Section 325.3567. Citations.

(1) If the department representative believes that an asbestos abatement contractor has violated a requirement of the act or any rule promulgated, or order issued, pursuant to the act, he or she shall issue a

citation in person or by registered mail to the asbestos abatement contractor. An appropriate citation shall be issued even though, after being informed of an alleged violation by the department representative, the asbestos abatement contractor immediately abates, or initiates  steps

to abate, the alleged violation. A citation shall  be  issued  with reasonable promptness after termination of the inspection. A  citation shall not be issued under this rule after the expiration of 90 days from the completion of the physical inspection 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, standard, rule, regulation, or order alleged to have been violated. The citation shall also state the civil penalty, if any, and the right to appeal the citation pursuant to section 309 of the act.

(3)   A citation shall contain, on its face, a statement that it is an allegation of a violation. The issuance of a citation shall not constitute a finding that a violation of the act has occurred, unless there is a failure to appeal to the department for an administrative hearing or, if appealed to the department, unless the  citation  is affirmed by the director.

History: 1988 AACS.