Mich. Admin. Code R. 125.1019 - Investigation; administrative guidelines; finding of invalidity; determination of violation; notice

Rule 19.

(1) Upon receipt of approval from the board to conduct an investigation of a complaint of alleged noncompliance with the barrier free design requirements, the authorized agent shall begin the investigation of the allegations of the complaint.

(2) The board shall formally adopt written administrative guidelines for the conduct of a complaint investigation. The investigation shall be conducted within 15 business days after the receipt of board approval.

(3) A notice shall be sent to the owner of the building, structure, or improved area in question indicating that a complaint has been received and that an investigation will be made. The notice shall indicate the item or items alleged to be not in compliance. The notice shall also indicate the code requirements related to the item or items alleged to be not in compliance.

(4) A report summarizing the findings of the investigation shall be prepared and provided to all parties.

(5) If the investigation made pursuant to subrule (2) of this rule does not disclose a violation of the barrier free design requirements, the report prepared pursuant to subrule (4) of this rule shall include a statement that the complaint is invalid and the rationale for the finding of invalidity, and a notice of the determination of invalidity shall be issued. The file shall remain open for 20 business days from the date of the notice of the determination of invalidity pursuant to R 125.1021, after which the file shall be closed. At the time the notice of the determination of invalidity is issued, the complainant shall be notified of the recourse available pursuant to R 125.1021. The authorized agent shall refer complaints over which jurisdiction is lacking or which are found to be invalid to other agencies when appropriate.

(6) If the investigation made pursuant to subrule (2) of this rule discloses evidence of noncompliance with the act or a rule or an order issued under the act, the report prepared pursuant to subrule (4) of this rule shall include a statement that the complaint is valid and state the items in violation. The authorized agent shall send, by certified mail, a written first notice of violation to the owner of the building, structure, or improved area citing the code section violated and the construction in violation. The other parties shall receive copies of the notice. The notice shall inform the owner of the corrections required and instruct the owner of the action to be taken and the administrative recourse available as provided for in R 125.1020. The notice shall include a statement that failure to request a hearing to contest the finding of violation or submit an application for exception within 15 business days after receipt of the first notice of violation constitutes a waiver of those options. If the owner does not respond to the first notice of violation within 15 business days, a second and final notice of violation shall be sent by certified mail.

Notes

Mich. Admin. Code R. 125.1019

1988 AACS