Sec. 2462.
(1) Not later than 20 days after receipt of the citation, the alleged violator may petition the local health department for an administrative hearing which shall be held within 30 days after the receipt of the petition. After the administrative hearing, the local health officer may affirm, dismiss, or modify the citation. The decision of the local health officer shall be final, unless within 60 days of the decision the appropriate local governing entity or committee thereof, or in the case of a district department, the district board of health or committee thereof, grants review of the citation. After the review, the local governing entity, board of health, or committee thereof may affirm, dismiss, or modify the citation.
(2) A person aggrieved by a decision of a local health officer, local governing entity, or board of health under this section may petition the circuit court of the county in which the principal office of the local health department is located for review. The petition shall be filed not later than 60 days following receipt of the final decision.
(3) A civil penalty becomes final if a petition for an administrative hearing or review is not received within the time specified in this section. A civil penalty imposed under this part is payable to the appropriate local health department for deposit with the general funds of the local governing entity, or in case of a district, the funds shall be divided according to the formula used to divide other district funds. A civil penalty may be recovered in a civil action brought in the county in which the violation occurred or the defendant resides.
History: 1978, Act 368, Eff. Sept. 30, 1978 Popular Name: Act 368
Structure Michigan Compiled Laws
Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)
Article 2 - Administration (333.2201...333.3625)
368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498)
Section 333.2403 - Definitions; a to D.
Section 333.2406 - Definitions; L.
Section 333.2408 - Definitions; R to U.
Section 333.2411 - Division of Powers and Duties.
Section 333.2413 - County Health Department; County Board of Health.
Section 333.2415 - Creation of District Health Department; Composition of District Board of Health.
Section 333.2419 - Employment of Personnel; Consolidation of Functions.
Section 333.2421 - City Health Department; Creation; Powers and Duties.
Section 333.2422 - Selection of Option by City; Notice of Intent.
Section 333.2428 - Local Health Officer; Appointment; Qualifications; Powers and Duties.
Section 333.2433 - Local Health Department; Powers and Duties Generally.
Section 333.2435 - Local Health Department; Additional Powers.
Section 333.2442 - Adoption of Regulation; Notice of Public Hearing.
Section 333.2443 - Violation of Regulation or Order; Misdemeanor; Penalty.
Section 333.2444 - Fees for Services; Expenses and Compensation.
Section 333.2446 - Inspection or Investigation.
Section 333.2448 - Intergovernmental Contracts; Existing Contracts Not Affected.
Section 333.2453 - Epidemic; Emergency Order and Procedures; Involuntary Detention and Treatment.
Section 333.2463 - Appearance Tickets.
Section 333.2465 - Injunctive Action; Liability for Damages.
Section 333.2471 - Program; Establishment; Objectives.
Section 333.2476 - Reimbursement of Certain Expenditures Prohibited.
Section 333.2479 - Criteria for Determining Costs for Services.
Section 333.2481 - Condition for Approval of Funding.
Section 333.2483 - Conditions for Reimbursement.
Section 333.2490 - Administration of MCL 333.2471 to 333.2498.
Section 333.2495 - Rules; Determinations; Review and Comment.