This information is provided to assist you in understanding how your case will proceed and is intended for that purpose only.  You must refer to the Commission's Rules of Procedure (803 KAR 50:010) for guidance about specific rules.

PLEASE READ CAREFULLY

1.The KOSH Review Commission was established by statute as an independent agency to provide due process of law to those who contest occupational safety and health citations. (See KRS 338.071, and KRS 338.081)  The commission is a part of Kentucky's Occupational Safety and Health program, but it is completely independent of the Labor Cabinet.  Stated simply, an attorney for the Labor Cabinet is responsible for prosectuting your case, and the Review Commission is responsible for hearing the evidence presented by both parties and reaching a fair and impartial decision.  The Commissioner of Labor has the burden of proving the charges alleged in the citation and complaint are accurate.  If the commissioner fails to prove his case, the citation will be dismissed by the Review Commission.  See 803 KAR 50:010, Section 43 (1) of the commission's Rules of Procedure.

2. In proceedings before the Review Commission if your business is not incorporated you may represent yourself or hire an attorney.  If your business is incorporated, you must hire an attorney to represent the corporation at the hearing.  Whichever of these options fits your circumstances, you will be be allowed full participation.

3. In order for you to fully participate in the prehearing telephone conferences with the hearing officer and the Labor Cabinet's attorney, you should be familiar with the Rules of Procedure.  Failure to follow these rules could result in dismissal of your contest.  You may contact someone at our office, (502) 573-6892 for questions about procedural matters.  However, you may not discuss the merits of your case with anyone at the Commission unless all parties to the case are present, either in person or by telephone.  See Section 54 of the Commission's Rules of Procedure.

4. Within twenty (20) days from the date the Labor Cabinet received your letter of contest, the commissioner is required to file a formal complaint with this Commission.  The Commissioner of Labor will serve you a copy of the complaint either by certified mail or personal service.  Section 20 (4) of the Commission's rules says you shall file a written response, also called an Answer, to the complaint within fifteen (15) days  of thte date you received the complaint.  Your answer should deny any fact asserted in the complaint with which you disagree; a general denial is all that is necessary.  Any allegation in the complaint not denied will be deemed admitted and can be used against you at the hearing. The original of your answer is to be mailed to the Review Commission, and a copy of your answer is to be mailed to the Labor Cabinet.  If you require additional time to respond, you may file a written request for an extension with the Review Commission.  Extensions will be granted at the discretion of the Review Commission.  If you fail to file an answer, your case will be dismissed by this commission or its hearing officer.

5. Once we receive your answer here at the Review Commission, your case will be forwarded to the Office of the Attorney General for assignment to a hearing officer and scheduling of a hearing.  The hearing officer will preside over and regulate the course of the hearing.  If necessary, the hearing officer has the duty and authority to exclude any individual from the hearing who engages in improper or disrepectful conduct.  See Section 36 (6) of our Rules of Procedure.

6. After the hearing is concluded and the parties have submitted briefs to the hearing officer, the hearing officer will forward his recommended order to the Commission for issuance.   When the hearing officer's order is issued by the Commission, a copy will be mailed to you.  If you do not agree with the hearing officer's recommened order, you may ask the Commission to review the hearing officer's recommended order.   To do this, you must file a petition for discretionary review with the Commission.  The petition must be received by the commission within 25 days of the date the hearing officer's recommended order is issued.  See Section 48 of the Commissions's Rules of Procedure.

7. The Review Commission encourages settlement of its cases at any stage of the preceedings.  If settlement of this case is an option you would like to pursue, you are encouraged to contact the attorney who filed the complaint for the Commissioner of Labor (see page 2 of the Notice of Receipt of Contest) at (502) 564-3070.