Michigan Administrative Code
Department - Licensing and Regulatory Affairs
Bureau of Construction Codes
Barrier Free Design Board
General Rules (Barrier Free Design Board)
Section R. 125.1020 - Finding of violation; election of remedies
Current through Vol. 24-16, September 15, 2024
Rule 20. Within 15 business days of receipt of a first notice of violation, the owner may elect 1 of the following remedies:
(a) The owner may concur that a violation exists and agree to begin immediate efforts to correct the violation and notify the appropriate administrative authority and the authorized agent of such action and the date the corrections will be completed. The authorized agent shall work with the appropriate administrative authority to assure that the facility is reinspected to determine compliance. If the complaint was referred by the board, the board shall be notified, in writing, when and how compliance was achieved.
(b) The owner may disagree that a violation exists and may request a hearing to contest the finding of noncompliance. Failure to request a hearing within 15 business days after receipt of the first notice of violation shall constitute a waiver of a right to a hearing. Upon receipt of a request for a hearing, the authorized agent shall notify the office of hearings of the request and the presiding officer shall arrange a hearing date and prepare notices to all parties, including the complainant and the appropriate administrative authority without undue delay. The hearing shall be held pursuant to chapter 4 of Act No. 306 of the Public Acts of 1969, as amended, being S24.271 et seq. of the Michigan Compiled Laws; R 125.1004, R 125.1005, R 125.1006, R 125.1008, R 125.1009, R 125.1010, and R 125.1011; and the report issued pursuant to R 125.1012.
(c) The owner may agree that a violation exists and submit an application for exception pursuant to R 125.1003 to seek additional time to allow correction efforts to be made or to seek a full exception from the requirements. Failure to submit an application for exception within 15 business days of receipt of the first notice of violation shall constitute a waiver of the right to submit an application for exception.
