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Article 3. Citation, Notice, Special Order, Order to Take Special Action, Notice of No Violations After Investigation: Procedures
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(a) If, after an inspection or investigation, the Division determines that a violation exists which is not classified as willful, serious, repeated, or related to a failure to abate, the Division may issue a Notice in lieu of citation if either of the following requirements are met:
(1) The violation does not bear a direct relationship upon employee safety or health, or;
(2) The violation bears a direct, but not immediate relationship upon employee safety or health, and is general or regulatory in nature.
(b) The Notice may be issued only if the criteria set forth in subdivision (a) hereof are satisfied, and in addition thereto, the employer agrees to abate the violative condition within a reasonable time as determined by the Division and agrees that the Notice will not be appealed. The agreement shall be indicated by the signature of the employer, or authorized employer representative, on the Notice itself.
(c) A Notice shall not be issued if the number of first instance violations, either general or regulatory, is 10 or more.
NOTE: Authority Cited: Sections 54, 55 and 6317, Labor Code. Reference: Section 6317, Labor Code.
1. Renumbering of former Section 332.1 to section 332.2 and new section 332.1 filed 1-15-87; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 87, No. 3). For prior history, see Registers 85, No. 38; 84, No. 52 and 75, No. 10.
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