Sec. 35.3. (a) When a dispute has been certified to the board by the commissioner pursuant to section 28.5 of this chapter, the board shall promptly schedule a hearing according to rules of procedure issued by the board, giving reasonable notice thereof to the employer and to the affected employee, or representative of employees.

     (b) An employee or his authorized representative, even though he has not previously filed a petition for review, shall be permitted to intervene under IC 4-21.5-3-21 and participate as a party in said hearing, provided such intervention is timely and will not unduly delay the proceeding.

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Terms Used In Indiana Code 22-8-1.1-35.3

  • Board: means the board of safety review created by this chapter. See Indiana Code 22-8-1.1-1
  • 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
     (c) Notwithstanding IC 4-21.5-5-2, an employee or authorized representative is entitled to file a petition for judicial review under IC 4-21.5-5 only concerning the time fixed for abatement of a violation.

     (d) An employer may intervene under IC 4-21.5-3-21 in a proceeding initiated by a petition for review of an employee or representative of an employee.

Formerly: Acts 1973, P.L.241, SEC.38. As amended by P.L.34-1988, SEC.13.