8 AAC 61.185 - Withdrawal of citations, proposed penalty, or notices of contest
(a)
The department may withdraw a citation or proposed penalty at any stage in the
proceedings in a contested case. If a citation or proposed penalty is withdrawn
before the hearing in a contested case, a notice of withdrawal must be
submitted in writing to the board and copies must be mailed, electronically
delivered or personally delivered to all parties of record. In addition, the
employer shall mail or personally deliver a copy of the notice of withdrawal to
any authorized employee representatives and shall post a copy of the notice of
withdrawal, for not less than 10 days, at the place of employment where notices
to employees are customarily posted. Proof of the mailing or delivery and
posting at the place of employment must be made by the employer in an affidavit
submitted to the board.
(b) An
employer, affected employee, or authorized employee representative that has
filed a notice of contest may withdraw the notice of contest at any stage in
the proceedings in a contested case. A notice of withdrawal must be submitted
in writing to the board and copies must be mailed, electronically delivered, or
personally delivered to all parties of record.
(c) Upon the filing of a notice of withdrawal
of a citation, proposed penalty, or notice of contest, the board shall issue an
order dismissing the case.
Notes
Authority: AS 18.60.020
AS 18.60.057
AS 18.60.093
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