R 408.22344
R 408.22344 Citations.
Cite as Mich. Admin. Code R 408.22344
Rule 2344. (1) The inspection or investigation report of the department
representative must be reviewed by a department designee. If, on the basis of the report,
the department designee believes that the employer violated a requirement of section 11
of the act, MCL 408.1011, a requirement of a standard or rule promulgated under the act,
or a requirement of an order issued pursuant to the act, the department designee shall
issue to the employer a citation by registered mail. An appropriate citation must be issued
even if, after being informed of an alleged violation by the department representative, the
employer immediately abates, or initiates steps to abate, the alleged violation. A citation
must be issued with reasonable promptness after termination of the inspection or
investigation. A citation must not be issued under this rule after the expiration of 90 days
after the completion of the physical inspection or investigation of the establishment.
(2) A citation shall be in writing and describe with particularity the nature of the
alleged violation, including a reference to the provision of the act, standards, rule,
regulation, or order alleged to have been violated. A citation shall also state a reasonable
time for the abatement of the alleged violation.
(3) A citation shall contain, on its face, a statement that it is an allegation of a
violation. The issuance of a citation does not constitute a finding that a violation of the
act has occurred unless there is a failure to appeal, either initially to the department or
subsequently to the board as provided in R 408.22351 and R 408.22354, or, if appealed to
the board, unless the citation is affirmed by the board.