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U.S. Code as of:
01/19/04
Section 659. Enforcement procedures
(a) Notification of employer of proposed assessment of penalty
subsequent to issuance of citation; time for notification of
Secretary by employer of contest by employer of citation or
proposed assessment; citation and proposed assessment as final
order upon failure of employer to notify of contest and failure
of employees to file notice
If, after an inspection or investigation, the Secretary issues a
citation under section 658(a) of this title, he shall, within a
reasonable time after the termination of such inspection or
investigation, notify the employer by certified mail of the
penalty, if any, proposed to be assessed under section 666 of this
title and that the employer has fifteen working days within which
to notify the Secretary that he wishes to contest the citation or
proposed assessment of penalty. If, within fifteen working days
from the receipt of the notice issued by the Secretary the employer
fails to notify the Secretary that he intends to contest the
citation or proposed assessment of penalty, and no notice is filed
by any employee or representative of employees under subsection (c)
of this section within such time, the citation and the assessment,
as proposed, shall be deemed a final order of the Commission and
not subject to review by any court or agency.
(b) Notification of employer of failure to correct in allotted time
period violation for which citation was issued and proposed
assessment of penalty for failure to correct; time for
notification of Secretary by employer of contest by employer of
notification of failure to correct or proposed assessment;
notification or proposed assessment as final order upon failure
of employer to notify of contest
If the Secretary has reason to believe that an employer has
failed to correct a 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 Commission
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 Secretary shall notify the employer by certified
mail of such failure and of the penalty proposed to be assessed
under section 666 of this title by reason of such failure, and that
the employer has fifteen working days within which to notify the
Secretary that he wishes to contest the Secretary's notification or
the proposed assessment of penalty. If, within fifteen working days
from the receipt of notification issued by the Secretary, the
employer fails to notify the Secretary that he intends to contest
the notification or proposed assessment of penalty, the
notification or proposed assessment of penalty, the notification
and assessment, as proposed, shall be deemed a final order of the
Commission and not subject to review by any court or agency.
(c) Advisement of Commission by Secretary of notification of
contest by employer of citation or notification or of filing of
notice by any employee or representative of employees; hearing by
Commission; orders of Commission and Secretary; rules of
procedure
If an employer notifies the Secretary that he intends to contest
a citation issued under section 658(a) of this title or
notification issued under subsection (a) or (b) of this section, or
if, within fifteen working days of the issuance of a citation under
section 658(a) of this title, any employee or representative of
employees files a notice with the Secretary alleging that the
period of time fixed in the citation for the abatement of the
violation is unreasonable, the Secretary shall immediately advise
the Commission of such notification, and the Commission shall
afford an opportunity for a hearing (in accordance with section 554
of title 5 but without regard to subsection (a)(3) of such
section). The Commission shall thereafter issue an order, based on
findings of fact, affirming, modifying, or vacating the Secretary's
citation or proposed penalty, or directing other appropriate
relief, and such order shall become final thirty days after its
issuance. 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 his
reasonable control, the Secretary, after an opportunity for a
hearing as provided in this subsection, shall issue an order
affirming or modifying the abatement requirements in such citation.
The rules of procedure prescribed by the Commission shall provide
affected employees or representatives of affected employees an
opportunity to participate as parties to hearings under this
subsection.
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