Administrative Code

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Virginia Administrative Code
Title 16. Labor and Employment
Agency 25. Safety and Health Codes Board
Chapter 60. Administrative Regulation for the Virginia Occupational Safety and Health Program
1/19/2020

16VAC25-60-290. Contest Proceedings Applicable to Political Subdivisions.

A. Where the informal conference has failed to resolve any controversies arising from the citation, and a timely notice of contest has been received regarding a citation issued to a public employer other than the Commonwealth or one of its agencies, the Commissioner of Labor and Industry shall schedule a hearing in accordance with the provisions of §§ 2.2-4019 and 2.2-4021 of the Code of Virginia. Upon conclusion of the hearing, the commissioner will notify all participants within five working days of the decision to affirm, modify or vacate the contested aspects of the citation or abatement order.

B. Public employers may appeal decisions of the commissioner in the manner provided for in §§ 2.2-4025 through 2.2-4029 of the Code of Virginia.

C. Public employees and their authorized representative have full rights to notification and participation in all hearings and appeals as are given private sector employees.

D. If abatement of citations is not accomplished, the commissioner shall seek injunctive relief under § 40.1-49.4 F of the Code of Virginia.

Statutory Authority

§ 40.1-22 of the Code of Virginia.

Historical Notes

Derived from VR425-02-95 § 6.4, eff. July 1, 1994; amended, Volume 19, Issue 09, eff. March 1, 2003.

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