Michigan Administrative Code
Department - Licensing and Regulatory Affairs
Public Service Commission
MISS DIG Underground Facility Damage Prevention and Safety
Section R. 460.20 - Initial commission determination of violation by person other than governmental agency

(1) Upon receipt of a complaint concerning a person, other than a governmental agency, the commission shall review the complaint and any attached documentation and shall conduct any investigation the commission finds necessary to determine whether a violation of the act has occurred.

(2) If the commission determines that no violation of the act has occurred, the commission shall notify the complainant of this finding.

(3) After review of the complaint and any investigation, if the commission determines that a violation of the act has occurred, the commission shall notify the complainant and the respondent by first-class mail in a letter of notification of violation.

(4) The letter of notification of violation shall include a brief statement of the facts, a statement of the alleged violation of the act, the section of the law that was allegedly violated, any proposed civil fine, and the due date for the payment of the fine. A civil fine shall not exceed $5,000.00 per violation.

(5) The commission may also propose that the person who violated the act receive underground facilities safety education and training to ensure future compliance with the act.

(6) In cases where a person has committed a first offense that does not involve injury, death, or significant property damage, and where the person admits responsibility without requesting a hearing, the maximum civil fine to be assessed shall not exceed $500.00.

(7) At any time during the initial determination process, the commission and respondent may enter into an agreement on an appropriate resolution of the matter.