Tenn. Comp. R. & Regs. 0800-01-04-.19 - FAILURE TO CORRECT
(1) If an
inspection discloses that an employer has failed to correct an alleged
violation for which a citation has been issued within the period permitted for
its correction, the Commissioner shall notify the employer by certified mail or
by personal service by the compliance officer of such failure and of the
additional penalty proposed under T.C.A. §
50-3-404
by reason of such failure. The period for the correction of a violation for
which a citation has been issued shall not begin to run until the entry of a
final order of the TOSHRC in the case of any review proceedings initiated by
the employer in good faith and not solely for delay or avoidance of
penalties.
(2) Any employer
receiving a notification of failure to correct a violation and of proposed
additional penalty may, under T.C.A. §
50-3-407,
notify the Commissioner in writing that he intends to contest such notification
or proposed additional penalty before the TOSHRC. Such notice of intention to
contest shall be postmarked within twenty (20) days of the receipt by the
employer of the notification of failure to correct a violation and of proposed
additional penalty. The Commissioner shall immediately transmit such notice to
the TOSHRC in accordance with the rules of procedure prescribed by the
Commission.
(3) Each notification
of failure to correct a violation and of proposed additional penalty shall
state that it shall be deemed to be the final order of the TOSHRC and not
subject to review by any court or agency unless, within twenty (20) days from
the date of receipt of such notification, the employer notifies the
Commissioner in writing that he intends to contest the notification or the
proposed additional penalty before the TOSHRC.
Notes
Authority: T.C.A. §§ 4-3-1411, 50-3-307, and 50-3-407.
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