HAR §12-51-18. Employee contests of correction period

(a) Any employee or their designated representative may file a written notice of contest of the initial correction period stated in a citation or order with the director alleging that the period of time fixed for correction is unreasonable, provided the notice is postmarked or if not mailed, received by the director within twenty calendar days after the citation or order has been posted. If not mailed, the date of receipt by the director shall be the date stamped on the contest by the director. (b) Any employee or their designated representative may file a written notice of contest to an employer's petition for modification of the correction date or request an informal conference under section 12-51-21. However, failure to file this notice of contest which must be postmarked or if not mailed, received by the director within ten calendar days of the date of posting of the petition or of service upon a designated representative shall constitute a waiver of any further right to object to the petition. If not mailed, the date of receipt by the director shall be the date stamped on the contest by the director. (c) The director shall advise the appeals board of a notice of contest upon receipt of any notice of contest. (d) The appeals board shall afford an opportunity for a hearing on any notice of contest. The affected employees or their designated representatives shall be provided an opportunity to participate as parties to hearings on notices of contest. §12-51 11 (e) At any hearing on a notice of contest of an employer petition for a modification of the correction period, the employer shall have the burden of proving the requirements for a petition in section 12-51-17(a). [Eff. 7/12/82; am 8/15/87; am 8/10/95; am 11/16/96; am 7/10/97] (Auth: HRS §396-4) (Imp: HRS §§396-4, 396-10)