(1) During its routine inspections, investigations or other required regulatory activities in the enclosed public places under its jurisdiction, or in response to complaints of violations of the Act occurring in any of those enclosed public places, the Department shall document and collect necessary information on any of the following listed violations of the Act:
- (a) Any persons knowingly smoking in a place where it is prohibited; or
(b) Any owners, managers, operators or persons who otherwise control a public place who knowingly fail to do any of the following:
- 1. Communicate the smoking prohibition to existing and prospective employees. For purposes of enforcement of this rule, the existence of a written policy, handout or statement for distribution to all employees and prospective employees or a sign posted in any area(s) necessarily frequented by all employees either or both of which communicates the smoking prohibition constitutes compliance; and/or
- 2. Post no smoking sign or the universal no smoking symbol at every entrance to the public place as required by Section 1 of Chapter 410 of Public Acts of 2007 and rule 0800-6-1-.03; and/or
- 3. Either themselves or through their employees inform any person violating the Act of the appropriate provisions of the law.
Authority: Public Acts of 2007 Ch. 410. Administrative History: Public necessity rule filed September 28, 2007; effective through March 11, 2008.