Section 338.1023a. Citation system; appeal process.

Rule 23a. (1) If, as a result of an inspection or investigation, an enforcing agency finds that a minor violation of the act or these rules has been committed, the representative may issue a citation.

(2)  A citation may be delivered personally to the person who is charged with a violation of the act or these rules or it may be mailed by the enforcing agency to the business or residence address of the person who is charged with the violation.

(3)  A citation shall be written on a form prescribed by the department and shall include all of the following information:

(a)  The date and time of the violation.

(b)   The name of the person who is charged with the violation.

(c)   The name of the enforcing  agency representative who issued the citation.

(d)  A specific reference to the provisions of the act  or  these rules that were violated.

(e)   The amount due from the person who is charged with a violation.

(f)  A statement that payment due for the violation shall be paid within 10 business days of receipt of the citation.

(g)   The address to which payment shall be presented or mailed.

(h)   A statement informing a person who is charged with a minor violation of a right to appeal the violation.

(4)   An appeal shall be made in writing and may be made in any form that is reasonable to inform the department that an appeal is requested.

(5)   An appeal shall be received by the department within  10  business days of receipt of the citation.

(6)   If an appeal is made in a timely manner as set forth in this rule, the amount due for the minor violation appealed shall  not  be  due until such time as the appeal is decided.

(7)   If an appeal is not made within the time constraints of this rule, the right to appeal is waived and a person who is in receipt of a citation shall not have a further right of appeal.

(8)    An appeal shall be noticed for  hearing  and  conducted  by  the department pursuant to the provisions of Act No. 306 of the Public Acts of 1969, as amended, being S24.201 et seq. of the Michigan Compiled Laws.

(9)   When the board, at the conclusion of an appeal hearing, affirms the citation issued by the department or enforcing agency, a person shall, within 10 business days, pay the amount due.

(10)  When the amount due on a citation is not paid by the time imposed pursuant to the provisions of subrule (3)(f) of this rule and is not appealed, or is not paid by the time prescribed pursuant to the provisions of subrule (9) of this rule, the board shall impose 1 or more of the sanctions listed in section 8e(1) of the act.

(11)    A licensee who requests an appeal shall be permitted to appear before the department representative who is hearing the appeal and shall be given an opportunity to be heard and to present evidence.

(12)   The department or enforcing agency who issued the citation shall appear at the hearing and shall be given an opportunity to be heard and to present evidence.

(13)   The department representative who is hearing the appeal shall make a decision at the conclusion of the hearing, and that decision may be heard on final appeal by the board at the board's discretion.

(14)   When the decision of the department representative affirms the citation, the licensee shall, within 10 business days, pay the amount due or request, in writing, a final appeal before the board.

(15)  When the amount due on a citation is not paid by the time imposed pursuant to the provisions of subrule (3)(f) of this rule and is not appealed, or is not paid by the time prescribed pursuant to the provisions of subrule (14) of this rule, the board shall impose

1  or more of  the sanctions listed in section 8e(1) of the act.

History: 1994 AACS.