Section 324.21521 - Denial of claim, work invoice, or request for indemnification; review; approval; compliance; costs; appeal.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994
324.21521 Denial of claim, work invoice, or request for indemnification; review; approval; compliance; costs; appeal.
Sec. 21521.
(1) If the administrator denies a claim or work invoice, or a request for indemnification, the owner or operator who submitted the claim, work invoice, or request for indemnification may, within 14 days following the denial, request review by the department. Upon receipt of a request for review under this subsection, the department shall forward the request to the board for a preliminary review. The board shall conduct a review of the denial and shall submit a recommendation to the department as to whether the claim, work invoice, or request for indemnification substantially complies with this part. Following review by the board, the department shall approve the claim, work invoice, or request for indemnification if the department determines that the claim, work invoice, or request for indemnification substantially complies with the requirements of this part. In making its determination, the department shall give substantial consideration to the recommendations of the board. However, the department shall not approve a claim, work invoice, or request for indemnification for a release that was discovered prior to July 18, 1989.
(2) If the department approves a claim based upon substantial compliance pursuant to subsection (1), the department may refuse to pay for costs incurred during the time the owner or operator was not in strict compliance with this part.
(3) A person who is denied approval by the department after review under subsection (1) may appeal the decision directly to the circuit court for the county of Ingham.
History: 1994, Act 451, Eff. Mar. 30, 1995
Popular Name: Act 451
Popular Name: NREPA