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Guide to Review Commission Procedures
Occupational Safety and Health Review Commission
November 1997
Table of Contents
Section 1 -- Introduction
The Review Commission
Purpose
Rules of Procedure
Parties May Represent Themselves
Time is of the Essence
Using This Guide
Sample Legal Documents
Questions Regarding Proper Procedure
Section 2 -- Preserving Your Rights and Choosing a Legal Process
OSHA Citation
Employer's Notice of Contest
Informal Conference with OSHA
Content and Effect of Notice
Informing Employees
Employees May Contest Abatement Period
Notice of Docketing
Party Requests for E-Z Trial
Choosing E-Z Trial or Conventional Trial Process
E-Z Trial Eliminates Paper Work
Section 3 -- An Overview of Conventional Proceedings
Employee Notification
The Complaint
The Answer
Contesting the Abatement Period
Discovery
Interlocutory Appeals
Withdrawal of Notice of Contest
Settlement
Hearings
Hearing Transcripts
Post-hearing Briefs
Judge's Decision and Petition for Discretionary Review
Sua Sponte Direction for Review
Decisions Final in 30 Days
Section 4 -- An Overview of E-Z Trial for Employers and Employees
What is an E-Z Trial?
Majors Features of E-Z Trial
Cases Eligible for E-Z Trial
Employee or Union Requests
Specific Considerations for Employers
Complaint and Answer
Beginning E-Z Trial
Notifying Other Parties
Objections to E-Z Trial
Discontinuing E-Z Trial
Restrictions on Obtaining Information and Flexibility Regarding Evidence
Required Information Disclosures
Pre-hearing Conference
Motions
Hearings
Review of the Judge's Decision
Section 5 -- Other Important Things To Know
Appearances in Commission Procedures
Penalties
Criminal Prosecution
Private (Ex Parte) Dicussions
Petition for Modification of Abatement
Expedited Proceedings
Maintaining Copies of Papers Filed with the Judge
Descriptive Tables on Commission Processes
Glossary
Appendixes/Sample Legal Documents
Notices of Contest
Complaint and Certificate of Service
Answer
Notice of Decision
Petition for Discretionary Review
Direction for Review
Notice of Withdrawal
Last
Updated:
March 27, 2003
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