Michigan Audits regulations & environmental compliance analysis

Michigan Audits: What you need to know

Governing Law and Regulations

Michigan Environmental Audit Privilege and Immunity Act (Act), Michigan Compiled Laws (MCL) 324.14801 to 324.14810

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Michigan attorney-client privilege: Michigan Rules of Evidence (MRE) 501

Definitions: MCL 324.14801

Audit privilege:

Exceptions: MCL 324.14802

Waiver of privilege: MCL 324.14803

Request for disclosure by state or local authorities: MCL 324.14804

Criminal proceedings: MCL 324.14805

Burden of proof: MCL 324.14806

Immunity: MCL 324.14809

Penalties: MCL 324.14807

Annual reports: MCL 324.14810

Regulatory Agencies

Michigan Department of Natural Resources and Environment (DNRE)

U.S. Environmental Protection Agency (EPA) Region 5

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Michigan protects environmental audit information as nonadmissible evidence in a civil, criminal, or administrative action, including enforcement actions under state law. However, a facility may have to disclose results of an audit to regulatory investigators if the audit privilege was fraudulently claimed. Also, the privilege may be lost if noncompliance is not promptly corrected.

The state Act does not provide any immunity from federal laws or regulations. EPA's Region 5 office should be contacted regarding the federal policy on self-audits and voluntary disclosure. See the national section AUDITS for a description of EPA's current audit policy.

Administration and enforcement. DNRE administers and enforces Michigan's audit privilege rules. EPA administers federal audit privilege laws and policies concerning violations of federal rules.

State Requirements

OVERVIEW

Michigan has enacted an ...


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