Affirmation, amendment, or dismissal of safety order or penalty;
petition for review
Sec. 28.3. (a) When a petition for review is filed, the
commissioner shall have five (5) working days in which to affirm,
amend, or dismiss the safety order and penalty, if any, or the notice
of failure to correct violation. Notice of his action shall be served on
the employer and upon any employee, or representative of
employees, who has filed a petition for review. The notice shall be
posted at or near the place of the alleged violation in such a manner
that affected employees may become aware of it.
(b) If the commissioner affirms the safety order and penalty, if
any, or the notice of failure to correct violation, the commissioner
shall also grant or deny the petition for review under the provisions
of IC 4-21.5-3-7. If the commissioner amends the safety order and
penalty, if any, or the notice of failure to correct violation, the
petition for review shall be considered moot. The commissioner shall
give notice of the amended order and penalty under IC 4-21.5-3-6.
(c) The employer and any employee or representatives of
employees may file a written petition for review under IC 4-21.5-3-7
to such amended safety order and penalty, if any, or the notice of
failure to correct violation. The written petition for review must be
filed with the commissioner within fifteen (15) working days from
the date of receipt of such amended safety order and penalty, if any,
or the notice of failure to correct violation. The commissioner shall
then grant or deny the petition for review under IC 4-21.5-3-7.
(Formerly: Acts 1973, P.L.241, SEC.29.) As amended by
P.L.34-1988, SEC.7.
Last modified: May 27, 2006