Section 310. Contest of abatement period

A. The employer, employees, or employee representative may, by written notification to the commissioner, contest the time permitted for abatement.

B. The notice of contest of abatement period must be in writing and shall have been delivered by hand or mailed to the commissioner within 15 working days from the date of the receipt of the citation and order of abatement.

C. The same procedures and requirements used for contest of citation and penalty, set forth at 16VAC25-60-270, 16VAC25-60-280, 16VAC25-60-290, and 16VAC25-60-300, shall apply to contests of abatement period.

D. The time permitted for abatement, if contested in good faith and not merely for delay, does not begin to run until the entry of a final order of the circuit court.

Historical Notes

Derived from VR425-02-95 § 7.1, eff. July 1, 1994.

Statutory Authority

§ 40.1-22(5) of the Code of Virginia.