Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.7 - Service and Notice

Current through Register Vol. 47, No. 3, July 24, 2024
(1) At the time of
			 filing pleadings or other documents a copy thereof shall be served by the
			 filing party or intervenor on every other party or intervenor.
(2) Service upon a party or intervenor who
			 has appeared through a representative shall be made only upon such
			 representative.
(3) Unless
			 otherwise ordered, service may be accomplished by postage prepaid first-class
			 mail or by personal delivery. Service is deemed effected at the time of mailing
			 (if by mail) or at the time of personal delivery (if by personal
			 delivery).
(4) Proof of service on
			 other parties and intervenors shall be accomplished by a written statement
			 which sets forth the date and manner of service. Such statements shall be filed
			 with the pleading or document.
(5)
			 Where service is accomplished by posting, proof of posting shall be filed not
			 later than the first working day following the posting.
(6) Service and notice to employees
			 represented by an authorized employee representative shall be deemed
			 accomplished by serving the representative in the manner prescribed in
			 4.7(3).
(7) 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
			 docketing of the notice of contest, post, where the citation is required to be
			 posted by the labor services division rules, a copy of the notice of contest
			 and a notice informing 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
			 subrule:
(Name of Employer)
Your employer has been cited by the commissioner of labor for
				violation of the Iowa Occupational Safety and Health Act. The citation has been
				contested and will be the subject of a hearing before an administrative law
				judge designated by the employment appeal board. Affected employees are
				entitled to participate in this hearing as parties under terms and conditions
				established by the employment appeal board in its rules of procedure. Notice of
				intent to participate should be sent at the earliest opportunity to: Employment
				Appeal Board, 6200 Park Avenue, Suite 100, Des Moines, Iowa 50321. All papers
				relevant to this matter may be inspected at: (Place reasonably convenient to
				employees, preferably at or near the workplace).
(8) The authorized employee representative,
			 if any, shall be served with the notice set forth in 4.7(7) and with a copy of
			 the notice of contest.
(9) A copy
			 of the notice of the hearing to be held before the administrative law judge
			 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.
(10) A copy of the notice
			 of the hearing to be held before the administrative law judge or the employment
			 appeal board shall be served by the employer on the authorized employee
			 representative of affected employees in the manner prescribed in 4.7(3), if the
			 employer has not been informed that the authorized employee representative has
			 entered an appearance as of the date notice is received by the
			 employer.
(11) 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
			 4.35(10A,88) of this division, serve a copy thereof on such authorized employee
			 representative in the manner prescribed in 4.7(3) and shall file proof of such
			 service.
(12) 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 4.7(7).
(13) 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.
(14) Where posting is
			 required by this rule, such posting shall be maintained until the commencement
			 of the hearing or until earlier disposition.
(15) When settlement agreements are filed
			 with the employment appeal board they shall be posted for ten days at or near
			 the place where the citation is required to be posted.
(16) If any party or intervenor fails to
			 comply with the notice requirements of these rules, the employment appeal board
			 may issue appropriate orders.
This rule is intended to implement Iowa Code chapter 88 and
				section 10A.601.