Within thirty (30) days from the receipt of the Citation, notice of penalty, or notice of abatement issued, any aggrieved party may request a contested case hearing before the Administrative Law Court.
- Employer contests: Employers may contest the citation, proposed penalty, abatement date, or any combination of the above. One (1) copy of the request for contested case hearing shall be provided to the Compliance Manager, and one (1) copy shall be posted on site along with a notice informing affected employees of their right to party status and of the availability of all pleadings for inspection and/or copying at reasonable times.
- Employee contests: Any employee or employee representative of an employer who has received a citation may contest the abatement date only. A copy of the request for contested case hearing shall be provided to the Deputy Director of OSHA.
If the employer, any employee or employee representative fails to file a request for contested case hearing, the Citation and penalty shall be deemed a final order and no further administrative review is allowed.
PLEASE NOTE: All requests for contested cases must be completed on this form and filed with the Administrative Law Court. Sending a request to the SC OSHA office does not satisfy the filing requirements.