(a) If an inspection discloses that an employer has failed to correct an alleged violation
for which a citation has been issued within the period permitted for its correction,
the Area Director shall, if appropriate, consult with the Regional Solicitor, and
he shall notify the employer by certified mail or by personal service by the Compliance
Safety and Health Officer of such failure and of the additional penalty proposed under
§ 1903.15(d)(5) by reason of such failure. The period for the correction of a violation for which a citation has been issued
shall not begin to run until the entry of a final order of the Review Commission in
the case of any review proceedings initiated by the employer in good faith and not
solely for delay or avoidance of penalties.
(b) Any employer receiving a notification of failure to correct a violation and of proposed
additional penalty may, under section 10(b) of the Act, notify the Area Director in
writing that he intends to contest such notification or proposed additional penalty
before the Review Commission. Such notice of intention to contest shall be postmarked within 15 working days of
the receipt by the employer of the notification of failure to correct a violation
and of proposed additional penalty. The Area Director shall immediately transmit such notice to the Review Commission
in accordance with the rules of procedure prescribed by the Commission.
(c) Each notification of failure to correct a violation and of proposed additional penalty
shall state that it shall be deemed to be the final order of the Review Commission
and not subject to review by any court or agency unless, within 15 working days from
the date of receipt of such notification, the employer notifies the Area Director
in writing that he intends to contest the notification or the proposed additional
penalty before the Review Commission.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.