(a) A citation, notice of proposed penalty,
or notice of abatement date is final unless the employer, an affected employee,
or an authorized employee representative files a notice of contest. An affected
employee or an authorized representative may contest only abatement
dates.
(b) A notice of contest must
be in writing and must be postmarked, received by facsimile transmission,
received by electronic mail, or personally delivered to the department within
15 working days after receipt by the employer of the citation, notice of
proposed penalty, or notice of abatement date. A notice of contest must contain
(1) a specification of the citation, proposed
penalty, or abatement date being contested;
(2) a concise statement of fact giving the
reason for the contest; and
(3) any
views or arguments on any issue of fact or law presented.
(c) For the purposes of this section, the
term "proposed penalty" includes a notice of assessment of additional penalty
for failure to abate.
(d) Mailing
or personally delivering a notice of contest to the department, or receipt by
the department of a notice of contest by facsimile transmission or electronic
mail, satisfies the requirement of filing the notice of contest with the board.
The department will transmit the notice of contest to the board or its
authorized designee in accordance with procedures that the board may establish.
If a notice of contest is filed by an employer, a copy of it must be mailed or
personally delivered by the employer to any authorized employee representatives
and must be posted at the place of employment where notices to employees are
customarily posted. If a notice of contest is filed by an employee or employee
representative, a copy of it must be mailed or personally delivered by the
employee or employee representative to the employer.
(e) Repealed 12/2/94.
(f) A notice of contest that is not timely
filed in accordance with this section must include a statement of the reasons
why the notice of contest was untimely filed. The department will promptly
transmit a late notice of contest to the board and will state in writing
whether it opposes the board's acceptance of the late notice of contest. After
review of the submissions, the board shall issue a written order accepting or
rejecting the late notice of contest.