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LANZO CONST. CO. v. DEPT. OF LABOR

Docket No. 77-95.

86 Mich. App. 408 (1978)

272 N.W.2d 662

LANZO CONSTRUCTION COMPANY, INC. v. DEPARTMENT OF LABOR

Michigan Court of Appeals.

Decided October 17, 1978.

Attorney(s) appearing for the Case

Ivan E. Barris and Michael H. Golob, for plaintiff.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Patrick E. Kowaleski, Assistant Attorney General, for defendant.

Before: ALLEN, P.J., and CYNAR and D.R. FREEMAN, JJ.

D.R. FREEMAN, J.

On May 14, 1976, plaintiff was served by defendant with a civil citation alleging a wilful violation of the Michigan Occupational Safety and Health Act, MCL 408.1001 et seq.; MSA 17.50(1) et seq. (hereinafter OSHA). The citation fixed a proposed penalty of $10,000. Section 41 of the OSHA provides that if an employer does not petition the Department of Labor (hereinafter the Department) for modification or dismissal within 15 working...

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