Minnesota Administrative Rules
Agency 151 - Labor and Industry Department
Chapter 5210 - OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
CONTESTED CASE HEARINGS
Part 5210.0595 - HEARING
Universal Citation: MN Rules 5210.0595
Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1. Notice of hearing and order.
When the matter is scheduled for hearing before an administrative law judge, the commissioner shall serve on all parties, and the employer if the employer is not a party, a written notice and order of hearing under part 1400.5600, and all further proceedings must be conducted under chapter 1400 and Minnesota Statutes, chapter 14.
Subp. 2. Notice of hearing.
A. A copy of
the notice of hearing to be held before an administrative law judge must be
posted by the employer within five days of receipt in the same place where the
citation and notification of penalty is required to be posted. The notice of
hearing must remain posted until the date of the hearing or earlier final
disposition of the contest.
B. If
there are any affected employees who are represented by an authorized employee
representative, the employer shall, within five days of receipt, serve a copy
of the notice of hearing on the representative.
C. Certification of the service and posting
required by this subpart must be filed with the commissioner and served on the
administrative law judge within five days of receipt of the notice of hearing.
If the employer fails to certify service and posting, the administrative law
judge may, on a motion by one of the parties or on the judge's own motion,
render a default judgment in favor of the commissioner.
Statutory Authority: MS s 182.657
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