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29 U.S.C. § 659 — Enforcement procedures
Federal law — U.S. Code and appendices · legal_authorities
**(a) Notification of employer of proposed assessment of penalty subsequent to issuance of citation; time for notification of Secretary by employer of contest by employer of citation or proposed assessment; citation and proposed assessment as final order upon failure of employer to notify of contest and failure of employees to file notice** If, after an inspection or investigation, the Secretary issues a citation under [section 658(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section658/a&num=0&edition=prelim), he shall, within a reasonable time after the termination of such inspection or investigation, notify the employer by certified mail of the penalty, if any, proposed to be assessed under [section 666 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section666&num=0&edition=prelim) and that the employer has fifteen working days within which to notify the Secretary that he wishes to contest the citation or proposed assessment of penalty. If, within fifteen working days from the receipt of the notice issued by the Secretary the employer fails to notify the Secretary that he intends to contest the citation or proposed assessment of penalty, and no notice is filed by any employee or representative of employees under subsection (c) within such time, the citation and the assessment, as proposed, shall be deemed a final order of the Commission and not subject to review by any court or agency.
**(b) Notification of employer of failure to correct in allotted time period violation for which citation was issued and proposed assessment of penalty for failure to correct; time for notification of Secretary by employer of contest by employer of notification of failure to correct or proposed assessment;
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Stable record: federal_law:legal_authorities:record_usc_dcc892b1ca73f03ae0b388a7
Source file: Laws/federal/codes/united-states-code/title-29/section-659-enforcement-procedures--8f1604e2c1.md
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Source location: Title 29, Chapter 15, § 659; chapter-015-occupational-safety-and-health.md
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**(a) Notification of employer of proposed assessment of penalty subsequent to issuance of citation; time for notification of Secretary by employer of contest by employer of citation or proposed assessment; citation and proposed assessment as final order upon failure of employer to notify of contest and failure of employees to file notice** If, after an inspection or investigation, the Secretary issues a citation under [section 658(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section658/a&num=0&edition=prelim), he shall, within a reasonable time after the termination of such inspection or investigation, notify the employer by certified mail of the penalty, if any, proposed to be assessed under [section 666 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section666&num=0&edition=prelim) and that the employer has fifteen working days within which to notify the Secretary that he wishes to contest the citation or proposed assessment of penalty. If, within fifteen working days from the receipt of the notice issued by the Secretary the employer fails to notify the Secretary that he intends to contest the citation or proposed assessment of penalty, and no notice is filed by any employee or representative of employees under subsection (c) within such time, the citation and the assessment, as proposed, shall be deemed a final order of the Commission and not subject to review by any court or agency.
**(b) Notification of employer of failure to correct in allotted time period violation for which citation was issued and proposed assessment of penalty for failure to correct; time for notification of Secretary by employer of contest by employer of notification of failure to correct or proposed assessment; notification or proposed assessment as final order upon failure of employer to notify of contest** If the Secretary has reason to believe that an employer has failed to correct a violation for which a citation has been issued within the period permitted for its correction (which period shall not begin to run until the entry of a final order by the Commission in the case of any review proceedings under this section initiated by the employer in good faith and not solely for delay or avoidance of penalties), the Secretary shall notify the employer by certified mail of such failure and of the penalty proposed to be assessed under [section 666 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section666&num=0&edition=prelim) by reason of such failure, and that the employer has fifteen working days within which to notify the Secretary that he wishes to contest the Secretary’s notification or the proposed assessment of penalty. If, within fifteen working days from the receipt of notification issued by the Secretary, the employer fails to notify the Secretary that he intends to contest the notification or proposed assessment of penalty, the notification and assessment, as proposed, shall be deemed a final order of the Commission and not subject to review by any court or agency.
**(c) Advisement of Commission by Secretary of notification of contest by employer of citation or notification or of filing of notice by any employee or representative of employees; hearing by Commission; orders of Commission and Secretary; rules of procedure** If an employer notifies the Secretary that he intends to contest a citation issued under [section 658(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section658/a&num=0&edition=prelim) or notification issued under subsection (a) or (b) of this section, or if, within fifteen working days of the issuance of a citation under [section 658(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section658/a&num=0&edition=prelim), any employee or representative of employees files a notice with the Secretary alleging that the period of time fixed in the citation for the abatement of the violation is unreasonable, the Secretary shall immediately advise the Commission of such notification, and the Commission shall afford an opportunity for a hearing (in accordance with [section 554 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim) but without regard to subsection (a)(3) of such section). The Commission shall thereafter issue an order, based on findings of fact, affirming, modifying, or vacating the Secretary’s citation or proposed penalty, or directing other appropriate relief, and such order shall become final thirty days after its issuance. Upon a showing by an employer of a good faith effort to comply with the abatement requirements of a citation, and that abatement has not been completed because of factors beyond his reasonable control, the Secretary, after an opportunity for a hearing as provided in this subsection, shall issue an order affirming or modifying the abatement requirements in such citation. The rules of procedure prescribed by the Commission shall provide affected employees or representatives of affected employees an opportunity to participate as parties to hearings under this subsection.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This section applies, according to the provisions thereof, in every case of adjudication required by statute to be determined on the record after opportunity for an agency hearing, except to the extent that there is involved—
(1) a matter subject to a subsequent trial of the law and the facts de novo in a court;
(2) the selection or tenure of an employee, except a 11 So in original. administrative law judge appointed under [section 3105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim);
(3) proceedings in which decisions rest solely on inspections, tests, or elections;
(4) the conduct of military or foreign affairs functions;
(5) cases in which an agency is acting as an agent for a court; or
(6) the certification of worker representatives.
**(b)** Persons entitled to notice of an agency hearing shall be timely informed of—
(1) the time, place, and nature of the hearing;
(2) the legal authority and jurisdiction under which the hearing is to be held; and
(3) the matters of fact and law asserted.
When private persons are the moving parties, other parties to the proceeding shall give prompt notice of issues controverted in fact or law; and in other instances agencies may by rule require responsive pleading. In fixing the time and place for hearings, due regard shall be had for the convenience and necessity of the parties or their representatives.
**(c)** The agency shall give all interested parties opportunity for—
(1) the submission and consideration of facts, arguments, offers of settlement, or proposals of adjustment when time, the nature of the proceeding, and the public interest permit; and
(2) to the extent that the parties are unable so to determine a controversy by consent, heari
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 554
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Willful or repeated violation** Any employer who willfully or repeatedly violates the requirements of [section 654 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section654&num=0&edition=prelim), any standard, rule, or order promulgated pursuant to [section 655 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section655&num=0&edition=prelim), or regulations prescribed pursuant to this chapter may be assessed a civil penalty of not more than $70,000 for each violation, but not less than $5,000 for each willful violation.
**(b) Citation for serious violation** Any employer who has received a citation for a serious violation of the requirements of [section 654 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section654&num=0&edition=prelim), of any standard, rule, or order promulgated pursuant to [section 655 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section655&num=0&edition=prelim), or of any regulations prescribed pursuant to this chapter, shall be assessed a civil penalty of up to $7,000 for each such violation.
**(c) Citation for violation determined not serious** Any employer who has received a citation for a violation of the requirements of [section 654 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section654&num=0&edition=prelim), of any standard, rule, or order promulgated pursuant to [section 655 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section655&num=0&edition=prelim), or of regulations prescribed pursuant to this chapter, and such violation is specifically determined not to be of a serious nature, may be assessed a civil penalty
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 666
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Filing of petition by persons adversely affected or aggrieved; orders subject to review; jurisdiction; venue; procedure; conclusiveness of record and findings of Commission; appropriate relief; finality of judgment** Any person adversely affected or aggrieved by an order of the Commission issued under subsection (c) of [section 659 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section659&num=0&edition=prelim) may obtain a review of such order in any United States court of appeals for the circuit in which the violation is alleged to have occurred or where the employer has its principal office, or in the Court of Appeals for the District of Columbia Circuit, by filing in such court within sixty days following the issuance of such order a written petition praying that the order be modified or set aside. A copy of such petition shall be forthwith transmitted by the clerk of the court to the Commission and to the other parties, and thereupon the Commission shall file in the court the record in the proceeding as provided in [section 2112 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim). Upon such filing, the court shall have jurisdiction of the proceeding and of the question determined therein, and shall have power to grant such temporary relief or restraining order as it deems just and proper, and to make and enter upon the pleadings, testimony, and proceedings set forth in such record a decree affirming, modifying, or setting aside in whole or in part, the order of the Commission and enforcing the same to the extent that such order is affirmed or modified. The commencement of proceedings under this subsection shall not, unless ordered by the court, operate as a sta
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 660
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Federal law — U.S. Code and appendices · legal_authorities
Page 175
TITLE 29—LABOR
§ 660
scribe with particularity the nature of the viola-
tion, including a reference to the provision of
the chapter, standard, rule, regulation, or order
alleged to have been violated. In addition, the
citation shall fix a reasonable time for the
abatement of the violation. The Secretary may
prescribe procedures for the issuance of a notice
in lieu of a citation with respect to de minimis
violations which have no direct or immediate re-
lationship to safety or health.
(b) Posting
Each citation issued under this section, or a
copy or copies thereof, shall be prominently
posted, as prescribed in regulations issued by
the Secretary, at or near each place a violation
referred to in the citation occurred.
(c) Time for issuance
No citation may be issued under this section
after the expiration of six months following the
occurrence of any violation.
(Pub. L. 91–596, § 9, Dec. 29, 1970, 84 Stat. 1601.)
§ 659. Enforcement procedures
(a) Notification of employer of proposed assess-
ment of penalty subsequent to issuance of ci-
tation; time for notification of Secretary by
employer of contest by employer of citation
or proposed assessment; citation and pro-
posed assessment as final order upon failure
of employer to notify of contest and failure of
employees to file notice
If, after an inspection or investigation, the
Secretary issues a citation under section 658(a)
of this title, he shall, within a reasonable time
after the termination of such inspection or in-
vestigation, notify the employer by certified
mail of the penalty, if any, proposed to be as-
sessed under section 666 of this title and that the
employer has fifteen working days within which
to notify the Secretary that he wishes to con-
test the citation or propose
Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 659
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