Michigan Administrative Code
Department - Licensing and Regulatory Affairs
Public Service Commission
MISS DIG Underground Facility Damage Prevention and Safety
Section R. 460.32 - Commission determination; hearing for complaint against governmental agency

(1) Upon receipt of a complaint from a facility owner or facility operator against a governmental agency, the commission shall review the complaint and any attached documentation to determine whether a violation of the act has occurred.

(2) If, after review of the complaint and any investigation, the commission determines that no violation of the act has occurred, the commission shall notify the complainant of this finding.

(3) If the commission determines that a violation of the act has occurred, the commission shall notify the complainant and the governmental agency by first-class mail in a letter of notification of violation. The commission shall schedule a hearing before a presiding officer, which shall be conducted pursuant to R 792.10401 to R 792.10448.

(4) The presiding officer assigned to the matter may direct the parties to attempt settlement of the damages portion of the claim through nonbinding mediation or other form of alternative dispute resolution. Costs of alternative dispute resolution shall be borne by the parties.

(5) After an administrative hearing is completed, the commission may order a governmental agency to pay actual damages and a civil fine in accordance with section 12(3) of the act, MCL 460.732(3).