3-3112. Enforcement procedure

A. If the director, after an inspection or investigation, issues a citation pursuant to section 3-3110, the director shall notify the employer by mail, within a reasonable time after termination of the inspection or investigation, of any penalty proposed to be assessed pursuant to section 3-3113 and that the employer has thirty days within which to request a hearing pursuant to title 41, chapter 6, article 10 if the employer wishes to appeal the citation or proposed assessment of penalty.

B. The period permitted for correction of a violation does not begin to run until the entry of a final order in the case of any review proceedings pursuant to this section initiated by the employer in good faith and not solely for delay or avoidance of penalties. If the director has reason to believe that an employer has failed to correct a violation for which a citation has been issued within the period permitted, the director shall notify the employer by mail of such failure, of the penalty proposed to be assessed pursuant to section 3-3113 and that the employer has thirty days within which to request a hearing pursuant to title 41, chapter 6, article 10 if the employer wishes to appeal the notification or proposed assessment of penalty.

C. An affected employee or employee representative may request a hearing to appeal the period allowed an employer to abate a particular violation if the employee or employee representative requests the hearing within the abatement period allowed in the citation or within thirty days from the date of receipt of the citation, whichever is shorter.

D. On a showing by an employer of a good faith effort to comply with the abatement requirements of a citation, and that abatement has not been completed because of factors beyond the reasonable control of the employer, the department or its authorized designee, after an opportunity for a hearing, shall issue an order affirming or modifying the abatement requirements in the citation. The department shall provide affected employees or representatives of affected employees with an opportunity to participate as parties to hearings under this subsection.