Tennessee § 50-3-307 - Citation of violations.

§ 50-3-307. Citation of violations.

If, upon an inspection or investigation, the commissioner believes that an employer is not in compliance with any standard or regulation promulgated by the commissioner pursuant to this chapter, the commissioner shall, with reasonable promptness and in no event later than six (6) months following the inspection, issue to the employer by certified mail, by delivery service with delivery receipt, or via hand delivery, a written citation that states the nature and location of the violation, including a reference to the chapter, standard or regulation alleged to have been violated. In addition, the citation shall fix a reasonable time for abatement of the violation. If the commissioner has reason to believe that the violation, or the failure to abate the violation, should result in the assessment of a penalty under §§ 50-3-402 — 50-3-408, the citation may so state. A copy of each citation shall immediately be posted by the employer at or near each location referred to in the citation. Whenever the abatement or correction requirements of this chapter conflict with any local zoning ordinance, this chapter shall govern. A citation issued pursuant to this chapter shall become a final order of the department twenty (20) days after its receipt by the employer. At any time within twenty (20) days after receipt of the citation, an employer or affected employee, or group of employees or their representative, may advise the commissioner of objections to the terms and conditions of the citation. Upon receipt of the objections, the commissioner shall notify the occupational safety and health review commission of the receipt of the objections, and the commission shall afford an opportunity for a hearing. The commission shall thereafter issue an order affirming, modifying or vacating the citation. The order shall become final thirty (30) days after its issuance, unless within that period judicial review of the order has been sought pursuant to § 50-3-806. Acts 1972, ch. 561, § 9; 1974, ch. 585, §§ 12, 13; 1977, ch. 111, §§ 15, 16; T.C.A., §§ 50-526, 50-527; Acts 1999, ch. 520, § 41; 2001, ch. 62, § 1; 2007, ch. 102, § 1. Attorney General Opinions. State agency assessment of penalty without jury trial, OAG 99-123 (6/18/99).