged violation of the act, the section of the law that was allegedly violated, any
proposed civil fine, and the due date for the payment of the fine. A civil fine shall not exceed
$5,000.00 per violation.
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