88.8 PROCEDURE FOR ENFORCEMENT.
1. Postinspection penalty notice. If, after an inspection or
an investigation, the commissioner issues a citation under section
88.7, the commissioner shall, within a reasonable time after the
termination of the inspection or investigation, notify the employer
by service in the same manner as an original notice or by certified
mail of the penalty, if any, proposed to be assessed under section
88.14 and that the employer has fifteen working days within which to
notify the commissioner that the employer wishes to contest the
citation or proposed assessment of penalties. If, within fifteen
working days from the receipt of the notice issued by the
commissioner, the employer fails to notify the commissioner that the
employer intends to contest the citation or proposed assessment of
penalty, and no notice is filed by any employees or authorized
employee representative under subsection 3 of this section within the
time specified, the citation and the assessment, as proposed, shall
be deemed a final order of the appeal board and not subject to review
by any court or agency.
2. Noncompliance notice. If the commissioner has reason to
believe that an employer has failed to correct the violation for
which a 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 the appeal board in the case of any review proceedings
under this section initiated by the employer in good faith and not
solely for delay or avoidance of penalties), the commissioner shall
notify the employer by service in the same manner as an original
notice or by certified mail of the failure and of the penalty
proposed to be assessed under section 88.14 by reason of the failure,
and that the employer has fifteen working days within which to notify
the commissioner that the employer wishes to contest the
commissioner's notification or the proposed assessment of penalty.
If, within fifteen working days from the receipt of notification
issued by the commissioner, the employer fails to notify the
commissioner that the employer intends to contest the notification or
proposed assessment of penalty, the notification and assessment, as
proposed, shall be deemed the final order of the appeal board and not
subject to review by any court or agency.
3. Contested notice.a. If an employer notifies the commissioner that the employer
intends to contest a citation issued under section 88.7, or
notification issued under subsection 1 or 2 of this section or if,
within fifteen working days of the issuance of a citation under
section 88.7, any employee or authorized employee representative
files a notice with the commissioner alleging that the period of time
fixed in the citation for the abatement of the violation is
unreasonable, the commissioner shall immediately advise the appeal
board of such notification, and the appeal board shall afford an
opportunity for a hearing.
b. At the hearing, the appeal board shall act as an
adjudicatory body. The appeal board 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, and such order shall become final thirty days
after its issuance.
c. Upon 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
employer's reasonable control, the commissioner, after an opportunity
for a hearing shall issue an order affirming or modifying the
abatement requirements in such citation.
d. The rules of procedure prescribed by the appeal board
shall provide affected employees or representatives of affected
employees an opportunity to participate as parties to hearings under
this subsection, and shall conform to rules of procedure adopted
under the federal law by federal authorities insofar as the federal
rules of procedure do not conflict with state law.
4. Withdrawal of citation or settlement. The commissioner
has unreviewable discretion to withdraw a citation charging an
employer with violating this chapter. If the parties enter into a
settlement agreement prior to a hearing, the employment appeal board
shall enter an order affirming the agreement.
88.8 PROCEDURE FOR ENFORCEMENT.
1. Postinspection penalty notice. If, after an inspection or
an investigation, the commissioner issues a citation under section
88.7, the commissioner shall, within a reasonable time after the
termination of the inspection or investigation, notify the employer
by service in the same manner as an original notice or by certified
mail of the penalty, if any, proposed to be assessed under section
88.14 and that the employer has fifteen working days within which to
notify the commissioner that the employer wishes to contest the
citation or proposed assessment of penalties. If, within fifteen
working days from the receipt of the notice issued by the
commissioner, the employer fails to notify the commissioner that the
employer intends to contest the citation or proposed assessment of
penalty, and no notice is filed by any employees or authorized
employee representative under subsection 3 of this section within the
time specified, the citation and the assessment, as proposed, shall
be deemed a final order of the appeal board and not subject to review
by any court or agency.
2. Noncompliance notice. If the commissioner has reason to
believe that an employer has failed to correct the violation for
which a 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 the appeal board in the case of any review proceedings
under this section initiated by the employer in good faith and not
solely for delay or avoidance of penalties), the commissioner shall
notify the employer by service in the same manner as an original
notice or by certified mail of the failure and of the penalty
proposed to be assessed under section 88.14 by reason of the failure,
and that the employer has fifteen working days within which to notify
the commissioner that the employer wishes to contest the
commissioner's notification or the proposed assessment of penalty.
If, within fifteen working days from the receipt of notification
issued by the commissioner, the employer fails to notify the
commissioner that the employer intends to contest the notification or
proposed assessment of penalty, the notification and assessment, as
proposed, shall be deemed the final order of the appeal board and not
subject to review by any court or agency.
3. Contested notice.a. If an employer notifies the commissioner that the employer
intends to contest a citation issued under section 88.7, or
notification issued under subsection 1 or 2 of this section or if,
within fifteen working days of the issuance of a citation under
section 88.7, any employee or authorized employee representative
files a notice with the commissioner alleging that the period of time
fixed in the citation for the abatement of the violation is
unreasonable, the commissioner shall immediately advise the appeal
board of such notification, and the appeal board shall afford an
opportunity for a hearing.
b. At the hearing, the appeal board shall act as an
adjudicatory body. The appeal board 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, and such order shall become final thirty days
after its issuance.
c. Upon 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
employer's reasonable control, the commissioner, after an opportunity
for a hearing shall issue an order affirming or modifying the
abatement requirements in such citation.
d. The rules of procedure prescribed by the appeal board
shall provide affected employees or representatives of affected
employees an opportunity to participate as parties to hearings under
this subsection, and shall conform to rules of procedure adopted
under the federal law by federal authorities insofar as the federal
rules of procedure do not conflict with state law.
4. Withdrawal of citation or settlement. The commissioner
has unreviewable discretion to withdraw a citation charging an
employer with violating this chapter. If the parties enter into a
settlement agreement prior to a hearing, the employment appeal board
shall enter an order affirming the agreement.
88.8 PROCEDURE FOR ENFORCEMENT.
1. Postinspection penalty notice. If, after an inspection or
an investigation, the commissioner issues a citation under section
88.7, the commissioner shall, within a reasonable time after the
termination of the inspection or investigation, notify the employer
by service in the same manner as an original notice or by certified
mail of the penalty, if any, proposed to be assessed under section
88.14 and that the employer has fifteen working days within which to
notify the commissioner that the employer wishes to contest the
citation or proposed assessment of penalties. If, within fifteen
working days from the receipt of the notice issued by the
commissioner, the employer fails to notify the commissioner that the
employer intends to contest the citation or proposed assessment of
penalty, and no notice is filed by any employees or authorized
employee representative under subsection 3 of this section within the
time specified, the citation and the assessment, as proposed, shall
be deemed a final order of the appeal board and not subject to review
by any court or agency.
2. Noncompliance notice. If the commissioner has reason to
believe that an employer has failed to correct the violation for
which a 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 the appeal board in the case of any review proceedings
under this section initiated by the employer in good faith and not
solely for delay or avoidance of penalties), the commissioner shall
notify the employer by service in the same manner as an original
notice or by certified mail of the failure and of the penalty
proposed to be assessed under section 88.14 by reason of the failure,
and that the employer has fifteen working days within which to notify
the commissioner that the employer wishes to contest the
commissioner's notification or the proposed assessment of penalty.
If, within fifteen working days from the receipt of notification
issued by the commissioner, the employer fails to notify the
commissioner that the employer intends to contest the notification or
proposed assessment of penalty, the notification and assessment, as
proposed, shall be deemed the final order of the appeal board and not
subject to review by any court or agency.
3. Contested notice.a. If an employer notifies the commissioner that the employer
intends to contest a citation issued under section 88.7, or
notification issued under subsection 1 or 2 of this section or if,
within fifteen working days of the issuance of a citation under
section 88.7, any employee or authorized employee representative
files a notice with the commissioner alleging that the period of time
fixed in the citation for the abatement of the violation is
unreasonable, the commissioner shall immediately advise the appeal
board of such notification, and the appeal board shall afford an
opportunity for a hearing.
b. At the hearing, the appeal board shall act as an
adjudicatory body. The appeal board 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, and such order shall become final thirty days
after its issuance.
c. Upon 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
employer's reasonable control, the commissioner, after an opportunity
for a hearing shall issue an order affirming or modifying the
abatement requirements in such citation.
d. The rules of procedure prescribed by the appeal board
shall provide affected employees or representatives of affected
employees an opportunity to participate as parties to hearings under
this subsection, and shall conform to rules of procedure adopted
under the federal law by federal authorities insofar as the federal
rules of procedure do not conflict with state law.
4. Withdrawal of citation or settlement. The commissioner
has unreviewable discretion to withdraw a citation charging an
employer with violating this chapter. If the parties enter into a
settlement agreement prior to a hearing, the employment appeal board
shall enter an order affirming the agreement.
