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.