3-3112. Enforcement procedure
A. If the director, after an inspection or investigation, issues a citation
pursuant to section 3-3110, the director shall notify the employer by mail, within a
reasonable time after termination of the inspection or investigation, of any penalty
proposed to be assessed pursuant to section 3-3113 and that the employer has thirty days
within which to request a hearing pursuant to title 41, chapter 6, article 10 if the
employer wishes to appeal the citation or proposed assessment of penalty.
B. The period permitted for correction of a violation does not begin to run until
the entry of a final order in the case of any review proceedings pursuant to this section
initiated by the employer in good faith and not solely for delay or avoidance of
penalties. If the director has reason to believe that an employer has failed to correct a
violation for which a citation has been issued within the period permitted, the director
shall notify the employer by mail of such failure, of the penalty proposed to be assessed
pursuant to section 3-3113 and that the employer has thirty days within which to request
a hearing pursuant to title 41, chapter 6, article 10 if the employer wishes to appeal
the notification or proposed assessment of penalty.
C. An affected employee or employee representative may request a hearing to appeal
the period allowed an employer to abate a particular violation if the employee or
employee representative requests the hearing within the abatement period allowed in the
citation or within thirty days from the date of receipt of the citation, whichever is
shorter.
D. On a showing by an employer of a good faith effort to comply with the abatement
requirements of a citation, and that abatement has not been completed because of factors
beyond the reasonable control of the employer, the department or its authorized designee,
after an opportunity for a hearing, shall issue an order affirming or modifying the
abatement requirements in the citation. The department shall provide affected employees
or representatives of affected employees with an opportunity to participate as parties to
hearings under this subsection.
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