Michigan Laws 28.467a – Issuance of citation by state fire marshal
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Terms Used In Michigan Laws 28.467a
- Allegation: something that someone says happened.
- Citation: means that term as described in section 17a. See Michigan Laws 28.452
- Consumer fireworks: means fireworks devices that are designed to produce visible effects by combustion, that are required to comply with the construction, chemical composition, and labeling regulations promulgated by the United States Consumer Product Safety Commission under 16 C. See Michigan Laws 28.452
- Consumer fireworks certificate: means a certificate issued under section 4. See Michigan Laws 28.452
- fireworks: means any composition or device, except for a starting pistol, a flare gun, or a flare, designed for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation. See Michigan Laws 28.452
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, agent, association, charitable organization, company, limited liability company, corporation, labor organization, legal representative, partnership, unincorporated organization, or any other legal or commercial entity. See Michigan Laws 28.452
- Retail location: means a facility listed under NFPA 1124, 7. See Michigan Laws 28.452
- Rule: means a rule, as that term is defined in section 7 of the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 28.452
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- State fire marshal: means the state fire marshal appointed under section 1b of the fire prevention code, 1941 PA 207, MCL 29. See Michigan Laws 28.452
(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 the state fire marshal’s designee shall issue a citation not more than 90 days after the completion of the physical inspection or investigation.
(2) The state fire marshal or the state fire marshal’s designee shall issue the citation described in subsection (1) to the holder of the consumer fireworks certificate for, or to a person conducting or directing the sale of consumer fireworks without a consumer fireworks certificate at, the retail location that is the subject of the inspection or investigation. A holder of a consumer fireworks certificate, or a person conducting or directing the sale of consumer fireworks without a consumer fireworks certificate, as described in this subsection, is responsible for the acts or omissions of an individual under that person’s employ or control.
(3) 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 receiving the citation.
(4) Upon a proper petition, a court of competent jurisdiction may enjoin a violation of this act.
(5) 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 receiving the citation.
(iv) The actions necessary to bring the person receiving the citation into compliance, including the payment of a fine.
(v) A space for the signature of the person receiving the citation indicating that the person has received the citation.
(vi) A space where the person receiving the citation may accept the citation and agree to comply or, in the alternative, indicate the person’s intent to contest the citation.
(vii) A notice that the person receiving the citation must accept or reject the terms of the citation in writing within 15 days of the receipt 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 receiving the citation by certified mail, return receipt requested, or delivered in person by the state fire marshal, or the state fire marshal’s designee who issued the citation.