Mich. Admin. Code R. 125.1020 - Finding of violation; election of remedies
Rule 20. Within 15 business days of receipt of a first notice of violation, the owner may elect 1 of the following remedies:
(a) The owner may concur that a violation
exists and agree to begin immediate efforts to correct the violation and notify
the appropriate administrative authority and the authorized agent of such
action and the date the corrections will be completed. The authorized agent
shall work with the appropriate administrative authority to assure that the
facility is reinspected to determine compliance. If the complaint was referred
by the board, the board shall be notified, in writing, when and how compliance
was achieved.
(b) The owner may
disagree that a violation exists and may request a hearing to contest the
finding of noncompliance. Failure to request a hearing within 15 business days
after receipt of the first notice of violation shall constitute a waiver of a
right to a hearing. Upon receipt of a request for a hearing, the authorized
agent shall notify the office of hearings of the request and the presiding
officer shall arrange a hearing date and prepare notices to all parties,
including the complainant and the appropriate administrative authority without
undue delay. The hearing shall be held pursuant to chapter 4 of Act No. 306 of
the Public Acts of 1969, as amended, being S24.271 et seq. of the Michigan
Compiled Laws;
R 125.1004,
R
125.1005,
R
125.1006,
R
125.1008,
R
125.1009,
R
125.1010, and
R
125.1011; and the report issued pursuant to
R
125.1012.
(c) The owner may agree that a violation
exists and submit an application for exception pursuant to
R 125.1003 to seek additional time
to allow correction efforts to be made or to seek a full exception from the
requirements. Failure to submit an application for exception within 15 business
days of receipt of the first notice of violation shall constitute a waiver of
the right to submit an application for exception.
Notes
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