Section 8 AAC 61.150 - Notice of contest(a) A citation, notice of proposed penalty, or notice of abatement date is final unless the employer, an affected employee, or an authorized employee representative files a notice of contest. An affected employee or an authorized representative may contest only abatement dates.(b) A notice of contest must be in writing and must be postmarked, received by facsimile transmission, received by electronic mail, or personally delivered to the department within 15 working days after receipt by the employer of the citation, notice of proposed penalty, or notice of abatement date. A notice of contest must contain (1) a specification of the citation, proposed penalty, or abatement date being contested;(2) a concise statement of fact giving the reason for the contest; and(3) any views or arguments on any issue of fact or law presented.(c) For the purposes of this section, the term "proposed penalty" includes a notice of assessment of additional penalty for failure to abate.(d) Mailing or personally delivering a notice of contest to the department, or receipt by the department of a notice of contest by facsimile transmission or electronic mail, satisfies the requirement of filing the notice of contest with the board. The department will transmit the notice of contest to the board or its authorized designee in accordance with procedures that the board may establish. If a notice of contest is filed by an employer, a copy of it must be mailed or personally delivered by the employer to any authorized employee representatives and must be posted at the place of employment where notices to employees are customarily posted. If a notice of contest is filed by an employee or employee representative, a copy of it must be mailed or personally delivered by the employee or employee representative to the employer.(f) A notice of contest that is not timely filed in accordance with this section must include a statement of the reasons why the notice of contest was untimely filed. The department will promptly transmit a late notice of contest to the board and will state in writing whether it opposes the board's acceptance of the late notice of contest. After review of the submissions, the board shall issue a written order accepting or rejecting the late notice of contest.Eff. 1/10/75, Register 53; am 1/4/78, Register 64; am 10/2/83, Register 87; am 12/2/94, Register 132; am 7/28/2013, Register 207The address for mailing or personally delivering notices of contest to the department is Department of Labor and Workforce Development, division of labor standards and safety, occupational safety and health section, 3301 Eagle Street, P.O. Box 107022, Anchorage, Alaska 99510-7022.
As of Register 151 (October 1999), the regulations attorney made technical revisions under AS 44.62.125(b)(6) to reflect the name change of the Department of Labor to the Department of Labor and Workforce Development made by ch. 58, SLA 1999 and the corresponding title change of the commissioner of labor.
Authority:AS 18.60.020
AS 18.60.057
AS 18.60.093