Section 1030-01-07 - SERVICE AND NOTICE(1) At the time of filing pleadings or other documents a copy thereof shall be served by the filing party or intervenor on every other party or intervenor.(2) Service upon a party or intervenor who has appeared through a representative need be made only upon such representative.(3) Unless otherwise ordered, service may be accomplished by postage pre-paid first class mail or by personal delivery. Service is deemed effected at the time of mailing (if by mail) or at the time of personal delivery (if by personal delivery).(4) Proof of service shall be accomplished by a written statement of the same which sets forth the date and manner of service. Such statement shall be filed with the pleading or document.(5) Where service is accomplished by posting, proof of such posting shall be filed not later than the first working day following the posting.(6) Service and notice to employees represented by an authorized employee representative shall be deemed accomplished by serving the representative in the manner prescribed in paragraph (3) of this Rule.(7) In the event that there are any affected employees who are not represented by an authorized employee representative, the employer shall, immediately upon receipt of notice of the docketing of the notice of contest or petition for modification of the abatement period, post, where the citation is required to be posted, a copy of the notice of contest or petition and a notice informing such affected employees of their right to party status and of the availability of all pleadings for inspection and copying at reasonable times. A notice in the following form shall be deemed to comply with this paragraph:(Name of employer)
Your employer has been cited by the Commissioner of Labor for an alleged violation of the Occupational Safety and Health Act of 1972. The citation has been contested and is subject to a hearing before the OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION. Affected employees are entitled to participate in this hearing as parties under terms and conditions established by the OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION in its Rules of Procedure. Notice of intent to participate should be sent to:
Occupational Safety and Health Review
Commission
Eleventh Floor, First American Center
326 Union Street
Nashville, Tennessee 36238
All papers relevant to this matter may be inspected at:
(Place reasonably convenient to employees, preferably at or near workplace.)
Where appropriate, the second sentence of the above notice will be deleted and the following sentence will be substituted: "The reasonableness of the period prescribed by the Commissioner of Labor for abatement of the violation has been contested and is subject to a hearing before the Occupational Safety and Health Review Commission."
(8) The authorized employee representative, if any, shall be served with the notice set forth in paragraph (7) of this Rule and with a copy of the notice of contest.(9) A copy of the notice of the hearing to be held before the Commission or Administrative Judge shall be served by the employer on affected employees who are not represented by an authorized employee representative by posting a copy of the notice of such hearing at or near the place or places where the citation or amended citation is required to be posted.(10) A copy of the notice of the hearing to be held before the Commission or Administrative Judge shall be served by the employer on the authorized employee representative of affected employees in the manner prescribed in paragraph (3) of this Rule, if the employer has not been informed that the authorized employee representative has entered an appearance as of the date such notice is received by the employer.(11)Where a notice of contest is filed by an affected employee who is not represented by an authorized employee representative and there are other affected employees who are represented by an authorized employee representative, the unrepresented employee shall, upon receipt of the statement filed in conformance with Rule 1030-3-7 hereof, serve a copy thereof on such authorized employee representative in the manner prescribed in paragraph (3) of this Rule and shall file a proof of such service.(12) Where a notice of contest is filed by an affected employee or an authorized employee representative, a copy of the notice of contest and response filed in support thereof shall be provided to the employer for posting in the manner prescribed in paragraph (7) of this Rule.(13)An authorized employee representative who files a notice of contest shall be responsible for serving any other authorized employee representative whose members are affected employees.(14) Where posting is required by this section, such posting shall be maintained until the commencement of the hearing or until earlier disposition.Tenn. Comp. R. & Regs. 1030-01-07
Original rule filed April 5, 1974; effective May 5, 1974. Amendment filed January 14, 1978; effective February 13, 1978.Authority: T.C.A. §50-554.