R 408.22346 Proposed penalties.

Rule 2346. (1) After, or concurrent with, the issuance of a citation, and within a reasonable time after the termination of the inspection or investigation, the department shall notify the employer by registered mail of the proposed penalty as provided by section 35 of the act, MCL 408.1035, or that no penalty is being proposed. The notice of the proposed penalty must include statements informing the employer that the proposed penalty must become a final order of the board and is not subject to review by a court or agency unless, within 15 working days after the date of receipt of the notice, the employer notifies the department in writing that the employer intends to appeal the citation or the notification of proposed penalty as described in (R 408.22351). Payment of the penalty must be made to the department, payable to the "State of Michigan," within 15 working days after the date the penalty became a final order of the board. (2) The department shall determine the amount of a proposed penalty, giving due consideration to the appropriateness of the penalty with respect to the size of the business, the seriousness of the violation, and the history of previous citations, pursuant to section 36 of the act, MCL 408.1036. (3) Appropriate penalties may be proposed with respect to an alleged violation, even if, after being informed of the alleged violation by the department representative, the employer immediately abates, or initiates steps to abate, the alleged violation. Penalties must not be proposed for violations that have no direct or immediate relationship to safety or health.