Informal Conferences

(1) At the request of an affected employer, employee, or representative of employees, the Commissioner may hold an informal conference for the purpose of discussing any issues raised by an inspection, citation, notice of proposed penalty, or notice of intention to contest. If the conference is requested by the employer, an affected employee or his representative shall be afforded an opportunity to participate, at the discretion of the Commissioner. If the conference is requested by an affected employee or representative of employees, the employer shall be afforded an opportunity to participate, at the discretion of the Commissioner. Any party may be represented by counsel at such conference. No such conference or request for such conference shall operate as a stay of any twenty (20)-day period for filing a notice of intention to contest as prescribed in Rule 0800-01-04-.18. (2) The settlement of any issue at such conference may be accomplished by issuance of an amended citation and notice of proposed penalty provided that no notice of intention to contest has been filed as prescribed in Rule 0800-01-04-.18 and that the 20-day period for filing a notice of intention to contest has not expired. If a notice of intention to contest has been filed by the employer, an employer, an employee, or a representative of employees, or the 20-day period for filing such notice has expired, the settlement of any issue at such conference shall be subject to the rules of procedure prescribed by the Occupational Safety and Health Review Commission.