TITLE 28

Labor and Labor Relations

CHAPTER 28-20

Division of Occupational Safety

SECTION 28-20-17



   § 28-20-17  Enforcement procedure. –

(a) After the issuance of a compliance order pursuant to § 28-20-16(a),

the director shall, within a reasonable time after the termination of the

inspection or investigation, notify the employer by certified mail of the

penalty, if any, proposed to be assessed under § 28-20-18 and that the

employer has fifteen (15) working days within which to notify the director that

he or she wishes to contest the compliance order or proposed assessment of

penalty. If, within fifteen (15) working days from the receipt of the notice

issued by the director the employer fails to notify the director that he or she

intends to contest the compliance order or proposed assessment of penalty, and

no notice is filed within that time by any employee or representative of

employees under subsection (c) of this section, the compliance order and the

assessment, as proposed, shall be deemed a final order of the review board and

not subject to review as to any question of fact by any court or agency.



   (b) If the director has reason to believe that an employer

has failed to correct a violation for which a compliance order has been issued

within the period permitted for its correction, which period shall not begin to

run until the entry of a final order by the review board in the case of any

review proceedings under this section initiated by the employer in good faith

and not solely for delay or avoidance of penalties, the director shall notify

the employer by certified mail of the failure and of the penalty proposed to be

assessed under § 28-20-18 by reason of the failure, and that the employer

has fifteen (15) working days within which to notify the director that he or

she intends to contest the notification or proposed assessment of penalty. If,

within fifteen (15) working days from the receipt of notification issued by the

director, the employer fails to notify the director that he or she intends to

contest the notification or proposed assessment of penalty, the notification

and assessment, as proposed, shall be deemed a final order of the review board

and not subject to any review as to any question of fact by any court or agency.



   (c) If an employer notifies the director that he or she

intends to contest a compliance order issued under § 28-20-16 or

notification issued under subsection (a) or (b) of this section, or if within

fifteen (15) working days of the issuance of a compliance order under §

28-20-16 any employee or representative of employees files a notice with the

director alleging that the period of time fixed in the compliance order for the

abatement of the violation is unreasonable, the director shall immediately

notify in writing the chairperson of the review board of the notification, and

the review board shall afford an opportunity for a hearing. The review board

shall subsequently issue an order based on findings of fact affirming,

modifying, or vacating the director's compliance order or proposed penalty, or

directing other appropriate relief, and the order shall become final thirty

(30) days after its issuance. Upon a showing by an employer of a good faith

effort to comply with the abatement requirements of a compliance order, and

that abatement has not been completed because of factors beyond his or her

reasonable control, the review board, after an opportunity for a hearing, shall

issue an order affirming or modifying the abatement requirements in the

compliance order. The rules of procedure prescribed by the review board shall

provide the affected employee or representatives of affected employees an

opportunity to participate as parties to hearings under this subsection.



History of Section.

(P.L. 1973, ch. 260, § 2; P.L. 1976, ch. 55, § 3.)