§ 95-137. Issuance of citations.
§ 95‑137. Issuance ofcitations.
(a) If, upon inspectionor investigation, the Director or his authorized representative has reasonablegrounds to believe that an employer has not fulfilled his duties as prescribedin this Article, or has violated any standard, regulation, rule or orderpromulgated under this Article, he shall with reasonable promptness issue acitation to the employer. Each citation shall be in writing and shall describewith particularity the nature of the violation, including a reference to theprovisions of the act, standards, rules and regulations, or orders alleged tohave been violated. In addition, the citation shall fix a reasonable time forthe abatement of the violation. The Director may prescribe procedures for theissuance of a notice in lieu of a citation with respect to de minimusviolations which have no direct or immediate relationship to safety or health.Each citation or notice in lieu of citation issued under this section, or acopy or copies thereof, shall be prominently posted, as prescribed inregulations issued by the Director, at or near such place a violation referredto in the citation occurred.
(b) Procedure forEnforcement.
(1) If, after aninspection or investigation, the Director issues a citation under any provisionsof this Article, the Director shall, within a reasonable time after thetermination of such inspection or investigation, notify the employer bycertified mail with return receipt, by signature confirmation as provided bythe U.S. Postal [Service], by a designated delivery service authorized pursuantto 26 U.S.C. § 7502(f)(2) with delivery receipt, or via hand delivery of anypenalty, if any, the Director has recommended to the Commissioner to beproposed under the provisions of this Article and that the employer has 15working days within which to notify the Director that the employer wishes to:
a. Contest the citationor proposed assessment of penalty; or
b. Request an informalconference.
Followingan informal conference, unless the employer and Department have entered into asettlement agreement, the Director shall send the employer an amended citationor notice of no change. The employer has 15 working days from the receipt ofthe amended citation or notice of no change to notify the Director that theemployer wishes to contest the citation or proposed assessment of penalty,whether or not amended. If, within 15 working days from the receipt of thenotice issued by the Director, the employer fails to notify the Director thatthe employer requires an informal conference to be held or intends to contestthe citation or proposed assessment of penalty, and no notice is filed by anyemployee or representative of employees under the provisions of this Articlewithin such time, the citation and the assessment as proposed to theCommissioner shall be deemed final and not subject to review by any court.
(2) If the Director hasreason to believe that an employer has failed to correct a violation for whicha citation 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 theCommission in case of any review proceedings under this Article initiated bythe employer in good faith and not solely for a delay or avoidance ofpenalties), the Director shall notify the employer by certified mail withreturn receipt, by signature confirmation as provided by the U.S. PostalService, by a designated delivery service authorized pursuant to 26 U.S.C. §7502(f)(2) with delivery receipt, or via hand delivery of such failure and ofthe penalty proposed to be assessed under this Article by reason of suchfailure and that the employer has 15 working days within which to notify theDirector that the employer wishes to contest the Director's notification of theproposed assessment of penalty. If, within 15 working days from the receipt ofnotification issued by the Director, an employer fails to notify the Directorthat the employer intends to contest the notification or proposedrecommendation of penalty, the notification and the proposed assessment made bythe Director shall be final and not subject to review by any court.
(3) No citation may beissued under this section after the expiration of six months following theoccurrence of any violation.
(4) If an employernotifies the Director that the employer intends to contest a citation issuedunder the provisions of this Article or notification issued under theprovisions of this Article, or if, within 15 working days of the receipt of acitation under this Article, any employee or representative thereof files anotice with the Director alleging that the period of time fixed in the citationfor the abatement of the violation is unreasonable, the Director shallimmediately advise the Commission of such notification, and the Commissionshall afford an opportunity for a hearing. The Commission shall thereafterissue an order, based on findings of fact, affirming, modifying, or vacatingthe Director's citation or the proposed penalty fixed by the Commissioner, ordirecting other appropriate relief, and such order shall become final 30 daysafter its issuance. Upon showing by an employer of a good faith effort tocomply with the abatement requirements of a citation, and that an abatement hasnot been completed because of factors beyond the employer's reasonable control,the Director, after an opportunity for a hearing as provided in this Article,shall issue an order affirming or modifying the abatement requirements in suchcitation. The rules of procedure prescribed by the chairman of the Commissionshall provide affected employees or representatives of affected employees anopportunity to participate as parties to hearings under this section.
(5) Repealed by SessionLaws 1993, c. 300, s. 2.
(6) Each local unit of governmentshall report each violation for which it is issued a citation to its localgoverning board at its next public meeting and to its workers compensationinsurance carrier or to the risk pool of which it is a member pursuant toArticle 23 of Chapter 58 of the General Statutes. (1973, c. 295, s. 12; 1987(Reg. Sess., 1988), c. 1111, s. 11; 1991 (Reg. Sess., 1992), c. 1020, ss. 2, 3;1993, c. 300, s. 2; 2003‑308, s. 6; 2005‑133, ss. 6, 7; 2007‑231,s. 10.)