Section 408.21433. Authority of board.

(1) In reviewing a report of a hearings officer, the board, by a vote of not less than a majority of its members, may:

(a)   Dismiss or modify the citation.

(b)   Modify the abatement time of the citation.

(c)    Issue a final order sustaining the citation, the abatement time, or the assessed penalty.

(d)  Vacate or modify assessed penalties.

(e)   Remand the case for the taking of additional evidence or for correction of proceedings.

(f)  Direct other appropriate relief.

(2) Upon a showing by an employer that a good faith effort has been made to comply with the abatement requirements of a citation that has become a final order of the board as provided in the act, and that the abatement has not been completed because of circumstances beyond  the  reasonable control of the employer, the board, after a hearing if requested by the employer, affected employees, or the department, shall issue an order affirming or modifying the abatement requirements in the citation.

History: 1979 AC.