Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 8 - OCCUPATIONAL SAFETY AND HEALTH RULES OF PROCEDURE › Section R20-5-806 - Service and Notice

Current through Register Vol. 30, No. 28, July 12, 2024
A. At the time
				of filing pleadings or other documents a copy thereof shall be served by the
				filing party on every other interested party.
B. Service upon An interested party who has
				appeared through a representative shall be made only upon such
				representative.
C. Unless otherwise
				herein indicated, service may be accomplished by (1) postage prepaid first
				class mail; (2) by personal delivery; or (3) with an interested party's
				consent, transmission by e-mail. Service is deemed effected at the time of
				mailing or e-mailing (if by mail or e-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. Service
				and notice to employees represented by an authorized employee representative
				shall be deemed accomplished by serving the authorized employee representative
				in the manner prescribed in subsection (C).
F. 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 time and place of
				hearing, post, where the citation is required to be posted, a copy of the
				notice of the time and place of hearing and a notice informing such affected
				employees of their right to appear at the hearing and state their position 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
				subsection: (Name of employer)
Your employer has been cited by the Arizona Division of
				  Occupational Safety and Health for violating the Arizona Occupational Safety
				  and Health Act of 1972. The citation has been contested and will be the subject
				  of a hearing before the Arizona Office of Administrative Hearings. Affected
				  employees are entitled to appear in this hearing under the terms and conditions
				  established by the Industrial Commission and the Arizona Office of
				  Administrative Hearings in published rules of procedure. Notice of Intent to
				  Participate should be sent to:
Arizona Office of Administrative Hearings
1740 West Adams Street, Lower Level,
Phoenix, Arizona 85007.
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
				  may be deleted and the following sentence will be substituted: The
				  reasonableness of the period prescribed by the Industrial Commission for
				  abatement of the violation has been contested and will be the subject of a
				  hearing before the Arizona Office of Administrative Hearings.
G. Where service is accomplished by posting,
				proof of such posting shall be filed with OAH not later than five days
				following the posting.
H. The
				authorized employee representative, if any, shall be served with the proof of
				posting set forth in subsection (G) and with a copy of the notice of time and
				place of hearing.
I. A copy of the
				notice of time and place of hearing shall be served by the employer on the
				authorized employee representative of affected employees in the manner
				prescribed in subsection (C) of this Section, if the employer has not been
				informed that the authorized employee representative has entered an appearance
				with OAH as of the date such notice is received by the employer.
J. Where a
				request for hearing 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 notice of time and place of hearing, serve
				a copy thereof on such authorized employee representative in the manner
				prescribed in subsection (C) of this Section and shall file proof of such
				service with OAH.
K. Where a
				request for hearing is filed by an affected employee or an authorized employee
				representative, a copy of the request for hearing shall be provided to the
				employer for posting by the employer at the place the citation is required to
				be posted.
L. An authorized
				employee representative who files a request for hearing shall be responsible
				for serving any other authorized employee representative whose members are
				affected employees.
M. Where posting
				is required by this Section, such posting shall be maintained until the
				commencement of the hearing or until earlier disposition.