13 NCAC 10 .0305. PETITION FOR MODIFICATION OF ABATEMENT PERIOD

(a)  Any employer who believes that he cannot comply with an abatement period may petition the director to modify the period no later than the close of the day in which abatement was originally required.  If the director finds that the abatement period should be modified, he will issue a special amended citation affecting only the abatement date, which must be posted in the same manner as the original citation.  If the director denies a request for modification of abatement period, he shall inform the employer in writing that the employer has 15 days to appeal this determination to the review board by a notice of appeal.

(b)  This notice of appeal shall set forth the reasons why the employer feels that a modification is in order.  It shall be posted for affected employees to read in accordance with Rule .0107(e) of this Chapter and shall be served on the Commissioner of Labor.

(c)  The director shall have 10 days after he has received the notice of appeal to submit a response.  This response shall set forth plainly and clearly his reasons for denying the request for modification of abatement period.

(d)  The board shall schedule a hearing and shall notify all parties and intervenors within 10 days after the response of the director is filed.

 

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

Eff. March 15, 1978.