Section R. 408.22346 - Proposed penaltiesRule 1346.
(1) After, or concurrent with, the issuance of a citation, and within a reasonable time after the termination of the inspection or investigation, the department shall notify the employer by registered mail of the proposed penalty as provided by section 35 of the act, or that no penalty is being proposed. The notice of the proposed penalty shall include statements informing the employer that the proposed penalty shall become a final order of the board and not subject to review by any court or agency unless, within 15 working days from the date of receipt of such notice, the employer notifies the department in writing that he intends to appeal the citation or the notification of proposed penalty (see R 408.22351). Payment of the penalty shall be made to the department, payable to the "State of Michigan," within 5 working days of the date the penalty became a final order of the board.(2) The department shall determine the amount of a proposed penalty, giving due consideration to the appropriateness of the penalty with respect to the size of the business, the seriousness of the violation, and the history of previous citations, pursuant to section 36 of the act.(3) Appropriate penalties may be proposed with respect to an alleged violation, even though, after being informed of the alleged violation by the department representative, the employer immediately abates, or initiates steps to abate, the alleged violation. Penalties shall not be proposed for violations which have no direct or immediate relationship to safety or health.Mich. Admin. Code R. 408.22346