Mich. Admin. Code R. 460.20 - Initial commission determination of violation by person other than governmental agency
Rule 20.
(1) Upon
receipt of a complaint concerning a person, other than a governmental agency,
the commission shall review the complaint and any attached documentation and
shall conduct any investigation the commission finds necessary to determine
whether a violation of the act has occurred.
(2) If the commission determines that no
violation of the act has occurred, the commission shall notify the complainant
of this finding.
(3) After review of
the complaint and any investigation, if the commission determines that a
violation of the act has occurred, the commission shall notify the complainant
and the respondent by first-class mail in a letter of notification of
violation.
(4) The letter of
notification of violation shall include a brief statement of the facts, a
statement of the alleged violation of the act, the section of the law that was
allegedly violated, any proposed civil fine, and the due date for the payment
of the fine. A civil fine shall not exceed $5,000.00 per violation.
(5) The commission may also propose that the
person who violated the act receive underground facilities safety education and
training to ensure future compliance with the act.
(6) In cases where a person has committed a
first offense that does not involve injury, death, or significant property
damage, and where the person admits responsibility without requesting a
hearing, the maximum civil fine to be assessed shall not exceed
$500.00.
(7) At any time during the
initial determination process, the commission and respondent may enter into an
agreement on an appropriate resolution of the matter.
Notes
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