North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0100 - GENERAL PROVISIONS › Section 03 .0107 - SERVICE AND NOTICE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) 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 by postage
				prepaid first-class or by personal delivery. If affected employees are
				represented by an authorized employee representative, the Complainant and the
				Respondent shall serve a copy of the Statement of Employer's/Respondent's
				Position, and, where applicable under Rule .0304 of this Chapter, copies of the
				complaint and answer in this case on the authorized employee representative in
				accordance with Paragraph (c) of this Rule. Both the Complainant and the
				Respondent shall also serve on any authorized employee representative notice of
				any request for or proposed modification of abatement. In cases in which
				employees are represented by an authorized employee representative, the
				Complainant and Respondent shall notify the Board of this fact within 10 days
				after filing of their Statement of Employer's/Respondent's Position, and in
				such cases, the Board shall serve on the authorized employee representative
				notice of hearings and copies of any final order of the Board or hearing
				examiners in the manner prescribed by Paragraph (c) of this Rule.
(b) Service upon a party or intervenor who
				has appeared through an authorized representative or attorney need be made only
				upon such authorized representative or attorney.
(c) 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).
(d) Proof of service shall be accomplished by
				a written statement attached to the document served which sets forth the date
				and manner of service. Such certificate of service shall be filed with the
				pleading or document.
(e) Service
				to employees shall be accomplished by posting in at least one location where
				all affected employees have an opportunity to read the notice or pleading.
				Proof of posting shall be filed not later than the first working day following
				the posting.
(f) The notice of
				contest, notice of hearing, notice of withdrawal, notice of settlement and any
				order or decision of a hearing examiner or of the Board other than a procedural
				order, as well as the notice informing affected employees of their right to
				elect party status in any proceedings pursuant to Rule .0201 of this Chapter
				and of their right to contest the provisions of the abatement period must be
				posted.
(g) The notice to affected
				employees in the following form shall be required to be posted to comply with
				the requirements pursuant to Paragraph (f) of this Rule and shall be as
				follows:
TO THE EMPLOYEES OF:
Your employer has been charged with a violation of the
				  Occupational Safety and Health Act of North Carolina and is contesting this
				  alleged violation before the Safety and Health Review Board, an independent
				  agency. If you want to have a say in this matter, you must write to:
Safety and Health
Review Board of North Carolina
121 West Jones Street
Raleigh, North Carolina 27603.
As an affected employee, you have a right to participate in
				  this matter as a party. To participate as a party, you must request party
				  status.
Write to:
Safety and Health
Review Board of North Carolina
121 West Jones Street
Raleigh, North Carolina 27603.
(h) The notice of settlement and notice for
				modification of abatement must be posted.
(1)
				Settlement. In any case where a settlement is proposed, a hearing shall be held
				on request of any party, intervenor, employee, or authorized employee
				representative. The employer must post a notice indicating that a settlement is
				proposed and that the settlement may be approved by a hearing examiner, without
				a hearing, unless objection is received from any party, intervenor, employee,
				or authorized employee representative within 15 working days of the date of the
				posting of the notice of proposed settlement. Such notice of proposed
				settlement shall be posted promptly after the parties agree on the proposed
				settlement, and in no case later than five days after the agreement on the
				proposed settlement. The notice must inform employees that they have a right to
				object to the reasonableness of any abatement time and that to protect such
				rights they must write to the Safety and Health Review Board of North Carolina,
				121 West Jones Street, Raleigh, North Carolina 27603, stating the grounds for
				their objection and their desire to participate.
(2) Modification of Abatement. In any case
				where a petition for modification of abatement is filed, the employer must post
				a notice in a conspicuous place of this fact, together with a notice that
				employees or authorized employee representatives have a right to object to the
				proposed modification of abatement. The notice must inform affected employees
				that they have a right to appear to object to the proposed modification of
				abatement; and that to protect such a right they must file notice of their
				objection within 15 working days from the date of posting of such petition for
				modification of abatement and documents pertaining to the case may be inspected
				at the Review Board office. Such notice must be filed with the Safety and
				Health Review Board of North Carolina, 121 West Jones Street, Raleigh, North
				Carolina 27603.