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Title 8 . Labor and Workforce Development
Chapter 61 . Boiler and Pressure Vessel Construction Code
Section 185. Withdrawal of citations, proposed penalty, or notices of contest

8 AAC 61.185. Withdrawal of citations, proposed penalty, or notices of contest

(a) The department will, in its discretion, 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 If a citation or proposed penalty is withdrawn before the hearing in a contested case, a notice of withdrawal must be submitted in writing to the board and copies must be mailed or personally delivered to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 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.

History: Eff. 12/2/94, Register 132

Authority: AS 18.60.020

AS 18.60.057

AS 18.60.093

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Last modified 7/05/2006