Chapter 3.2. California Occupational Safety and Health Regulations (CAL/OSHA)
Subchapter 1. Regulations of the Director of Industrial Relations
Article 4. Proposed Penalty Procedure

§ 333. Notice of Proposed Assessment of Civil Penalties; Final Order.

(a) Where a civil penalty is indicated, the Division shall after, or concurrent with the issuance of a citation, and within a reasonable time after the date the violation occurred, notify the employer by certified mail of the civil penalty proposed by the Division respecting the item(s) set forth as violation(s) in the citation. Any citation and/or Notice of Proposed Civil Penalty shall be deemed to be the final order of the Appeals Board, not subject to review by or appeal to any court or agency, unless within 15 working days from the date of the receipt of such citation or such notice of proposed civil penalty, the employer notifies the Appeals Board in writing of his intention to contest the citation and/or the civil penalty, with respect to violations alleged by the division, abatement periods, amount of proposed penalties, and the reasonableness of the changes required by the division to abate the condition.

(b) Notwithstanding subsection (a), if an employer timely submits to the Division proof of satisfactory abatement of a Serious violation, the Division shall modify the civil penalty of the corresponding citation pursuant to Section 336(e)(2), even if the citation has become a final order of the Appeals Board. If the Division rejects an employer's timely-submitted proof of abatement as unsatisfactory, or if the Division fails to modify the penalty as required following the timely submission of proof of satisfactory abatement, then an employer may appeal such actions pursuant to Section 359 of Title 8 of the California Code of Regulations.

Note: Authority cited: Sections 54, 55 and 6319, Labor Code. Reference: Section 6319, Labor Code.

HISTORY

1. Amendment filed 3-7-75; effective thirtieth day thereafter (Register 75, No. 10).

2. Amendment filed 12-28-84; effective thirtieth day thereafter (Register 84, No. 52).

3. Amendment of section heading, redesignation of existing section as subsection (a) and new subsection (b) filed 2-12-2015 as an emergency; operative 2-12-2015 (Register 2015, No. 7). A Certificate of Compliance must be transmitted to OAL by 8-11-2015 or emergency language will be repealed by operation of law on the following day.

4. Amendment of section heading, redesignation of existing section as subsection (a) and new subsection (b) refiled 8-10-2015 as an emergency; operative 8-10-2015 (Register 2015, No. 33). A Certificate of Compliance must be transmitted to OAL by 11-9-2015 or emergency language will be repealed by operation of law on the following day.

5. Amendment of section heading, redesignation of existing section as subsection (a) and new subsection (b) refiled 11-5-2015 as an emergency; operative 11-5-2015 (Register 2015, No. 45). A Certificate of Compliance must be transmitted to OAL by 2-3-2016 or emergency language will be repealed by operation of law on the following day.

6. Reinstatement of section as it existed prior to 2-12-2015 emergency amendment by operation of Government Code section 11346.1(f) (Register 2016, No. 12).

7. Amendment of section heading and section filed 3-14-2016; operative 3-14-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 12).