Made available by
Touch N' Go Systems, Inc., and the
Law Offices of James B. Gottstein.
You can also go to The Alaska Legal Resource Center or search the entire website search.
|
(a) A citation, notice of proposed penalty, or notice of abatement date is final unless the employer, an affected employee, or an authorized employee representative files a notice of contest. An affected employee or an authorized representative may contest only abatement dates.
(b) A notice of contest must be in writing and must be postmarked or personally delivered to the department within 15 working days of receipt by the employer of the citation, notice of proposed penalty, or notice of abatement date. A notice of contest must contain
(1) a specification of the citation, proposed penalty, or abatement date being contested;
(2) a concise statement of fact giving the reason for the contest; and
(3) any views or arguments on any issue of fact or law presented.
(c) For the purposes of this section, the term "proposed penalty" includes a notice of assessment of additional penalty for failure to abate.
(d) Mailing or personally delivering a notice of contest with the department satisfies the requirement of filing the notice of contest with the board. The department will transmit the notice of contest to the board or its authorized designee in accordance with procedures that the board may establish. If a notice of contest is filed by an employer, a copy of it must be mailed or personally delivered by the employer to any authorized employee representatives and must be posted at the place of employment where notices to employees are customarily posted. If a notice of contest is filed by an employee or employee representative, a copy of it must be mailed or personally delivered by the employee or employee representative to the employer.
(e) Repealed 12/2/94.
(f) A notice of contest that is not timely filed in accordance with this section must include a statement of the reasons why the notice of contest was untimely filed. The department will promptly transmit a late notice of contest to the board and will state in writing whether it opposes the board's acceptance of the late notice of contest. After review of the submissions, the board shall issue a written order accepting or rejecting the late notice of contest.
History: Eff. 1/10/75, Register 53; am 1/4/78, Register 64; am 10/2/83, Register 87; am 12/2/94, Register 132
Authority: AS 18.60.020
Editor's note: The address for mailing or personally delivering notices of contest to the department is Department of Labor and Workforce Development, division of labor standards and safety, occupational safety and health section, 3301 Eagle Street, P.O. Box 107022, Anchorage, Alaska 99510-7022.
As of Register 151 (October 1999), the regulations attorney made technical revisions under AS 44.62.125 (b)(6) to reflect the name change of the Department of Labor to the Department of Labor and Workforce Development made by ch. 58, SLA 1999 and the corresponding title change of the commissioner of labor.
Note to HTML Version:
The Alaska Administrative Code was automatically converted to HTML from a plain text format. Every effort has been made to ensure its accuracy, but neither Touch N' Go Systems nor the Law Offices of James B. Gottstein can be held responsible for any possible errors. This version of the Alaska Administrative Code is current through June, 2006.
If it is critical that the precise terms of the Alaska Administrative Code be known, it is recommended that more formal sources be consulted. Recent editions of the Alaska Administrative Journal may be obtained from the Alaska Lieutenant Governor's Office on the world wide web. If any errors are found, please e-mail Touch N' Go systems at E-mail. We hope you find this information useful. Copyright 2006. Touch N' Go Systems, Inc. All Rights Reserved.
Last modified 7/05/2006