A. At
the time of filing pleadings or other documents a copy thereof shall be served
by the filing party on every other interested party.
B. Service upon An interested party who has
appeared through a representative shall be made only upon such
representative.
C. Unless otherwise
herein indicated, service may be accomplished by (1) postage prepaid first
class mail; (2) by personal delivery; or (3) with an interested party's
consent, transmission by e-mail. Service is deemed effected at the time of
mailing or e-mailing (if by mail or e-mail) or at the time of personal delivery
(if by personal delivery).
D. Proof
of service shall be accomplished by a written statement of the same which sets
forth the date and manner of service. Such statement shall be filed with the
pleading or document.
E. Service
and notice to employees represented by an authorized employee representative
shall be deemed accomplished by serving the authorized employee representative
in the manner prescribed in subsection (C).
F. In the event that there are any affected
employees who are not represented by an authorized employee representative, the
employer shall, immediately upon receipt of notice of the time and place of
hearing, post, where the citation is required to be posted, a copy of the
notice of the time and place of hearing and a notice informing such affected
employees of their right to appear at the hearing and state their position and
of the availability of all pleadings for inspection and copying at reasonable
times. A notice in the following form shall be deemed to comply with this
subsection: (Name of employer)
Your employer has been cited by the Arizona Division of
Occupational Safety and Health for violating the Arizona Occupational Safety
and Health Act of 1972. The citation has been contested and will be the subject
of a hearing before the Arizona Office of Administrative Hearings. Affected
employees are entitled to appear in this hearing under the terms and conditions
established by the Industrial Commission and the Arizona Office of
Administrative Hearings in published rules of procedure. Notice of Intent to
Participate should be sent to:
Arizona Office of Administrative Hearings
1740 West Adams Street, Lower Level,
Phoenix, Arizona 85007.
All papers relevant to this matter may be inspected
at:
(Place reasonably convenient to employees, preferably at or
near workplace.)
Where appropriate, the second sentence of the above Notice
may be deleted and the following sentence will be substituted: The
reasonableness of the period prescribed by the Industrial Commission for
abatement of the violation has been contested and will be the subject of a
hearing before the Arizona Office of Administrative Hearings.
G. Where service is accomplished by posting,
proof of such posting shall be filed with OAH not later than five days
following the posting.
H. The
authorized employee representative, if any, shall be served with the proof of
posting set forth in subsection (G) and with a copy of the notice of time and
place of hearing.
I.
A copy of the Notice of the Date of Hearing shall be
served by the employer on affected employees who are not represented by an
authorized employee representative by posting a copy of the Notice of such
hearing at or near the place where the citation is required to be
posted.
J.I. A copy of the
notice of time and place of hearing shall be served by the employer on the
authorized employee representative of affected employees in the manner
prescribed in subsection (C) of this Section, if the employer has not been
informed that the authorized employee representative has entered an appearance
with OAH as of the date such notice is received by the employer.
K.J. Where a
request for hearing is filed by an affected employee who is not represented by
an authorized employee representative and there are other affected employees
who are represented by an authorized employee representative, the unrepresented
employee shall, upon receipt of the notice of time and place of hearing, serve
a copy thereof on such authorized employee representative in the manner
prescribed in subsection (C) of this Section and shall file proof of such
service with OAH.
L.K. Where a
request for hearing is filed by an affected employee or an authorized employee
representative, a copy of the request for hearing shall be provided to the
employer for posting by the employer at the place the citation is required to
be posted.
M.L. An authorized
employee representative who files a request for hearing shall be responsible
for serving any other authorized employee representative whose members are
affected employees.
N.M. Where posting
is required by this Section, such posting shall be maintained until the
commencement of the hearing or until earlier disposition.
