Section R20-5-621. Citations: Notices of De Minimis Violations

A.      The Division Director shall review the inspection reports of the Compliance Safety and Health Officer. If, on the basis of the report, the Division Director believes that the employer has violated a requirement of A.R.S. § 23-403 of the Act, of any standard, rule or order promulgated pursuant to A.R.S. § 23- 410 of the Act, or of any substantive rule published in these rules, he shall, if appropriate, consult with the Industrial Com- mission’s counsel and shall issue to the employer either a cita- tion or notice of de minimis violations. An appropriate citation or notice of de minimis violation shall be issued even though

after being informed of an alleged violation by the Compliance Safety and Health Officer, the employer immediately abates, or initiates steps to abate, such alleged violation. Any citation or notice of de minimis violations shall be issued with reason- able promptness after termination of the inspection. No cita- tion may be issued under this rule after the expiration of six months following the occurrence of any alleged violation.

B.       If a citation or notice of de minimis violation issued for a vio- lation alleged in a request for inspection under A.R.S. § 23- 408(E), a copy of the citation or notice of de minimis violation shall also be sent to the employee or representative of employ- ees who made such request or notification.

C.      After an inspection, if the Division Director determines that a citation is not warranted with respect to a danger or violation alleged to exist in a request for inspection under A.R.S. § 23- 408(E), the informal review procedures prescribed in rule R20-5-619(A) shall be applicable. After considering all views presented, the Industrial Commission shall affirm the determi- nation of the Division Director, order a reinspection, or issue a citation if the Industrial Commission believes that the inspec- tion disclosed a violation. The Industrial Commission shall furnish the complaining party and the employer with a written notification of their determination and the reasons therefore. The determination of the Industrial Commission shall be final and not subject to review.

D.      Every citation shall state that the issuance of a citation does not constitute a finding that a violation of the Act has occurred unless there is a failure to contest as provided for in the Act or, if contested, unless a citation is affirmed by the Hearing Divi- sion or the Review Commission.

Historical Note

Adopted as an emergency effective May 24, 1977, pursu- ant to A.R.S. § 41-1003, valid for only 90 days (Supp. 77- 3). Repealed as an emergency effective November 16, 1977, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 77-6). Adopted as an emergency effective October 29, 1980, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 80-5). Former Section R4-13-620 adopted as an emergency effective October 29, 1980, renumbered and amended as Section R4-13-621 effective March 2, 1981 (Supp. 81-2). R20-5-621 recodified from

R4-13-621 (Supp. 95-1).