Section 0800-01-04-.18 - EMPLOYER AND EMPLOYEE CONTESTS(1) Any employer to whom a citation or notice of proposed penalty has been issued may, under T.C.A. §§ 50-3-307(b) and 50-3-407, notify the Commissioner in writing that he intends to contest such citation or proposed penalty before the TOSHRC. Such notice of intention to contest must be received by the Commissioner within twenty (20) days of the receipt by the employer of the citation or notice of proposed penalty. Every notice of intention to contest shall specify whether it is directed to the citation or to the proposed penalty or both. The Commissioner shall immediately transmit such notice to the TOSHRC in accordance with the rules of procedure prescribed by the Commission.(2) Any employee or representative of employees of an employer to whom a citation has been issued may, under T.C.A. § 50-3-307(b), file a written notice with the Commissioner advising the Commissioner of objections to the terms and conditions (as defined for employees in T.C.A § 50-3-106) of the citation. Such notice must be received by the Commissioner within twenty (20) days of the receipt by the employer of the citation. The Commissioner shall immediately transmit such notice to the TOSHRC in accordance with the rules of procedure prescribed by the Commission.Tenn. Comp. R. & Regs. 0800-01-04-.18
Original rule filed June 10, 1974. Amendment filed April 9, 1975; effective May 9, 1975. Amendment filed November 25, 1983; effective February 13, 1984. Repeal and new rule filed September 7, 2004; effective January 28, 2005. Amendments filed February 12, 2010; effective July 29, 2010. Amendment filed September 22, 2015; effective 12/21/2015.Authority: T.C.A. §§ 4-3-1411, 50-3-307, 50-3-106, and 50-3-407.