Section 325.2444. Hearing procedures.

(1) The director shall serve a written notice upon  an  employer alleged to be in violation of these rules. The notice shall describe the alleged violation and set a date, time, and place for a hearing to determine whether a violation exists. The notice shall be delivered at least   15 days before the hearing date.

(2)     Evidence and testimony may be introduced at the hearing and all interested parties shall be given the full opportunity to present evidence and to cross-examine witnesses.

(3)      If a violation is found to exist, the director shall issue an order directing the person, firm, or corporation to correct the violation before a specified correction date. The correction date shall be established with consideration to the health hazard involved and the difficulty of eliminating the violation.

(4)     At the time of the hearing, or within 30 days after receipt of  an order from the director, the person, firm, or corporation may request an extension of the correction date. The director may grant an extension of the correction date, with consideration to the health hazard and  the   difficulty of correction, for a reasonable time

if it is shown that  the  violation  can and will be corrected before the extended correction date.

(5)     If a violation is not eliminated within the time specified, then the director shall issue a final order directing the person, firm, or corporation to cease the operation of the source that is in violation.

History: 1979 AC; 2003 AACS.