Indiana Code 22-8-1.1-28.3. Affirmation, amendment, or dismissal of safety order or penalty; petition for review
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Sec. 28.3. (a) When a petition for review is filed, the commissioner shall have five (5) working days in which to affirm, amend, or dismiss the safety order and penalty, if any, or the notice of failure to correct violation. Notice of his action shall be served on the employer and upon any employee, or representative of employees, who has filed a petition for review. The notice shall be posted at or near the place of the alleged violation in such a manner that affected employees may become aware of it.
(c) The employer and any employee or representatives of employees may file a written petition for review under IC 4-21.5-3-7 to such amended safety order and penalty, if any, or the notice of failure to correct violation. The written petition for review must be filed with the commissioner within fifteen (15) working days from the date of receipt of such amended safety order and penalty, if any, or the notice of failure to correct violation. The commissioner shall then grant or deny the petition for review under IC 4-21.5-3-7.
(b) If the commissioner affirms the safety order and penalty, if any, or the notice of failure to correct violation, the commissioner shall also grant or deny the petition for review under the provisions of IC 4-21.5-3-7. If the commissioner amends the safety order and penalty, if any, or the notice of failure to correct violation, the petition for review shall be considered moot. The commissioner shall give notice of the amended order and penalty under IC 4-21.5-3-6.
Terms Used In Indiana Code 22-8-1.1-28.3
- Commissioner: means the commissioner of labor or the commissioner's duly designated representative. See Indiana Code 22-8-1.1-1
- Employee: means a person permitted to work by an employer in employment. See Indiana Code 22-8-1.1-1
- Employer: means any individual or type of organization, including the state and all its political subdivisions, that has in its employ one (1) or more individuals. See Indiana Code 22-8-1.1-1
- Safety order: refers to a notice issued to employers by the commissioner of labor for alleged violations of this chapter, including any health and safety standards. See Indiana Code 22-8-1.1-1
Formerly: Acts 1973, P.L.241, SEC.29. As amended by P.L.34-1988, SEC.7.