Section 230-6-005 - AppealsA written Notice of Intent to appeal must be filed with the commissioner within thirty days of receipt of the Notice of Abatement. A hearing will be conducted pursuant to 230 NAC 3 of the Department's regulations, with further appeal pursuant to the Administrative Procedure Act.
A. Informal conference. If in disagreement prior to an employer's written notice of intent to contest, the state representative shall advise those attending the closing conference:
1. That a request for an informal conference with the Workplace Safety Consultation Program manager is strongly encouraged. The informal conference may be by phone or set up at the Workplace Safety Consultation Program manager's office. The informal conference provides an opportunity to:a. Resolve disputed violations and penalties without the necessity of recourse to the contested litigation process which can be time consuming and expensive;b. Obtain a more complete understanding of the specific safety or health standards which apply;c. Discuss ways to correct apparent violations;d. Discuss problems with proposed abatements dates;e. Discuss problems concerning employee safety and health practices.2. That the informal conference does not extend appeal or abatement periods.B. An employer may appeal an inspection fee if the employer feels the number of hours of inspection billed exceeds the actual number of hours spent on the inspection, or was grossly excessive for the level of inspection performed. Written Notice of Intent to appeal must be filed within thirty days of the date of mailing of the bill for the inspection. A hearing will be conducted pursuant to 230 NAC 3 of the Department's regulations with further appeal pursuant to the Administrative Procedure Act. Informal resolution of disputes is encouraged.230 Neb. Admin. Code, ch. 6, § 005