Title 803 | Chapter 002 | Regulation 140
803 KAR 2:140.Contest of citation.
Section 1.
Definitions.(1)
"Commissioner" is defined by KRS 338.015.(2)
"Employee" is defined by KRS 338.015(2).(3)
"Employer" is defined by KRS 338.015(1).(4)
"Review commission" is defined by KRS 339.015(8).(5)
"Working days" means Monday through Friday and does not include Saturday, Sunday, federal or state holidays, and the day of receipt of notice.Section 2.
Procedure.(1)
(a)
An employer that receives a citation may notify the commissioner in writing that she or he contests the citation, proposed penalty, or both.(b)
The notice of contest shall be transmitted by the employer within fifteen (15) working days of receipt of citation.(c)
The notice of contest shall specify whether it is directed to the citation, proposed penalty, or both.(d)
The commissioner shall immediately transmit the notice to the review commission in accordance with the rules of procedure prescribed by the commission in accordance with KRS 338.071.(2)
Any employee or representative of employees of an employer that receives a citation may notify the commissioner in writing that she or he contest the:(a)
Time established in the citation for the abatement of the violation; or(b)
Citation, or proposed penalty, or both.(3)
(a)
The notice shall be postmarked within fifteen (15) working days of the receipt by the employer of the notice of the citation.(b)
The commissioner shall immediately transmit the notice to the review commission in accordance with the rules of procedure prescribed by the commission in accordance with KRS 338.071.HISTORY: (OSH 114-1; 1 Ky.R. 162; eff. 12-11-1974; TAm eff. 8-9-2007; TAm eff.9-8-2011; 47 Ky.R. 2674; 48 Ky.R. 809; eff. 11-30-2021.)
803 KAR 2:140.Contest of citation.
Section 1.
Definitions.(1)
"Commissioner" is defined by KRS 338.015.(2)
"Employee" is defined by KRS 338.015(2).(3)
"Employer" is defined by KRS 338.015(1).(4)
"Review commission" is defined by KRS 339.015(8).(5)
"Working days" means Monday through Friday and does not include Saturday, Sunday, federal or state holidays, and the day of receipt of notice.Section 2.
Procedure.(1)
(a)
An employer that receives a citation may notify the commissioner in writing that she or he contests the citation, proposed penalty, or both.(b)
The notice of contest shall be transmitted by the employer within fifteen (15) working days of receipt of citation.(c)
The notice of contest shall specify whether it is directed to the citation, proposed penalty, or both.(d)
The commissioner shall immediately transmit the notice to the review commission in accordance with the rules of procedure prescribed by the commission in accordance with KRS 338.071.(2)
Any employee or representative of employees of an employer that receives a citation may notify the commissioner in writing that she or he contest the:(a)
Time established in the citation for the abatement of the violation; or(b)
Citation, or proposed penalty, or both.(3)
(a)
The notice shall be postmarked within fifteen (15) working days of the receipt by the employer of the notice of the citation.(b)
The commissioner shall immediately transmit the notice to the review commission in accordance with the rules of procedure prescribed by the commission in accordance with KRS 338.071.HISTORY: (OSH 114-1; 1 Ky.R. 162; eff. 12-11-1974; TAm eff. 8-9-2007; TAm eff.9-8-2011; 47 Ky.R. 2674; 48 Ky.R. 809; eff. 11-30-2021.)