127-1.1 - Notice of Protest

127-1.1. Notice of Protest

A Notice of Protest must be in writing and signed by the protesting party, counsel for the protesting party, or any authorized representative. The notice does not have to be a formal petition but may be a memorandum, letter, or other writing which states the protest of the party. The notice must be mailed or delivered to the Director of OSH/Compliance, South Carolina Department of Labor, 3600 Forest Drive, Post Office Box 11329, Columbia, South Carolina 29211.

A. The Notice of Protest should include:

1. The name and address of protesting party.

2. The address of the worksite for which the citation was issued, the penalty proposed or period of abatement set.

3. The date and number of the citation, proposed penalty or period of abatement.

4. A brief statement of facts regarding the protest of the citation, abatement dates, or proposed penalties.

5. A request, either expressed or implied, for a hearing regarding the citation, abatement date, penalty, or any combination thereof.

B. In cases involving a protest by an employer, the employer shall on the day the Notice of Protest is mailed or delivered as required herein, post a copy of the Notice of Protest adjacent to the citation being protested. In all other cases, a copy of the Notice of Protest shall be mailed or delivered to the affected employer on the day the same is mailed or delivered as required herein.

C. Within three (3) days of the receipt of the Notice of Protest, the same shall be filed by the Director of OSH/Compliance, South Carolina Department of Labor, with the Administrative Law Clerk of the Occupational Health and Safety Review Board.

D. Signature of Record on a Notice of Protest does not constitute compliance with Section 127-1.5. A separate written notice must be given in order to serve as a representative of a party or as an intervenor.

(Amended by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997.)

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