338.141 Issuance of citation by commissioner -- Time limitation for issuance of

373 words·~2 min read·/ky/338-141

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

citation -- Additional time for compliance -- Hearing.

(1)If upon inspection an authorized representative of the commissioner finds that an

employer has violated any requirement of this chapter, a citation shall be issued to

the employer. Each citation shall describe with particularity the alleged violation,

including a reference to the provision of the act, standard, rule, or administrative

regulation alleged to have been violated. Each citation shall establish the time

period permitted for correction of the alleged violation by fixing a reasonable date

for elimination of the alleged violation and may propose a civil penalty to be paid.

If within fifteen

(15)working days from the receipt of the citation an employer,

employee, or the employees' representative fails to notify the commissioner that he

or she intends to contest the citation, then the citation shall be deemed a final order

of the review commission and not be subject to review by any court or agency.

(2)Any citation or a notice of a de minimis violation shall be promptly issued after the

inspection. A citation or a notice of a de minimis violation shall not be issued more

than six

(6)months after the occurrence of any alleged violation. As used in this

subsection, a de minimis violation is a violation that has no direct or immediate

relationship to safety or health. A citation that is issued under this section shall not

be classified as a repeated violation when issued more than three

(3)consecutive

years from the final order date of the previous citation.

(3)The commissioner, upon determination that an employer is acting in good faith to

correct the cited violation, may grant additional time for correction upon application

by the employer.

(4)If an employer, employee, or the employees' representative notifies the

commissioner that he or she intends to challenge a citation issued under this section

or under KRS 338.131, the commissioner shall notify the review commission of

such notification and the review commission shall afford an opportunity for a

hearing.

(5)In the case of any review proceedings initiated by an employer, employee, or the

employees' representative under this chapter, the time period permitted for

correction of cited violations shall be tolled until the conclusion of the action.