Sec. 31-377. Notice to employer of contest period and proposed assessment. Action by review commission.
Sec. 31-377. Notice to employer of contest period and proposed assessment.
Action by review commission. (a) If, after inspection or investigation, the commissioner issues a citation pursuant to section 31-375, he shall, within a reasonable time
after the termination of such inspection or investigation, notify the employer by certified
mail of the penalty, if any, proposed to be assessed pursuant to section 31-382. Such
notification shall inform the employer that he has fifteen working days from the receipt
of notice within which to notify the commissioner that he wishes to contest the citation
or proposed assessment of penalty. If the employer fails to so notify the commissioner
within said fifteen days, and if no notice is filed by any employee or representative of
employees pursuant to subsection (c) of this section within said fifteen days, the citation
and the assessment, as proposed, shall be deemed a final order of the commission and
not subject to review by any court or agency.
(b) If the commissioner has reason to believe that an employer has failed to correct
a violation for which a citation has been issued within the period permitted for such
correction, the commissioner shall notify the employer by certified mail of such failure
and of the penalty proposed to be assessed pursuant to section 31-382 by reason of such
failure, provided, in the case of a review proceeding initiated by the employer under
this section in good faith and not solely for delay or the avoidance of penalties, the
period permitted for correction of the violation shall not begin to run until the entry of
a final order by the review commission. Such notification by the commissioner shall
inform the employer that he has fifteen working days from the receipt of such notice
within which to notify the commissioner that he wishes to contest the notification or
the proposed assessment of penalty. If, within fifteen days from receipt of notification
under this section, the employer fails to notify the commissioner that he intends to contest
the notification or proposed assessment of penalty, the notification and assessment as
proposed shall be deemed a final order of the commission and not subject to review by
any court or agency.
(c) If an employer notifies the commissioner that he intends to contest a citation
issued under subsection (a) of section 31-375 or a notification issued under subsection
(a) or (b) of this section, or if, within fifteen days after the issuance of a citation issued
under subsection (a) of section 31-375, any employee or representative of employees
files a notice with the commissioner alleging that the period of time fixed in the citation
for abatement of the violation is unreasonable, the commissioner shall immediately
advise the commission of such notification, and the commission shall afford an opportunity for a hearing. The commission shall thereafter issue an order, based on findings of
fact, affirming, modifying, or vacating the commissioner's citation or proposed penalty,
or directing other appropriate relief. Such order shall become final thirty days after its
issuance. Upon a showing by an employer of a good faith effort to comply with the
abatement requirements of a citation, and a showing that abatement has not been completed because of factors beyond his reasonable control, the commissioner, after an
opportunity for a hearing as provided in this subsection, shall issue an order affirming
or modifying the abatement requirements in such citation. The rules of procedure prescribed by the commissioner shall provide affected employees or representatives of
affected employees an opportunity to participate as parties to hearings under this subsection.
(P.A. 73-379, S. 10, 21; P.A. 74-137, S. 15, 21; P.A. 79-631, S. 90, 111; P.A. 80-46, S. 8; P.A. 81-382, S. 7, 8.)
History: P.A. 74-137 made provisions applicable to owners; P.A. 79-631 made technical correction in Subsec. (b); P.A.
80-46 deleted references to owners; P.A. 81-382 amended Subsec. (c) to reflect transfer of power to prescribe rules of
procedure from review commission to labor commissioner.