reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 57 - Appeals › 8 AAC 57.250 - Dismissal of appeals for failure to prosecute

Current through May 31, 2024
(a) If an appellant
				fails to comply with
				AS
				23.30.125 - 23.30.128, fails to comply with
				this chapter, fails to pay the cost of preparing the transcripts, as provided
				in 8 AAC 57.120(i) and (j), or fails to comply with an order of the
				chair or commission, the chair will issue written notice to the appellant that
				specifies the nature of the failure and states that the appeal may be dismissed
				for failure to prosecute if the appellant fails to take appropriate corrective
				action not later than 20 days after the date shown in the certificate of
				distribution, unless distributed by mail, of the written notice.
(b) If under (a) of this section the
				appellant fails to take appropriate corrective action, the chair may issue an
				order to the appellant to show good cause in writing, not later than 20 days
				after the date shown in the certificate of distribution of the order, unless
				distributed by mail, why the appeal should not be dismissed.
(c) The commission may dismiss an appeal,
				with or without a hearing, on the failure of the appellant to show good cause
				under (b) of this section.
(d) An
				appellee may request that an appeal be dismissed for failure to prosecute by
				filing a motion that states the grounds for requesting dismissal.
(e) Not later than 10 days after the date
				shown in the certificate of service, unless served by mail, of a motion for
				dismissal for failure to prosecute under (d) of this section, the appellant may
				file an opposition to the motion.
(f) Following the filing of a motion under
				(d) of this section and any opposition under (e) of this section, the
				commission may issue an order dismissing an appeal for failure to prosecute,
				with or without a hearing.
(g)
				Repealed 2/4/2024.
Authority:
AS
					 23.30.008
AS 23.30.009
AS
					 23.30.128
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 57 - Appeals › 8 AAC 57.260 - Motions for attorney fees and costs

Current through May 31, 2024
(a) A party may
				request an award of attorney fees and costs on appeal by filing a motion no
				later than 10 days after the date shown in the commission's notice of
				distribution of the final decision.
(b) A request under (a) of this section for
				an award of attorney fees must include an affidavit of the party's attorney
				itemizing the services performed, the amount of time devoted to those services,
				and the amount sought.
(c) A
				request under (a) of this section for an award of costs must include an
				itemization of costs.
(d) No later
				than 10 days after service of a motion for attorney fees and costs under (a) of
				this section, any other party may file an opposition to the motion.
(e) The commission may award attorney fees
				and costs to a successful party on appeal, with or without a hearing, as
				provided in
				AS
				23.30.008(d).
(f) If a party is unsuccessful on appeal to
				the commission, yet successful on appeal to the supreme court, that party may
				request an award of attorney fees and costs for work performed before the
				commission by filing a motion not later than 10 days after the date shown in
				the supreme court's notice of distribution of its decision.
(g) If an appeal to the supreme court is
				filed before a successful party files a motion for attorney fees for work
				performed before the commission, and that party also prevails in the supreme
				court appeal, that party may request an award of attorney fees and costs for
				work performed before the commission by filing a motion not later than 10 days
				after the date shown in the supreme court's notice of distribution of its
				decision.
(h) If an appeal to the
				supreme court is filed before the commission rules on a successfull party's
				motion for attorney fees and costs for work performed before the commission
				already filed with the commission, and if the successfull party prevails in the
				supreme court appeal, the successful party shall refile the prior motion for
				attorney fees and costs for work performed before the commission not later than
				10 days after the date shown in the supreme court's notice of distribution of
				its decision.
Authority:
AS
					 23.30.008
AS 23.30.127
AS
					 23.30.128
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 57 - Appeals › 8 AAC 57.270 - Relaxation of rules

Current through May 31, 2024
(a) In an appeal or
				petition for review, the chair or commission may order time periods or
				procedures that differ from time periods or procedures specified in this
				chapter, if
(1) strict adherence to time
				periods or procedures specified in this chapter would work injustice;
				and
(2) the change would assist in
				facilitating the business of the commission or advance the prompt, fair, and
				just disposition of appeals and petitions for review.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 57 - Appeals › 8 AAC 57.990 - Definitions

Current through May 31, 2024
In this chapter, unless the context otherwise
				  requires,
(1) "board" means the Alaska
				Workers' Compensation Board;
(2)
				"chair" means the executive officer of the commission, as provided in
				AS
				23.30.007 and 23.30.009;
(3) "commission" means the Workers'
				Compensation Appeals Commission;
(4) "director" has the meaning given in
				AS
				23.30.395;
(5) repealed 3/27/2011;
(6) repealed 3/27/2011;
(7) "legal holiday" has the meaning given in
				AS
				44.12.010;
(8) "motion" means a formal request or
				application by a party for specific action by the chair or commission relating
				to an appeal or petition for review
(A)
				orally, in the presence of all other parties; or
(B) in writing, served on all other
				parties;
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 1 - Adoption of Standards (Repealed) › 8 AAC 61.010 - Standards (Repealed)

Current through May 31, 2024
For Occupational Safety and Health Standards, see Article
						11, Occupational Safety and Health
						Standards.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 2 - Inspections, Citations, and Proposed Penalties › 8 AAC 61.020 - Inspections

Current through May 31, 2024
(a) The right of entry to conduct inspections
				  will be exercised in accordance with
				  AS
				  18.60.083. For the purposes of
				  AS
				  18.60.083, "appropriate credentials" means an
				  employee identification card indicating that the person is an employee of the
				  department.
(b) Upon refusal to
				  permit a department representative, in the exercise of official duties, to
				  enter without delay and at reasonable times, any place of employment, to
				  inspect, review records, or to question any employer, owner, operator, agent,
				  or employee in accordance with
				  AS
				  18.60.083, or to permit an employee
				  representative to accompany the department representative during the physical
				  inspection of any workplace in accordance with
				  AS
				  18.60.087, the department representative
				  shall end the inspection or confine it to other areas where permission to
				  inspect is granted. The department representative shall try to find out the
				  reason for being denied permission to inspect, and immediately report those
				  findings to the director. The director shall consult with the Department of Law
				  regarding appropriate action, including compulsory process, if necessary. If
				  compulsory process is relied on to seek entry to a workplace under this
				  section, an ex parte inspection warrant is the preferred form.
(c) Compulsory process may be sought before
				  an attempted inspection or investigation if, in the judgment of the director
				  and the assistant attorney general, circumstances exist which make such
				  preinspection process desirable or necessary. Some examples of circumstances in
				  which it may be desirable or necessary to seek compulsory process before an
				  attempt to inspect or investigate include
(1)
				  when the employer's past practice either implicitly or explicitly puts the
				  department on notice that a warrantless inspection will not be
				  allowed;
(2) when circumstances
				  exist that would, as determined by the director, require considerable
				  expenditure of time and money to return to the office for the purpose of
				  obtaining a warrant; or
(3) when an
				  inspection includes the use of special equipment or when the presence of an
				  expert is needed in order to properly conduct the inspection, and procuring a
				  warrant before attempting to inspect would alleviate the difficulties or costs
				  encountered in coordinating the availability of that equipment or
				  expert.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 2 - Inspections, Citations, and Proposed Penalties › 8 AAC 61.030 - Objections to inspections

Current through May 31, 2024
Upon refusal to permit the department's representative, in
					 the exercise of official duties, to enter without delay and at reasonable times
					 any place of employment or any place therein, to inspect, review records, or to
					 question an employer, owner, operator, agent in charge, or employee in
					 accordance with
					 8 AAC 61.020, the department's representative shall
					 terminate the inspection or confine the inspection to other areas, conditions,
					 structures, machines, apparatus, devices, equipment, materials, records, or
					 interviews concerning which no objections are raised. The department's
					 representative shall endeavor to ascertain the reason for the refusal and
					 immediately report the refusal and the reason for it to the commissioner or the
					 commissioner's authorized designee. In the event of a refusal of entry for
					 inspection, the department may seek an appropriate order from the superior
					 court compelling entry and inspection.
Authority:
AS
						18.60.020
AS
						18.60.083
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 2 - Inspections, Citations, and Proposed Penalties › 8 AAC 61.040 - Advance notice of inspections

Current through May 31, 2024
No advance notice of inspection will be given, except in
					 the following situations:
(1) in cases
				  of apparent imminent danger, to enable the employer to abate the danger as
				  quickly as possible;
(2) in
				  circumstances where the inspection can most effectively be conducted after
				  regular business hours or where special preparations are necessary for an
				  inspection;
(3) if necessary to
				  assure the presence of one or more representatives of the employer or employees
				  or the appropriate personal needed to aid in an effective inspection;
(4) in other circumstances where the
				  commissioner or the commissioner's authorized designee determines that
				  providing advance notice would enhance the probability of an effective and
				  thorough inspection.
Authority:
AS
						18.60.020
AS
						18.60.085
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 2 - Inspections, Citations, and Proposed Penalties › 8 AAC 61.050 - Representatives of the employers and employees

Current through May 31, 2024
(a) A
				  representative of the employer and a representative authorized by the employees
				  will be given an opportunity to accompany the department's representative
				  during the inspection of any place of employment for the purpose of aiding the
				  inspection. Additional employer representatives and additional representatives
				  authorized by employees may accompany the department's representative if the
				  department's representative determines that additional employer and employee
				  representatives will further aid the inspection. Different employer and
				  employee representatives may accompany the department's representative during
				  each different phase of an inspection if this will not interfere with the
				  inspection.
(b) The department's
				  representative shall resolve all disputes as to who is the representative
				  authorized by the employer or employees. If there is no authorized
				  representative of employees, or if the department's representative is unable to
				  determine with reasonable certainty who is the representative, the department's
				  representative shall interview a reasonable number of employees concerning
				  matters of safety and health in the workplace.
(c) The department's representative may deny
				  the right of accompaniment to any person whose conduct interferes with a fair
				  and orderly inspection. The right of accompaniment in areas containing trade
				  secrets is subject to
				  AS
				  18.60.099. With regard to information
				  classified by an agency of the United States government in the interest of
				  national security, only persons authorized to have access to this information
				  may accompany a department representative in areas containing the
				  information.
Authority:
AS
						18.60.020
AS
						18.60.087
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 2 - Inspections, Citations, and Proposed Penalties › 8 AAC 61.060 - Trade secrets

Current through May 31, 2024
(a) At the commencement of an inspection the
				  employer must identify areas of work that contain or that might reveal a trade
				  secret. If the department's representative has no reason to question that
				  identification, information obtained in those areas, including all negatives
				  and prints of photographs, digital images, and environmental samples, will be
				  labeled "Confidential Trade Secret" and will not be disclosed except in
				  accordance with
				  AS
				  18.60.099.
(b) Upon the request of an employer, the
				  employees' representative authorized by
				  8 AAC 61.050, in an area containing trade secrets, will
				  be an employee in that area or an employee authorized by the employer to enter
				  that area. Where there is no representative of employees, the department
				  representative will consult with a reasonable number of employees who work in
				  that area concerning matters of safety and health.
Authority:
AS
						18.60.020
AS
						18.60.099
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 2 - Inspections, Citations, and Proposed Penalties › 8 AAC 61.070 - Consultation with employees

Current through May 31, 2024
The department's representative may consult with employees
					 concerning matters of occupational safety and health to the extent determined
					 necessary for an effective and thorough inspection. During the course of an
					 inspection, employees will be afforded an opportunity to bring any violations
					 of AS
					 18.60.010-18.60.105, this chapter, or other
					 applicable law that exist in the place of employment to the attention of the
					 department's representative.
Authority:
AS
						18.60.020
AS 18.60.083
AS 18.60.087
AS
						18.60.088
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 2 - Inspections, Citations, and Proposed Penalties › 8 AAC 61.080 - Special inspection

Current through May 31, 2024
(a) An employee or a representative of
				  employees who believes that a violation of a safety or health standard exists
				  that threatens physical harm or that an imminent danger exists may request an
				  inspection by giving notice of the violation or danger to the department. The
				  notice must be in writing setting out with reasonable particularity the grounds
				  for the notice, and must be signed by the employee or the representative of
				  employees. Special inspections will be made in accordance with
				  AS
				  18.60.088.
(b) If upon receipt of a notice under (a) of
				  this section the department determines that the complaint meets the requirement
				  of that subsection and that there are reasonable grounds to believe that the
				  alleged violation exists, the department will conduct an inspection as soon as
				  practicable to determine if the alleged violation exists. Inspections under
				  this section will not necessarily be limited to matters referred to in the
				  complaint.
(c) Before or during any
				  special inspection of a place of employment, an employee or representative of
				  employees may inform the department's representative of any violation of
				  AS
				  18.60.010-18.60.105 or regulations,
				  standards, rules or orders promulgated pursuant to those statutes which exist
				  in the place of employment.
(d) The
				  party requesting a special inspection will be informed of the results of the
				  special inspection.
Authority:
AS
						18.60.020
AS
						18.60.088
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 2 - Inspections, Citations, and Proposed Penalties › 8 AAC 61.090 - Special inspection, review

Current through May 31, 2024
(a) If after
				  conducting a special inspection the department does not issue a citation, and
				  within 30 days after the special inspection, the department will inform in
				  writing the person giving notice under
				  8 AAC 61.080(a) of the reason that a
				  citation was not issued. The notifying party may obtain a review of the
				  department's declining to issue a citation by submitting a written statement of
				  position to the director within 30 days after receiving notification that a
				  citation was not issued. Within 15 days after receiving the statement of
				  position, the director shall provide a determination to the person requesting
				  the review.
(b) If the department
				  determines, based on the notice given under
				  8 AAC 61.080(a) that there are no
				  reasonable grounds to believe that a violation of a safety or health regulation
				  exists, and does not conduct a special inspection, the notifying party will be
				  informed in writing of the reason a special inspection was not conducted within
				  30 days. Review of the department's declining to conduct a special inspection
				  may be obtained by the notifying party by submitting a written statement of
				  position to the director within 30 days after receiving notification that a
				  special inspection was not conducted. Within 15 days after receiving the
				  statement of position, the director shall provide a determination to the person
				  requesting the review.
(c) If the
				  director upholds the department's declining to issue a citation or declining to
				  conduct a special inspection, the notifying party may obtain a review of the
				  director's determination by submitting a written statement of position to the
				  commissioner within 10 days after receipt of the director's determination. The
				  commissioner may affirm, modify, or reverse the director's determination. The
				  commissioner will provide a final disposition to the notifying party within 15
				  days after receipt of the request for review of the director's
				  determination.
Authority:
AS
						18.60.020
AS
						18.60.088
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 2 - Inspections, Citations, and Proposed Penalties › 8 AAC 61.100 - Imminent danger

Current through May 31, 2024
(a) When a representative of the department
				  concludes that in a place of employment a condition or practice exists that
				  creates an imminent danger, the representative shall immediately ask the
				  commissioner or the commissioner's authorized designee to issue an order
				  restraining the condition or practice creating the imminent danger. If a
				  restraining order is issued, the representative shall post it immediately and
				  prominently at or near the condition or practice that creates the imminent
				  danger.
(b) When the department's
				  representative concludes that a condition or practice exists that creates an
				  imminent danger, the representative shall immediately inform the employer,
				  employees, and the employees' authorized representative, if known and readily
				  available, of the danger and the action taken or recommended. For the purpose
				  of this subsection, verbal notice is sufficient.
(c) Appropriate citations and notices of
				  proposed penalties may be issued with respect to an imminent danger, even
				  though after notice of the danger the employer immediately eliminates the
				  immediacy of the danger and institutes steps to abate it.
(d) An imminent danger is a condition or
				  practice in a place of employment which could reasonably be expected to cause
				  death or serious physical harm, either immediately or before the imminence of
				  such danger can be eliminated through the enforcement procedures otherwise
				  provided by this chapter.
Authority:
AS
						18.60.020
AS
						18.60.096
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 2 - Inspections, Citations, and Proposed Penalties › 8 AAC 61.110 - Citations

Current through May 31, 2024
(a) If on the basis of an inspection the
				  department believes that the employer has violated a requirement of
				  AS
				  18.60.010-18.60.105 or any regulation,
				  standard, rule, or order promulgated pursuant thereto, the department will with
				  reasonable promptness issue a citation to the employer. The contents of the
				  citation will conform with the requirements of
				  AS
				  18.60.091.
(b) A citation will be issued for every
				  violation that has a direct or immediate relationship to employee safety or
				  health. The citation will be issued even though after notice of the violation
				  the employer immediately abates or initiates steps to abate the
				  violation.
Authority:
AS
						18.60.020
AS
						18.60.091
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 2 - Inspections, Citations, and Proposed Penalties › 8 AAC 61.120 - Posting of citations

Current through May 31, 2024
(a) Upon receipt of a citation issued under
				  8 AAC 61.110, the employer shall immediately post the
				  citation, or an unedited copy of the citation, at or near each place an alleged
				  violation referred to in the citation occurred. If because of the nature of the
				  employer's operation it is not practicable to post a citation at or near each
				  place of alleged violation, the citation shall be posted in a prominent place
				  where it will be readily observable by all affected employees. The employer
				  shall take steps to ensure the citation is not altered, defaced: or covered by
				  other material.
(b) Each citation
				  must remain posted until the violation has been abated, or for five working
				  days, whichever is later. The filing by the employer of a notice of intention
				  to contest under
				  8 AAC 61.150 does not affect posting responsibilities
				  under this section unless or until the board issues a final order vacating the
				  citation.
(c) An employer who has
				  filed a notice of intention to contest under
				  8 AAC 61.150 may post in the same location as the
				  citation a notice that the citation is being contested before the board. The
				  notice may explain the reasons for the contest and may indicate what specific
				  steps have been taken to abate employee exposure to the alleged
				  violation.
Authority:
AS
						18.60.020
AS
						18.60.091
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 2 - Inspections, Citations, and Proposed Penalties › 8 AAC 61.130 - Failure to abate a violation for which a citation has been issued

Current through May 31, 2024
If the commissioner has reason to believe that an employer
					 has failed to correct, within the abatement period fixed by the citation, a
					 violation of
					 AS
					 18.60.010-18.60.105, or any regulation,
					 standard, rule or order promulgated pursuant thereto, for which a citation has
					 been issued, the commissioner will notify the employer by certified mail of the
					 failure. The notice may contain an additional penalty proposed to be assessed
					 because of the failure to abate.
Authority:
AS
						18.60.020
AS
						18.60.095
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 2 - Inspections, Citations, and Proposed Penalties › 8 AAC 61.135 - Petitions for modification of abatement period

Current through May 31, 2024
(a) An employer may
				  file a petition for modification of an abatement date when that employer has
				  made a good faith effort to comply with the abatement requirements of a
				  citation, but the abatement has not been completed because of factors beyond
				  the employer's reasonable control.
(b) A petition for modification of an
				  abatement date must be in writing and must include the following information:
(1) all steps taken by the employer and the
				  dates of that action, in an effort to achieve compliance during the prescribed
				  abatement period;
(2) the specific
				  additional abatement time necessary in order to achieve compliance;
(3) the reasons the additional time is
				  necessary, including the unavailability of professional or technical personnel
				  or of materials and equipment, or because necessary construction or alteration
				  of facilities cannot be completed by the original abatement date;
(4) all available interim steps being taken
				  to safeguard the employees against the cited hazard during the abatement
				  period;
(5) a certification that a
				  copy of the petition has been posted and, if appropriate, served on the
				  authorized representative of affected employees, in accordance with (d) of this
				  section, and a certification of the date upon which the posting and service
				  were made.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 2 - Inspections, Citations, and Proposed Penalties › 8 AAC 61.140 - Assessment of penalties for citations

Current through May 31, 2024
(a) The
				  commissioner or the commissioner's authorized designee may assess a civil
				  penalty when the department issues a citation under
				  8 AAC 61.110. The commissioner or authorized designee
				  will assess a penalty for any violation classified as a serious, repeat,
				  willful, or failure-to-abate violation. The commissioner or authorized designee
				  may assess a penalty for any violation classified as other than
				  serious.
(b) The commissioner or
				  the commissioner's authorized designee may assess civil penalties for
				  violations of
				  AS
				  18.60.010-18.60.105, and except
				  as adjusted under (j) of this section, the penalty
(1) for a willful or repeated violation under
				  AS
				  18.60.095(a) may not be less
				  than $9,239, unless a lower amount is negotiated in a settlement, and may not
				  exceed $129,336;
(2) for a serious
				  violation under
				  AS
				  18.60.095(b) may not exceed
				  $12,934;
(3) for an
				  other-than-serious violation under
				  AS
				  18.60.095(c) may not exceed
				  $12,934;
(4) for failure to correct
				  a violation under
				  AS
				  18.60.095(d) is $12,934 for
				  each day during which the failure to correct the violation continues;
(5) for posting a violation under
				  AS
				  18.60.095(g) is
				  $12,934.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 2 - Inspections, Citations, and Proposed Penalties › 8 AAC 61.142 - Abatement verification

Current through May 31, 2024
(a)
										29 C.F.R.
				  1903.19, as amended is adopted by reference,
				  except as provided in (b) and (c) of this section.
(b)
										29 C.F.R.
				  1903.19(b)(4)(ii), as
				  amended, is revised to read: 'Final order date for a contested citation means
				  the 30th day after the date on which the Alaska Occupational Safety and Health
				  Review Board issues its decision or order disposing of all or pertinent part of
				  a case. If a decision of the Alaska Occupational Safety and Health Review Board
				  is stayed under Rule 603 of the Alaska Rules of Appellate Procedure, the final
				  order date means the date that the court issues its decision affirming the
				  violation."
(c) Unless the context
				  in which a term is used clearly requires a different meaning, the following
				  revisions are necessary to make requirements adopted by reference in (a) of
				  this section technically feasible in this state:
(1) all references to "29 C.F.R.
				  1903.16" are revised to read "8 AAC 61.120";
(2) all references to "Occupational Safety
				  and Health Act of 1970" are revised to read "AS
				  18.60.010-18.60.105";
(3) all references to "OSHA" are revised to
				  read "Alaska Occupational Safety and Health (AKOSH)";
(4) all references to "Occupational Safety
				  and Health Review Commission" are revised to read "Alaska Occupational Safety
				  and Health Review Board"; and
(5)
				  all references to "Area Director" are revised to read "director of the Division
				  of Labor Standards & Safety."
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 2 - Inspections, Citations, and Proposed Penalties › 8 AAC 61.145 - Abatement period for contested violations

Current through May 31, 2024
The period for abatement of a violation does not begin
					 until the issuance of a final order by the review board in any review
					 proceedings initiated by the employer in good faith and not solely for delay or
					 avoidance of penalties.
Authority:
AS
						18.60.020
AS
						18.60.093
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 2 - Inspections, Citations, and Proposed Penalties › 8 AAC 61.150 - Notice of contest

Current through May 31, 2024
(a) A citation, notice of proposed penalty,
				  or notice of abatement date is final unless the employer, an affected employee,
				  or an authorized employee representative files a notice of contest. An affected
				  employee or an authorized representative may contest only abatement
				  dates.
(b) A notice of contest must
				  be in writing and must be postmarked, received by facsimile transmission,
				  received by electronic mail, or personally delivered to the department within
				  15 working days after receipt by the employer of the citation, notice of
				  proposed penalty, or notice of abatement date. A notice of contest must contain
(1) a specification of the citation, proposed
				  penalty, or abatement date being contested;
(2) a concise statement of fact giving the
				  reason for the contest; and
(3) any
				  views or arguments on any issue of fact or law presented.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 2 - Inspections, Citations, and Proposed Penalties › 8 AAC 61.155 - Informal conference

Current through May 31, 2024
(a) Within 15 working days after receipt of a
				  citation, an affected employer, employee, or employee representative may
				  request the director or the director's authorized designee to hold an informal
				  conference to review and discuss any issues raised by an inspection, citation,
				  notice of proposed penalty, or notice of intention to contest.
(b) During the conference, the director or
				  the director's authorized designee, acting for the commissioner, may change the
				  citation, proposed penalty, or abatement dates.
(c) If the conference is requested by the
				  employer, affected employees or their representative may be afforded an
				  opportunity to participate, at the discretion of the director. If the
				  conference is requested by an employee or representative of employees, the
				  employer may be afforded an opportunity to participate, at the discretion of
				  the director.
(d) Any party may be
				  represented by counsel at the informal conference.
(e) An informal conference or request for an
				  informal conference does not operate as a stay of any 15-working-day period for
				  filing a notice of intention to contest prescribed in
				  AS
				  18.60.093(e).
Authority:
AS
						18.60.020
AS
						18.60.091
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 3 - Occupational Safety and Health Review Board › 8 AAC 61.160 - Powers and duties of the board

Current through May 31, 2024
(a) When a notice
				  of contest is filed in accordance with
				  8 AAC 61.150, the board shall conduct a full and
				  impartial hearing.
(b) During the
				  course of the proceedings in a contested case, the board may
(1) administer oaths and
				  affirmations;
(2) hold conferences
				  for the settlement or simplification of the issues by consent of the
				  parties;
(3) make, or cause to be
				  made, an inspection of the place of employment involved; and
(4) issue subpoenas to compel the attendance
				  of witnesses and the production of records.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 3 - Occupational Safety and Health Review Board › 8 AAC 61.165 - Filing and service of documents

Current through May 31, 2024
(a) Documents filed
				  with the board must be mailed or electronically delivered to the Alaska
				  Occupational Safety and Health Review Board. The date of filing is the date of
				  receipt of the documents by the board.
(b) When a party files documents with the
				  board, the party shall mail, electronically deliver or personally deliver,
				  copies of the documents to all parties of record. Documents filed with the
				  board must be accompanied by a statement giving the names of all parties served
				  and the date and manner of service.
(c) Documents may be filed with the board or
				  served on a party by means of facsimile transmission or electronic mail. Copies
				  of all documents filed by facsimile transmission or electronic mail must be
				  concurrently delivered to the board and to all parties of record. The date of
				  filing is the date of receipt by the board.
The address for mailing documents to the Alaska
						Occupational Safety and Health Review Board is P.O. Box 21149, Juneau, Alaska
						99802-1149.
Authority:
AS
						18.60.020
AS
						18.60.057
AS
						18.60.093
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 3 - Occupational Safety and Health Review Board › 8 AAC 61.170 - Rules of procedure

Current through May 31, 2024
(a) The rules of procedure in this chapter
				  govern the proceedings for notices of contest before the board. In the absence
				  of a specific provision, procedure is governed by the rules of civil procedure.
				  The board may make other rulings of procedure in a specific case if the board
				  finds that the ruling is necessary for the fair and orderly conduct of the
				  proceeding.
(b) The board's rules
				  of procedure are intended to facilitate business and promote a speedy and just
				  resolution of contested cases. The board may relax the rules of procedure if
				  strict adherence to them would work an injustice to one or more of the
				  parties.
Authority:
AS
						18.60.020
AS 18.60.057
AS
						18.60.093
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 3 - Occupational Safety and Health Review Board › 8 AAC 61.175 - Pleadings and parties

Current through May 31, 2024
(a) Not later than 30 days after receipt by
				  the department of a timely notice of contest, if the matter has not been
				  settled or otherwise resolved, the department will file a complaint with the
				  board. The complaint must specify the alleged violations, proposed penalties,
				  and abatement dates that are contested. A copy of the complaint must be mailed,
				  electronically delivered, or personally delivered to the party filing the
				  notice of contest and to all parties of record.
(b) Not later than 30 days after receipt of
				  the department's complaint, the party against whom the complaint was issued
				  shall file an answer with the board. The answer must contain a statement
				  responding to the allegations in the department's complaint and must include
				  any affirmative defenses known to the party. A copy of the answer must be
				  mailed, electronically delivered or personally delivered to the department and
				  to all parties of record.
(c) An
				  employer, affected employee, or authorized employee representative, who has not
				  filed a notice of contest, may participate as a party in the proceedings before
				  the board by filing a written notice of participation with the board at least
				  20 days before the hearing. The notice of participation must contain the name,
				  address, and telephone number of the employer, affected employee, or authorized
				  employee representative requesting to participate as a party and must be
				  mailed, electronically delivered or personally delivered to all parties of
				  record. Failure to give notice of participation as a party does not prevent an
				  employer, affected employee, or authorized employee representative, from
				  attending the hearing or testifying as a witness for a party to the
				  hearing.
(d) A party may appear in
				  person or through an attorney. The board may allow a person who is not an
				  attorney to assist a party, for no compensation, in the presentation of the
				  party's case. A corporation may be represented by an authorized officer or
				  agent.
Authority:
AS
						18.60.020
AS
						18.60.057
AS
						18.60.093
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 3 - Occupational Safety and Health Review Board › 8 AAC 61.180 - Prehearing conferences

Current through May 31, 2024
(a) Upon a motion by any party, or on its own
				  motion, the board may require the parties to participate in a prehearing
				  conference for the purpose of clarifying and simplifying the issues or
				  procedures in a contested case. At the prehearing conference, the board may
				  require the parties to
(1) state their
				  positions on the issues in dispute;
(2) submit witness and exhibit
				  lists;
(3) address any disputes
				  regarding discovery of information;
(4) discuss scheduling matters that will
				  facilitate the hearing process; and
(5) discuss any other matter that may
				  expedite the proceedings and assure a just conclusion.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 3 - Occupational Safety and Health Review Board › 8 AAC 61.185 - Withdrawal of citations, proposed penalty, or notices of contest

Current through May 31, 2024
(a)
				  The department may withdraw a citation or proposed penalty at any stage in the
				  proceedings in a contested case. If a citation or proposed penalty is withdrawn
				  before the hearing in a contested case, a notice of withdrawal must be
				  submitted in writing to the board and copies must be mailed, electronically
				  delivered or personally delivered to all parties of record. In addition, the
				  employer shall mail or personally deliver a copy of the notice of withdrawal to
				  any authorized employee representatives and shall post a copy of the notice of
				  withdrawal, for not less than 10 days, at the place of employment where notices
				  to employees are customarily posted. Proof of the mailing or delivery and
				  posting at the place of employment must be made by the employer in an affidavit
				  submitted to the board.
(b) An
				  employer, affected employee, or authorized employee representative that has
				  filed a notice of contest may withdraw the notice of contest at any stage in
				  the proceedings in a contested case. A notice of withdrawal must be submitted
				  in writing to the board and copies must be mailed, electronically delivered, or
				  personally delivered to all parties of record.
(c) Upon the filing of a notice of withdrawal
				  of a citation, proposed penalty, or notice of contest, the board shall issue an
				  order dismissing the case.
Authority:
AS
						18.60.020
AS
						18.60.057
AS
						18.60.093
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 3 - Occupational Safety and Health Review Board › 8 AAC 61.195 - Settlements

Current through May 31, 2024
(a) At any stage in the proceedings in a
				  contested case, the parties may enter into a settlement agreement disposing of
				  part or all of a contested case. A settlement agreement must be in writing and
				  must be filed with the board.
(b) A
				  settlement agreement must include:
(1) an
				  attached copy of each citation being settled;
(2) a statement of the terms of settlement
				  for each citation being settled;
(3) evidence or documentation of abatement
				  for each citation affirmed under the settlement agreement;
(4) a statement of any contested citations or
				  issues that remain for hearing;
(5)
				  a statement that, unless the abatement date is opposed and a bearing is
				  scheduled under (d) of this section, the board shall enter a final order having
				  the same force and effect as a final order made after a hearing;
(6) an affidavit completed by the employer
				  verifying that a copy of the settlement agreement was mailed, electronically
				  delivered or personally delivered to any authorized employee representatives
				  and was posted for not less than 10 days at the place of employment where
				  notices to employees are customarily posted; and
(7) a waiver of any further proceedings
				  before the board or the department concerning a citation settled under this
				  section.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 3 - Occupational Safety and Health Review Board › 8 AAC 61.200 - Discovery of information

Current through May 31, 2024
(a) Depositions
				  must be taken in accordance with
				  AS
				  44.62.440.
(b) The parties may undertake discovery by
				  any other appropriate procedure, including written interrogatories, requests
				  for production, requests for admission, or inspection of the place of
				  employment. Discovery under this subsection must be done in accordance with the
				  rules of civil procedure; however, the mandatory rules of disclosure under
				  Alaska Rules of Civil Procedure 16, 16.1, and 26 do not apply.
Authority:
AS
						18.60.020
AS 18.60.057
AS
						18.60.093
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 3 - Occupational Safety and Health Review Board › 8 AAC 61.220 - Decisions of the board

Current through May 31, 2024
(a) The board shall prepare and issue a
				  written decision within a reasonable time after the close of the hearing record
				  in a contested case. In reaching its decision, the board shall consider the
				  whole record and shall include in the written decision findings of fact,
				  conclusions of law, and an appropriate order.
(b) The board shall mail or distribute the
				  decision and order to all parties of record. A decision and order of the board
				  becomes final 30 days after mailing or distribution unless a party files a
				  notice of appeal under
				  AS
				  18.60.097.
Authority:
AS
						18.60.020
AS 18.60.057
AS
						18.60.093
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 4 - Occupational Safety and Health Division › Chapter 61 - Occupational Safety and Health › Article 5 - Variances › 8 AAC 61.320 - Form of documents

Current through May 31, 2024
(a) No particular form is prescribed for
				  applications and other papers which may be required by secs. 330 - 350 of this
				  chapter.
(b) Each application or
				  other paper filed in proceedings under secs. 330 - 350 of this chapter must be
				  subscribed by the person filing same or by his attorney or other authorized
				  representative.
Authority:
AS
						18.60.020