R 408.22356 Citation for failure to correct a previously cited violation.

Rule 2356. (1) If an inspection or investigation discloses that an employer failed to correct an alleged violation, for which a citation was issued, within the period permitted for its correction, the department may notify the employer, by registered mail, of the failure and of any additional penalty proposed under section 35(2) of the act, MCL 408.1035, by reason of the failure. (2) The period for the correction of a violation for which a citation was issued does not begin to run until the date of the final order of the board if a review proceeding before the board is initiated by the employer in good faith and not solely for delay or avoidance of a penalty. The period of correction must not be delayed by a review proceeding initiated by the employer only with respect to the proposed penalty. (3) An employer receiving a citation for failure to correct a violation and a proposed additional penalty may notify the department, in writing, that the employer intends to petition for a dismissal of the citation or the proposed additional penalty, or both, pursuant to R 408.22351. An appeal petition regarding a citation for failure to correct a violation must be limited to the subject matter of the failure to correct citation. (4) Within 15 working days after receipt of the department decision relative to an appeal petition of a citation for failure to correct a violation or a proposed additional penalty, or both, an employer may appeal the decision to the board pursuant to R 408.22354.