MICHIGAN OCCUPATIONAL SAFETY AND HEALTH ACT
Act 154 of 1974
408.1044 Review of report of hearing officer; powers of board; order affirming or modifying abatement requirements; judicial review of order or standard.
Sec. 44.
(1) In reviewing a report of a hearing officer, the board by a vote of not less than a majority of its members may:
(a) Dismiss the citation.
(b) Modify the citation.
(c) Modify the abatement time of the citation.
(d) Issue a final order sustaining the citation, the abatement time, or the assessed penalty.
(e) Vacate or modify assessed penalties.
(2) Upon a showing by an employer that a good faith effort has been made to comply with the abatement requirements of a citation that has become a final order of the board as provided in this act, and that the abatement has not been completed because of circumstances beyond the reasonable control of the employer, the board, after a hearing, if requested by the employer, affected employees, or the department, shall issue an order affirming or modifying the abatement requirements in the citation.
(3) A person or department adversely affected or aggrieved by an order of the board issued under this act or a standard promulgated by a commission pursuant to this act may obtain judicial review of the order or standard pursuant to Act No. 306 of the Public Acts of 1969, as amended.
History: 1974, Act 154, Eff. Jan. 1, 1975
Notes of Decisions
United Parcel Serv., Inc. v. Bureau of Saf. & Reg., 745 N.W.2d 125 (Mich. Ct. App. 2008).
· cites it 2× “1004(3); MCL 408.1044; MCL 408.1046. “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.”
Gen. Motors Corp. v. Bureau of Saf. & Reg., 349 N.W.2d 157 (Mich. Ct. App. 1984).
“Should the board affirm the hearing referee’s decision, the aggrieved party may then seek judicial review of that decision pursuant to the APA, supra, MCL 408.1044(3); MSA 17.50(44)(3). The reviewing circuit court may only reverse the board’s decision if the decision or order:…”
Airgas Specialty Prods. v. Mi Occupational Saf. & Health Admin (Mich. Ct. App. 2021).
· cites it 2× “1004(3); MCL 408.1044; MCL 408.1046. “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.”
— Mich. Comp. Laws § 408.1044(3) — 3 cases
United Parcel Serv., Inc. v. Bureau of Saf. & Reg., 745 N.W.2d 125 (Mich. Ct. App. 2008).
“1004(3); MCL 408.1044; MCL 408.1046. “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.”
Gen. Motors Corp. v. Bureau of Saf. & Reg., 349 N.W.2d 157 (Mich. Ct. App. 1984).
“Should the board affirm the hearing referee’s decision, the aggrieved party may then seek judicial review of that decision pursuant to the APA, supra, MCL 408.1044(3); MSA 17.50(44)(3). The reviewing circuit court may only reverse the board’s decision if the decision or order:…”
Airgas Specialty Prods. v. Mi Occupational Saf. & Health Admin (Mich. Ct. App. 2021).
“1004(3); MCL 408.1044; MCL 408.1046. “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.”
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