8 AAC 61.195 - Settlements

(a) At any stage in the proceedings in a contested case, the parties may enter into a settlement agreement disposing of part or all of a contested case. A settlement agreement must be in writing and must be filed with the board.

(b) A settlement agreement must include:

(1) an attached copy of each citation being settled;

(2) a statement of the terms of settlement for each citation being settled;

(3) evidence or documentation of abatement for each citation affirmed under the settlement agreement;

(4) a statement of any contested citations or issues that remain for hearing;

(5) a statement that, unless the abatement date is opposed and a bearing is scheduled under (d) of this section, the board shall enter a final order having the same force and effect as a final order made after a hearing;

(6) an affidavit completed by the employer verifying that a copy of the settlement agreement was mailed, electronically delivered or personally delivered to any authorized employee representatives and was posted for not less than 10 days at the place of employment where notices to employees are customarily posted; and

(7) a waiver of any further proceedings before the board or the department concerning a citation settled under this section.

(c) A settlement agreement mailed, electronically delivered, or personally delivered to an authorized employee representative and posted at the place of employment must include a cover page containing the following language:

NOTICE OF SETTLEMENT OF ALASKA OSH CITATION

Attached is a settlement agreement concerning occupational safety and health citations issued by the Alaska Department of Labor and Workforce Development. Any affected employee or authorized employee representative may object to the reasonableness of any abatement dates in the settlement agreement by giving written notice of the objection not later than 15 days after the receipt or posting of the settlement agreement. Notice of objection to the reasonableness of the abatement date must be mailed, electronically delivered or personally delivered to the Alaska Occupational Safety and Health Review Board, P.O. Box 111149, Juneau, Alaska 99811-1149; fecsimille transmission (fax) number (907) 269-4950; electronic mail address Osh.review.board@alaska.gov. Upon receipt of an objection, the board may schedule a conference or hearing and issue an order regarding the abatement date.

(d) Upon receipt of an objection to the reasonableness of an abatement date in a settlement agreement, the board may schedule a conference or hearing and issue an order regarding the abatement date.

Notes

8 AAC 61.195

Eff. 12/2/94, Register 132; am 11/29/2017,Register 224, January 2018

As of Register 151 (October 1999), the regulations attorney made technical revisions under AS 44.62.125(b)(6) to reflect the name change of the Department of Labor to the Department of Labor and Workforce Development made by ch. 58, SLA 1999 and the corresponding title change of the commissioner of labor.

Authority: AS 18.60.020

AS 18.60.057

AS 18.60.093