Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart A - GENERAL PROVISIONS › Section 31-376-7 - Service and notice

Current through July 10, 2024
(a) At the time of
				filing pleading or other documents a copy thereof shall be served by the filing
				party or intervenor on every other party or intervenor.
(b) Service upon a party or intervenor who
				has appeared through a representative shall be made only upon such
				representative.
(c) Unless
				otherwise ordered, service may be accomplished by postage prepaid first class
				mail or by personal delivery. Service is deemed erected at the time of mailing
				(if by mail) or at the time of personal delivery (if by personal
				delivery).
(d) 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.
(e) Where service is
				accomplished by posting, proof of such posting shall be filed not later than
				the first working day following the posting.
(f) 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 (c) of this section.
(g)
				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 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
				  violation of the Connecticut Occupational Safety and Health Act. The citation
				  has been contested and will be the subject of 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
177 Columbus Boulevard
New Britain, Connecticut 06050
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
				  will be the subject of a hearing before the Occupational Safety and Health
				  Review Commission.
(h) The
				authorized employee representative, if any, shall be served with the notice set
				forth in paragraph (g) of this section and with a copy of the notice of
				contest.
(i) A copy of the notice
				of the hearing to be held before the Hearing Officer 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 where the citation is required to be posted.
(j) A copy of the notice of the hearing to be
				held before the Hearing Officer shall be served by the employer on the
				authorized employee representative of affected employees in the manner
				prescribed in paragraph (c) of this section, 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.
(k) 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 Section
				31-376-20 of
				this part, serve a copy thereof on such authorized employee representative in
				the manner prescribed in paragraph (c) of this section and shall file proof of
				such service.
(l) 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 (g) of this section.
(m) 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.
(n) Where posting is required by this
				section, such posting shall be maintained until the commencement of the hearing
				or until earlier disposition.