NAC618.6488. Conference for discussion of intended contest of citation, date for abatement or proposed penalty.

     1. At the request of an affected employer, an affected employee or a representative of employees, the district manager may hold a conference for discussion of:

     (a) An intended contest of a citation;

     (b) A date for an abatement; or

     (c) A proposed penalty,

Ê within 15 days after receipt of the citation or before a notice of contest is filed with the Enforcement Section.

     2. Whenever such a conference is requested by an employer or employee, both parties must be afforded the opportunity to participate.

     3. If the party requesting the conference objects to the attendance of the other party, the district manager may hold separate conferences.

     4. Any party may be represented by counsel at such a conference.

     5. No such conference operates to stay the 15-day period for notifying the Enforcement Section of an intent to contest a citation, date of abatement or proposed penalty or to file an appeal.

     6. If the parties reach agreement on any issue raised at such a conference, their agreement must be embodied in a determination by the district manager, based on findings of fact, affirming, modifying or vacating the citation or penalty or directing other appropriate relief.

     (Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83)