13 NCAC 10 .0107. SERVICE AND NOTICE

(a)  At the time of filing pleadings or other documents, a copy thereof shall be served by the filing party or intervenor on every other party or intervenor.  If affected employees are represented by an authorized employee representative, the board shall serve such representative with copies of the employee rights notice of Paragraph (g) of this Rule, notice of hearing, notice of settlement, any final order of the board or hearing examiners in the manner prescribed by Paragraph (c) of this Rule.

(b)  Service upon a party or intervenor who has appeared through a representative need be made only upon such representative.

(c)  Unless otherwise ordered service may be accomplished by postage prepaid first class mail or by personal delivery.  Service is deemed effected at the time of mailing (if by mail) or at the time of personal delivery (if by personal delivery).

(d)  Proof of service shall be accomplished by a written statement of the same which sets forth the date and manner of service.  Such statement shall be filed with the pleading or document.

(e)  Service to employees shall be accomplished by posting in at least one location where all affected employees have an opportunity to read the notice or pleading. Proof of posting shall be filed not later then the first working day following the posting.

(f)  The notice of contest, notice of hearing, notice of withdrawal, and notice of settlement must be posted, as well as the notice informing affected employees of their right to elect party status in any proceedings pursuant to Rule .0201 of this Chapter and to contest the provisions of the abatement period.

(g)  A notice in the following form shall be deemed to comply with the requirements of Paragraph (f) of this Rule above for a notice of employee rights:

"(Name of Employer)

Your employer has contested a citation against him for allegedly violating the Occupational Safety and Health Act of North Carolina in that:  (here include the citation or specification of the alleged violation).  Affected employees or their representatives may elect party status in any proceedings.  A letter making such election should be addressed to:

Occupational Safety and Health Review Board

227 East Edenton Street ‑‑ Room 231

Raleigh, North Carolina 27601

All papers relevant to this matter may be inspected at:  (place reasonably convenient to employees, preferably at or near workplace)."

(h)  Where a notice of contest of abatement period is filed by an employee or employee representative, it must be served on the employer in the manner described in Paragraph (c) of this Rule.  The employer shall then post the notice or other documents.

(i)  Where posting is required by this Rule, such posting shall be maintained until the commencement of a hearing or until earlier disposition.

 

History Note:        Authority G.S. 95‑135;

Eff. March 15, 1978.