Section R20-5-806. Service and Notice

A.      At the time of filing pleadings or other documents a copy thereof shall be served by the filing party on every other party.

B.       Service upon a party who has appeared through a representa- tive shall be made only upon such representative.

C.      Unless otherwise herein indicated, service may be accom- plished by postage prepaid first class mail or by personal delivery. Service is deemed effected at the time of mailing (if by mail) or at the time of personal delivery (if by personal delivery).

D.      Proof of service shall be accomplished by a written statement of the same which sets forth the date and manner of service. Such statement shall be filed with the pleading or document.

E.       Service and notice to employees represented by an authorized employee representative shall be deemed accomplished by serving the representative in the manner prescribed in subsec- tion (C).

F.       In the event that there are any affected employees who are not represented by an authorized employee representative, the employer shall, immediately upon receipt of Notice of the Date of Hearing, post, where the citation is required to be posted, a copy of the Notice of Date of Hearing and a notice informing such affected employees of their right to appear at the hearing and state their position and of the availability of all pleadings for inspection and copying at reasonable times. A notice in the following form shall be deemed to comply with this subsection:

(Name of employer)

Your employer has been cited by the Industrial Commission of Arizona for violation of the Arizona Occupational Safety and Health Act of 1972. The citation has been contested and will be the subject of a hearing before the Industrial Commission. Affected employees are entitled to appear in this hearing under the terms and conditions established by the Industrial Commission in its Rules of Proce- dure. Notice of Intent to Participate should be sent to:

THE INDUSTRIAL COMMISSION

OF ARIZONA

1601 West Jefferson Street, Phoenix, Arizona 85007.

All papers relevant to this matter may be inspected at:

(Place reasonably convenient to employees, prefera- bly at or near workplace.)

Where appropriate, the second sentence of the above Notice will be deleted and the following sentence will be substituted:

The reasonableness of the period prescribed by the Industrial Commission for abatement of the viola- tion has been contested and will be the subject of a hearing before the Industrial Commission.

G.      Where service is accomplished by posting, proof of such post- ing shall be filed not later than the first working day following the posting.

H.      The authorized employee representative, if any, shall be served with the notice set forth in subsection (G) and with a copy of the Notice of the Date of Hearing.

I.        A copy of the Notice of the Date of Hearing shall be served by the employer on affected employees who are not represented by an authorized employee representative by posting a copy of the Notice of such hearing at or near the place where the cita- tion is required to be posted.

J.        A copy of the Notice of the Date of Hearing shall be served by the employer on the authorized employee representative of affected employees in the manner prescribed in subsection (C) of this Section, if the employer has not been informed that the

authorized employee representative has entered an appearance as of the date such Notice is received by the employer.

K.      Where a petition for hearing is filed by an affected employee who is not represented by an authorized employee representa- tive and there are other affected employees who are repre- sented by an authorized employee representative, the unrepresented employee shall, upon receipt of the Notice of the Date of Hearing, serve a copy thereof on such authorized employee representative in the manner prescribed in subsec- tion (C) of this Section and shall file proof of such service.

L.       Where a Petition for Hearing is filed by an affected employee or an authorized employee representative, a copy of the Peti- tion for Hearing shall be provided to the employer for posting by the employer at the place the citation is required to be posted.

M.     An authorized employee representative who files a Notice of Contest shall be responsible for serving any other authorized employee representative whose members are affected employ- ees.

N.      Where posting is required by this Section, such posting shall be maintained until the commencement of the hearing or until earlier disposition.

Historical Note

Adopted effective March 20, 1975 (Supp. 75-1). R20-5-

806  recodified from R4-13-806 (Supp. 95-1).