Current through Vol. 24-21, December 1, 2024
Section R. 325.99104 - Enforcement actionsRule 104.
(1) Any person who violates the act or these rules or fails to satisfy agreed upon conditions for settlement of a violation shall be subject to 1 or more of the following enforcement actions, as determined by the department: (a) Notice of noncompliance.(c) Denial of certification or accreditation.(d) Suspension of certification or accreditation by cease operations order.(e) Summary suspension of certification or accreditation.(f) Revocation of certification or accreditation.(g) Criminal sanction in accordance with section 5477 of the act.(h) Administrative fines.(2) The department shall consider the circumstance, extent, probability of harm, and repetitive nature of the violation to determine the degree and severity of enforcement actions taken, including administrative fines.(3) Not later than 15 working days after receipt of a citation issued under section 5476 of the act, a person who is alleged to have violated the act or these rules may appeal the alleged violation by petitioning the department. If the appeal is not resolved as a result of a pre-hearing conference, the person who is alleged to have violated the act or these rules may then petition the department for an administrative hearing not later than 15 working days after completion of the pre-hearing conference. The department shall conduct an administrative hearing in accordance with 1969 PA 306, MCL 24.201. A citation and associated administrative fine become final if the department does not receive a petition for either a pre-hearing conference or an administrative hearing within the time specified in this subrule of this rule.Mich. Admin. Code R. 325.99104