24 NCAC 03 .0303             CITATION

(a)  The Commissioner of Labor shall serve on the Respondent a citation stating each standard, regulation, or section of the Act allegedly violated, a description of the alleged violation, and the date by which the violation must be corrected.

(b)  A recipient of the citation shall have 15 working days from receipt of such citation to file his notice of contest with the Commissioner of Labor. Failure to file a notice of contest within a specified time shall be deemed waiver of Respondent's right to contest the citation.

(c)  The Commissioner of Labor shall, within 10 working days of receipt of a notice of contest, transmit the original to the Review Commission, together with copies of the citation and proposed penalty. The notice of contest shall include the employer's name, physical address and mailing address, email address, and telephone number.

(d)  After the notice of contest is filed, the Review Commission shall send the employer a form entitled Statement of Employer's/Respondent's Position. The Statement of Employer's/Respondent's Position must include information sufficient to:

(1)           notify the employer and other interested persons that the North Carolina Department of Labor has issued a citation alleging that the employer violated a particular standard(s), including the date of the alleged violation(s);

(2)           determine whether the employer admits or denies each of the charges or admits the violation but contests the amount of the proposed penalty for that violation; and

(3)           advise the employer of the consequences of failing to complete and return the form, using a statement such as:

IF YOU DO NOT RESPOND IN WRITING WITH EITHER THIS FORM OR YOUR OWN STATEMENT OF POSITION BY PROVIDING IT TO THE REVIEW COMMISSION, POSTMARKED OR DELIVERED OR EMAILED, WITHIN 20 DAYS FROM THE DAY YOU RECEIVED THIS FORM, YOUR RIGHT TO CONTEST THE NORTH CAROLINA DEPARTMENT OF LABOR'S ALLEGATIONS IS LOST.

The employer must complete the form in accordance with its instructions and return it to:

North Carolina Occupational Safety and Health Review Commission

1101 Mail Service Center

Raleigh, North Carolina 27699-1101; or

NCOSHRC@oshrc.labor.nc.gov (if by email)

A copy shall also be mailed to:

N.C. Department of Justice

Labor Section

P.O. Box 629

Raleigh, North Carolina 27602.

(e)  Any notice of contest shall be deemed to adequately raise any issue as to the alleged violation or proposed penalty but the employer will be limited to the specifics set out in the Statement of Employer's/Respondent's Position.

(f)  In the Statement of Employer's/Respondent's Position the employer must request formal pleadings under Rule .0303 of this Section if desired. If the Respondent desires formal pleadings, the Complainant must file a complaint within 20 days of receipt of the Statement of Employer's/Respondent's Position.

(g)  The form for Statement of Employer's/Respondent's Position shall be provided to the employer with the Notice of Docketing.

History Note:        Authority G.S. 95-135;

Temporary Rule Eff. October 2, 1991 For a Period of 180 Days to Expire on March 30, 1992;

Eff. February 3, 1992;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 16, 2014;

Amendment Eff. October 1, 2024.