Michigan Laws 338.3409 – Investigations; grounds for denial, suspension, or revocation of certificate of accreditation or reaccreditation
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(1) The department, on its own initiative or upon the written complaint of an aggrieved party, a state agency, or political subdivision, may investigate the acts of a person accredited under this act. The department may deny, suspend, or revoke a certificate of accreditation or reaccreditation under this act under the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being section 24.201 to 24.328 of the Michigan Compiled Laws, if a person is found not to be in compliance with this act or other applicable state or federal laws.
(2) The department may deny, suspend, or revoke a certificate of accreditation or reaccreditation for 1 or more of the following reasons:
Terms Used In Michigan Laws 338.3409
- Asbestos-related work: means an activity or task performed by a person working with asbestos in buildings, including, but not limited to, inspection, management plan development, the design or conduct of response actions, and remedial work. See Michigan Laws 338.3402
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Department: means the department of consumer and industry services. See Michigan Laws 338.3402
- Person: means an individual, partnership, association, corporation, public or private agency, or other legal entity. See Michigan Laws 338.3402
- Public and commercial building: means the interior space of a building that is not a school building, a residential apartment building of fewer than 10 units, or a detached single family home. See Michigan Laws 338.3402
- School: means a private or public elementary or secondary institution of learning including grades kindergarten through 12. See Michigan Laws 338.3402
- School building: means 1 or more of the following at a school:
(i) A structure suitable for use as a classroom, including a school laboratory, library, eating facility, or food preparation facility. See Michigan Laws 338.3402state: 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
(a) A willful or negligent action in violation of this act or other state or federal laws pertaining to the public health and safety aspects of asbestos-related work in a school building or a public and commercial building.
(b) Falsification of records.
(c) Failure to obtain or renew a certificate of accreditation.
(d) Deliberate misrepresentation in applying for accreditation or reaccreditation.
(e) Permitting a person who has not received the proper training or accreditation under this act to be responsible for asbestos-related work in a school building or a public and commercial building.
(f) Permitting the duplication or use of one’s own accreditation certificate by another person.
(g) Obtaining accreditation from a training provider that does not have approval to offer training for that particular discipline from either the environmental protection agency or a state that has an approval program as stringent as this act.