DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES  
BUREAU OF SAFETY AND REGULATION  
OCCUPATIONAL HEALTH STANDARDS COMMISSION  
ASBESTOS CONTRACTOR LICENSING  
(By authority conferred on the department of public health by section 301 of Act No.  
135 of the Public Acts of 1986, being S338.3301 of the Michigan Compiled Laws)  
R 325.3551 Definitions.  
Rule 1. As used in these rules:  
(a) "Act" means Act No. 135 of the Public Acts of 1986, being S338.3101 et seq. of  
the Michigan Compiled Laws, and known as the asbestos abatement contractors licensing  
act.  
(b) "Citation" means a written communication issued by the department to an  
employer pursuant to section 307 of the act.  
(c) "Director" means the director of the department of public health or his or her  
designee.  
(d) "Employee" means a person permitted to work by an employer.  
(e) "Employer" means an individual or organization, including the state or a  
political subdivision thereof, which employs 1 or more persons.  
(f) "Establishment" means a single physical location where business is conducted  
or where services or operations are performed.  
(g) "Inspection" means the examination or survey of an establishment to determine  
compliance with the act or rules promulgated, or orders issued, pursuant to the act.  
History: 1988 AACS.  
R 325.3553 Licenses.  
Rule 3. The department shall issue, deny, renew, and revoke licenses pursuant to  
sections 205, 207, 209, 211, 213, 215, 217, 219, and 305 of the act and in accordance  
with and subject to Act No. 306 of the Public Acts of 1969, as amended, being S24.201  
et seq. of the Michigan Compiled Laws.  
History: 1988 AACS.  
R 325.3555 Authority for inspection.  
Rule 5. (1) A department representative, upon presenting appropriate credentials,  
may enter, at all reasonable times, any asbestos abatement project to inspect any such  
project and all pertinent conditions; to question privately any asbestos abatement  
contractor, employer, owner, operator, agent, construction contractor, construction  
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subcontractor, or employee; and to review records required by the act and these rules  
and other records which are directly related to the purpose of the inspection.  
(2) Before inspecting areas containing information which is classified by an agency  
of the federal government in the interest of national security, department  
representatives shall obtain the appropriate security clearance.  
History: 1988 AACS.  
R 325.3557 Objection to inspection.  
Rule 7. (1) Upon a refusal to permit a department representative, in the exercise of  
his or her official duties, to enter any establishment to inspect, to review records, or  
to question any asbestos abatement contractor, employer, owner, operator, agent,  
construction contractor,  
construction subcontractor, or employee, pursuant to R 325.3555, the department  
representative shall terminate the inspection or confine the inspection to the areas to  
which there is no objection.  
(2) A department representative shall endeavor to determine the reason for refusal  
to enter and shall immediately report the refusal and the reason therefor to the  
director. The director shall take appropriate action and, if necessary, apply to the  
proper judicial officer for a warrant commanding the sheriff or a peace officer to aid  
the department in the conduct of an inspection.  
History: 1988 AACS.  
R 325.3559 Entry not waiver.  
Rule 9. Permission to enter, inspect, review records, or question a person shall  
not imply, or be conditioned upon, a waiver of any cause or action, citation, or penalty  
under the act. A department representative shall not grant a waiver.  
History: 1988 AACS.  
R 325.3561 Conduct of inspection.  
Rule 11. (1) Subject to the provisions of R 325.3555, an inspection shall take  
place at such times and in such places of employment as the department director or his  
or her designee may direct. At the beginning of an inspection, the department  
representative shall present his or her credentials to the asbestos abatement  
contractor, employer, owner, operator, agent, construction contractor, or construction  
subcontractor in charge of the establishment, explain the nature and purpose of the  
inspection, and generally indicate the scope of the inspection and the records specified  
in R 325.3555 which he or she wishes to review. A designation of records shall not  
preclude access to additional records as specified in R 325.3555.  
(2) A department representative may take air, environmental, and material  
samples, take or obtain photographs related to the purpose of the inspection, employ  
other reasonable investigative techniques, and question privately any asbestos abatement  
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contractor, employer, owner, operator, agent, construction contractor, construction  
subcontractor, or employee.  
(3) In taking photographs and samples, a department representative shall take  
reasonable precautions to insure that any actions with flash equipment or spark-  
producing or other equipment are not hazardous. The department representative shall  
comply with all employer safety and health rules and practices at the establishment being  
inspected and shall wear and use appropriate protective clothing and equipment.  
(4) The conduct of inspections shall not cause unreasonable disruption of the  
operations of the employer's establishment.  
(5) Following the completion of an inspection by the department  
representative, an opportunity for a conference shall be afforded the asbestos  
abatement contractor or his or her representative to informally advise the contractor or  
his or her representative of any apparent violations disclosed by the inspection.  
During the conference, the asbestos abatement contractor shall be afforded an  
opportunity to bring to the attention of the department representative any information  
regarding conditions in the workplace pertinent to any apparent violations.  
History: 1988 AACS.  
R 325.3563 Trade secrets.  
Rule 13. (1) Information reported to, or otherwise obtained by, a department  
representative in connection with an inspection or proceeding under the act which  
contains, or which might reveal, a trade secret shall be considered confidential. The  
information may be disclosed only to another department representative concerned  
with carrying out his or her responsibilities under the act or when relevant in any  
proceeding under the act. In any proceeding, the department shall issue such orders as  
may be appropriate to protect the confidentiality of trade secrets.  
(2) Information which contains, or which might reveal, a trade secret shall not be  
subject to public inspection and copying.  
(3) At the commencement of an inspection, an asbestos abatement contractor  
or employer may identify areas in the establishment which contain, or which might  
reveal, a trade secret. If the department representative has no clear reason to  
question the identification, information obtained in those areas, including all negatives  
and prints of photographs and environmental samples, shall be labeled  
"confidential--trade secret" and shall not be disclosed.  
History: 1988 AACS.  
R 325.3565 Initiation of inspections.  
Rule 15. The department may investigate practices of an asbestos abatement  
contractor based upon its own discretion, a recommendation by the board, or upon  
written complaint of an aggrieved party pursuant to section 305 of the act.  
History: 1988 AACS.  
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R 325.3567 Citations.  
Rule 17. (1) If the department representative believes that an asbestos abatement  
contractor has violated a requirement of the act or any rule promulgated, or order  
issued, pursuant to the act, he or she shall issue a  
citation in person or by registered mail to the asbestos abatement contractor. An  
appropriate citation shall be issued even though, after being informed of an alleged  
violation by the department representative, the asbestos abatement contractor  
immediately abates, or initiates steps  
to abate, the alleged violation. A citation shall be issued with reasonable  
promptness after termination of the inspection. A citation shall not be issued under  
this rule after the expiration of 90 days from the completion of the physical inspection  
of the establishment.  
(2) A citation shall be in writing and describe with particularity the nature of the  
alleged violation, including a reference to the provision of the act, standard, rule,  
regulation, or order alleged to have been violated. The citation shall also state the  
civil penalty, if any, and the right to appeal the citation pursuant to section 309 of the act.  
(3) A citation shall contain, on its face, a statement that it is an allegation of a  
violation. The issuance of a citation shall not constitute a finding that a violation of the  
act has occurred, unless there is a failure to appeal to the department for an  
administrative hearing or, if appealed to the department, unless the citation is  
affirmed by the director.  
History: 1988 AACS.  
R 325.3569 Civil penalties.  
Rule 19. (1) Concurrent with the issuance of a citation, the department shall notify  
the asbestos abatement contractor of the proposed penalty as provided by section 307 of  
the act or that no penalty is being proposed. The notice of the proposed penalty shall  
include statements informing the asbestos abatement contractor that the proposed  
penalty shall become a final order of the department unless, within 20 days from the  
date of receipt of the notice, the asbestos abatement contractor notifies the  
department, in writing, that he or she intends to appeal the citation or the proposed  
penalty. Payment of the penalty shall be made to the department, payable to the  
state of Michigan, within 5 working days of the date the penalty becomes a final order.  
(2) The department shall determine the amount of a proposed penalty, pursuant to  
section 307 of the act, giving due consideration to the appropriateness of the penalty  
with respect to the nature, circumstances, extent, and gravity of the violation or  
violations and, with respect to the violator, ability to pay, effect on ability to  
continue to do business, any history of prior such violations, and degree of culpability,  
and such other matters as justice may require.  
History: 1988 AACS.  
R 325.3571 Appeals.  
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Rule 21. (1) An alleged violator may petition the department for an  
administrative hearing pursuant to section 309 of the act and Act No. 306 of the Public  
Acts of 1969, as amended, being S24.201 et seq. of the Michigan Compiled Laws.  
After the administrative hearing, the director may affirm, dismiss, or modify the citation.  
(2) An alleged violator aggrieved by a decision of the department may petition the  
circuit court of the county in which the violation was alleged to have occurred for  
review. This petition shall be filed within 60 days of the director's final decision.  
History: 1988 AACS.  
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