Sec. 42.
Upon receipt of a notice from an employer, employee, or an employee representative that the employer wishes to appeal the department's decision relative to a citation, abatement period, or proposed penalty or fine, or that an employee or an employee representative wishes to appeal the department's decision relative to a proposed abatement, classification of citation, or penalty, the department shall notify the board, and the board shall afford an opportunity for a hearing. If an employee or employee representative appeals the department's decision with respect to the violation abatement period, the appeal shall not stay the abatement period. The board shall cause an inquiry into the fact and issue an order based upon findings of fact, affirming, modifying, or rescinding the citation or proposed penalty or fine, or directing other appropriate relief. The order is final 20 days after receipt by affected parties. The rules of procedure prescribed by a board shall provide for a hearing officer to make a determination upon a proceeding before the board and shall provide affected employees or their employee representative an opportunity to participate as parties to the hearing under this section. A hearing officer shall make a report to the board of a determination which constitutes a final disposition of a proceeding. Copies of the report shall be served on all parties. The report of the hearing officer shall become the final order of the board within 30 days after filing with the board and parties, unless a member of the board directs that the report be reviewed and acted upon by the board.
History: 1974, Act 154, Eff. Jan. 1, 1975 ;-- Am. 1979, Act 149, Eff. Mar. 27, 1980
Structure Michigan Compiled Laws
Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094)
Section 408.1001 - Short Title.
Section 408.1002 - Scope of Act; Effect on Statutory or Common Law.
Section 408.1003 - Meanings of Words and Phrases.
Section 408.1004 - Definitions; a to M.
Section 408.1005 - Definitions; E to I.
Section 408.1006 - Definitions; P to W.
Section 408.1009 - Legislative Declaration.
Section 408.1011 - Duties of Employer.
Section 408.1012 - Duties of Employee.
Section 408.1013 - Administration and Enforcement; Reports.
Section 408.1014b - Disclosure of Specific Chemical Identity, Percentage Composition, or Both.
Section 408.1014e - Public Service Announcements.
Section 408.1014f - Employer Engaged in Agricultural Operations; Certifying List of Chemicals.
Section 408.1014g - Chemical in Sealed Package in Transit by Common Carrier.
Section 408.1014h - Employer Engaged in Construction Operations.
Section 408.1014i - Plan for Executing Responsibilities of Organized Fire Department.
Section 408.1014j - Signs Throughout Workplace; Contents.
Section 408.1014m - Conflicting Provisions Unenforceable.
Section 408.1014r - Use of Firefighting Foam Concentrate (Pfas); Rules.
Section 408.1015 - Repealed. 2012, Act 416, Eff. Dec. 27, 2012.
Section 408.1016 - Promulgation, Expression, and Adoption of Standards by Director.
Section 408.1018 - Repealed. 2012, Act 448, Imd. Eff. Dec. 27, 2012.
Section 408.1019 - Promulgation of Standards by Director.
Section 408.1023 - Repealed. 2012, Act 447, Imd. Eff. Dec. 27, 2012.
Section 408.1035a.added - Violations; Civil and Criminal Penalties.
Section 408.1036 - Civil Penalties; Assessment; Schedule; Payment; Recovering Unpaid Penalty.
Section 408.1037 - Evidence and Investigation of Criminal Violation.
Section 408.1042 - Hearing; Order; Rules of Procedure; Report of Hearing Officer.
Section 408.1043 - Hearing; Conduct of Proceedings.
Section 408.1045 - Cease Operation Order; Enforcement Proceedings.
Section 408.1048 - Conducting Business at Public Meeting; Notice.
Section 408.1055 - Safety Education and Training Fund.
Section 408.1056 - Occupational Health Education and Training Program.
Section 408.1057-408.1058 - Repealed. 1991, Act 105, Eff. June 17, 1994.
Section 408.1058a-408.1058d - Repealed. 1988, Act 439, Imd. Eff. Dec. 27, 1988.
Section 408.1058e - Repealed. 1991, Act 105, Eff. June 17, 1994.
Section 408.1058f - Repealed. 1990, Act 2, Imd. Eff. Feb. 12, 1990.
Section 408.1059, 408.1059a - Repealed. 1991, Act 105, Eff. June 17, 1994.
Section 408.1059b - Repealed. 1988, Act 439, Imd. Eff. Dec. 27, 1988.
Section 408.1059c-408.1059e - Repealed. 1991, Act 105, Eff. June 17, 1994.
Section 408.1059f - Repealed. 1988, Act 439, Imd. Eff. Dec. 27, 1988.
Section 408.1060-408.1060d - Repealed. 1991, Act 105, Eff. June 17, 1994.
Section 408.1060e, 408.1060f - Repealed. 1991, Act 105, Imd. Eff. Oct. 3, 1991.
Section 408.1067 - Posting Requirements; Warning Labels.
Section 408.1085a - "Covid-19" Defined.