South Carolina Code of Regulations
Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR
Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS
Subarticle 4 - ENFORCEMENT OF VIOLATIONS
Section 71-407 - Employer or Employee Contest
Current through Register Vol. 48, No. 3, March 22, 2024
A. Any employer to whom a citation or notice of penalty has been issued may request a contested case hearing in which it does contest such citation, proposed penalty, abatement date, or any combination thereof in accordance with the rules of procedure of Articles 3 and 5 of Chapter 23, Title 1 and the rules of the Administrative Law Court. The request for a contested case hearing shall be filed within thirty (30) days after the receipt of the citation issued by the Compliance Manager. The employer shall provide a copy of the filed request for a contested case hearing to the Compliance Manager.
B. Any employee or any employee representative of an employer to whom a citation or notice of penalty has been issued, may request for a contested case hearing in which it does contest such abatement date in accordance with the rules of procedure of Articles 3 and 5 of Chapter 23, Title 1 and the rules of the Administrative Law Court. The employee or any employee representative of an employer shall provide a copy of the filed request for a contested hearing to the Administrator.
C. Where the employer, employee or employee representative fails to file a request for a contested case hearing pursuant to the rules of procedure of the Administrative Law Court, the citation and penalty shall be deemed a final order not subject to administrative review.
