13 NCAC 10 .0304. EMPLOYER CONTEST

(a)  Complaint

(1)           The commissioner shall file a complaint with the board no later than 20 days after his receipt of the notice of contest.

(2)           The complaint shall set forth all alleged violations and proposed penalties which are contested, stating with particularity:

(A)          the basis for jurisdiction;

(B)          the time, location, place and circumstances of each such alleged violation; and

(C)          the consideration upon which the period for abatement and proposed penalty on each such alleged violation is based.

(3)           Where the commissioner seeks in his complaint to amend his citation or proposed penalty, he shall set forth the reasons for amendment and shall state with particularity the change sought.

(b)  Answer

(1)           Within 15 days after service of the complaint, the party against whom the complaint was issued shall file an answer with the board.

(2)           The answer shall contain a short and plain statement denying each of those allegations in the complaint which the party intends to contest.  Any allegation not denied shall be deemed admitted.  Any affirmative defense must be expressed therein.

 

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

Eff. March 15, 1978.