Vermont Statutes Title 21 Sec. 226
Terms Used In Vermont Statutes Title 21 Sec. 226
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Commissioner: means the Commissioner of Labor or designee. See
- Employee: means any person engaged in service to an employer for wages, salary or other compensation, excluding an independent contractor. See
- Employer: means a person, as hereinafter defined, who employs one or more persons. See
- Review Board: means the Occupational Safety and Health Review Board. See
§ 226. Enforcement
(a)(1) An employer shall, within 20 days after personal service or receipt of a citation issued under section 225 of this title, notify the Commissioner that he or she wishes to appeal the citation or proposed penalty.
(2) If an employer does not notify the Commissioner as provided in this subsection and an employee does not file a notice under subsection (c) of this section, the citation and penalty, as proposed, shall be deemed a final order of the Review Board and not subject to review by any court or agency.
(b)(1)(A) If the Commissioner on inspection or investigation finds that an employer has failed to correct a violation for which a citation has been issued within the period permitted for its correction, the Commissioner shall notify the employer by certified mail of the failure and of the penalty proposed to be assessed under section 210 of this title by reason of the failure.
(B) The period to correct a violation shall begin to run:
(i) when a final order is entered by the Review Board in relation to review proceedings under this section that are initiated by an employer in good faith and not solely for delay or avoidance of penalties; or
(ii) on the day the citation and penalty become final under subsection (a) of this section.
(2) The employer shall have 20 days after the receipt of the notice to notify the Commissioner that he or she wishes to appeal the Commissioner’s citation or the proposed penalty. If, within 20 days from the receipt of the notification issued by the Commissioner, the employer fails to notify the Commissioner that he or she intends to appeal, the citation and assessment, as proposed, shall be deemed a final order of the Review Board and not subject to review by any court or agency.
(c) If an employer notifies the Commissioner that the employer intends to contest a citation issued under section 225 of this title, or if, within 20 days after the issuance of a citation under section 225 of this title, any employee or representative of employees files a notice with the Commissioner alleging that the period of time fixed in the citation for the abatement of the violation is unreasonable, the Commissioner shall immediately advise the Review Board of the notification and the Review Board shall afford an opportunity for a hearing. Unless a notice is timely filed, the proposed penalty and, in appropriate cases, the citation shall be deemed a final order of the Review Board not subject to review by any court or agency.
(d) After hearing an appeal, the Review Board shall issue an order based on findings of fact that affirms, modifies, or vacates the Commissioner’s citation or proposed penalty, or both, or provides other appropriate relief. The order shall become final 30 days after its issuance unless judicial review is timely taken under section 227 of this title. The rules of procedure adopted by the Review Board shall provide affected employees or their representatives with an opportunity to participate as parties in a hearing under this subsection. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 1973, No. 214 (Adj. Sess.), § 13; 2017, No. 148 (Adj. Sess.), § 7, eff. May 21, 2018; 2021, No. 20, § 215.)