MICHIGAN FIREWORKS SAFETY ACT (EXCERPT)
Act 256 of 2011
28.467a Issuance of citation by state fire marshal.
(1) If, as a result of an inspection or investigation, the state fire marshal or the state fire marshal's designee believes that a person has violated this act, an order issued under this act, or a rule promulgated under this act, the state fire marshal or his or her designee shall issue a citation to the person not more than 90 days after the completion of the physical inspection or investigation.
(2) Except as otherwise provided in this act, upon issuance of a citation, the state fire marshal may immediately suspend the consumer fireworks certificate of the person to whom the citation was issued.
(3) Upon a proper petition, a court of competent jurisdiction may enjoin a violation of this act.
(4) All of the following apply to a citation issued by the state fire marshal or the state fire marshal's designee under this act:
(a) It shall be in writing.
(b) It shall state on its face that it is an allegation of a violation of this act, describe with particularity the nature of the violation, and include a reference to the provision, rule, or order alleged to be violated.
(c) It shall contain all of the following:
(i) The date of the citation.
(ii) The name and title of the individual who issued the citation.
(iii) The name and address of the person to whom the citation is issued.
(iv) The actions necessary to bring the person to whom the citation is issued into compliance, including the payment of a fine.
(v) A space for the signature of the person to whom the citation is issued indicating that the person has received the citation.
(vi) A space where the person to whom the citation is issued may accept the citation and agree to comply or, in the alternative, may indicate the intent of the person to whom the citation is issued to contest the citation.
(vii) A notice that the person to whom the citation is issued shall accept or reject the terms of the citation within 15 days of the date of the citation.
(viii) A brief description of the administrative hearing process and the process for settlement as provided for by rule.
(d) A citation may either be mailed to the person to whom the citation is issued by certified mail, return receipt requested, or delivered in person by the state fire marshal or state fire marshal's designee who issued the citation.
History: Add. 2012, Act 257, Imd. Eff. July 2, 2012
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