Mich. Admin. Code 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.

Notes

Mich. Admin. Code R. 325.3569

1988 AACS.