- Part Number:2200
- Part Number Title:Rules of Procedure
- Subpart:2200 Subpart C
- Subpart Title:Pleadings and Motions
- Standard Number:
- Title:Employer contests.
- GPO Source:
The Secretary shall file a complaint with the Commission no later than 21 days after receipt of the notice of contest.
Where the Secretary seeks in the complaint to amend the citation or proposed penalty, the Secretary shall set forth the reasons for amendment and shall state with particularity the change sought.
Within 21 days after service of the complaint, the party against whom the complaint was issued shall file an answer with the Commission.
The answer shall include all affirmative defenses being asserted. Such affirmative defenses include, but are not limited to, "infeasibility," "unpreventable employee misconduct," and "greater hazard."
Motions filed in lieu of an answer. A motion filed in lieu of an answer pursuant to this subpart shall be filed no later than 21 days after service of the complaint. The form and content of the motion shall comply with § 2200.40.
[57 FR 41685, Sept. 11, 1992]