Mich. Admin. Code R. 281.429

Current through Vol. 24-18, October 15, 2024

Section R. 281.429 - Decertification; right to hearing

Rule 9.

(1) If a prescribed burn manager has been decertified by the department, that person shall be afforded both of the following:

(a) An opportunity to show compliance with all lawful requirements for retention of the certification.

(b) A right to request a hearing in accordance with chapter 4 of the administrative procedures act of 1969, MCL 24.271 to 24.292.

(2) If a person does not request a hearing, the department may decertify the person's certification based on the findings of its investigation.

(3) Upon notification of a final decision of decertification, the person shall return the certification immediately to the department.

(4) A person who is decertified under this rule shall include the information related to the decertification in his or her application for recertification.

(5) A hearing provided for in this rule shall comply with chapter 4 of the administrative procedures act of 1969, MCL 24.271 to 24.292.

Violations & Point Assessment Table 1

	CERTIFIED BURNER VIOLATIONS	POINT S
1	Certified burner burns without a permit when a permit is required.	15
2	Certified burner obtains a permit knowingly using false information (i.e. location, certified burn number, equipment on site, personnel).	15
3	Fire escapes from prescribed area, causing injury or damage to property or improvements.	10
4	Any burn initiated outside of prescription parameters based upon morning forecast and on-site weather observations (i.e. wind speed, wind direction, RH, temperature, etc).	10
5	Any burn initiated without the equipment and/or personnel specified in the prescription.	10
6	Improper smoke screening, failure to properly mitigate smoke impacts, or burning that does not conform to the states smoke management plan.	10
7	Fire escapes from the prescribed area, but does not cause injury or damage to property or improvements.	5
8	The department or other emergency fire response agency is required to take suppression action.	5
9	Failure to pay suppression costs on an escaped burn within 60 days of receipt of a bill for suppression costs.	5
10	Failure to attempt to shut down burn after notification by the department, or the fire department having jurisdiction.	5
11	Certified burner who attempts to burn without a written prescription at the site of the burn while burn is being conducted.	5

Mich. Admin. Code R. 281.429

2007 AACS