Failure To Correct

(1) If an inspection discloses that an employer has failed to correct an alleged violation for which a citation has been issued within the period permitted for its correction, the Commissioner shall notify the employer by certified mail or by personal service by the compliance officer of such failure and of the additional penalty proposed under T.C.A. §50-3-404 by reason of such failure. The period for the correction of a violation for which a citation has been issued shall not begin to run until the entry of a final order of the TOSHRC in the case of any review proceedings initiated by the employer in good faith and not solely for delay or avoidance of penalties. (2) Any employer receiving a notification of failure to correct a violation and of proposed additional penalty may, under T.C.A. §50-3-407, notify the Commissioner in writing that he OCCUPATIONAL SAFETY AND HEALTH INSPECTIONS, CHAPTER 0800-01-04 CITATIONS AND PROPOSED PENALTIES intends to contest such notification or proposed additional penalty before the TOSHRC. Such notice of intention to contest shall be postmarked within twenty (20) days of the receipt by the employer of the notification of failure to correct a violation and of proposed additional penalty. The Commissioner shall immediately transmit such notice to the TOSHRC in accordance with the rules of procedure prescribed by the Commission. (3) Each notification of failure to correct a violation and of proposed additional penalty shall state that it shall be deemed to be the final order of the TOSHRC and not subject to review by any court or agency unless, within twenty (20) days from the date of receipt of such notification, the employer notifies the Commissioner in writing that he intends to contest the notification or the proposed additional penalty before the TOSHRC.