[Code of Federal Regulations]
[Title 29, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1903.15]

[Page 35-36]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                                OF LABOR
 
PART 1903_INSPECTIONS, CITATIONS AND PROPOSED PENALTIES--Table of Contents
 
Sec. 1903.15  Proposed penalties.

    (a) After, or concurrent with, the issuance of a citation, and 
within a reasonable time after the termination of the inspection, the 
Area Director shall notify the employer by certified mail or by personal 
service by the Compliance Safety and Health Officer of the proposed 
penalty under section 17 of the Act, or that no penalty is being 
proposed. Any notice of proposed penalty shall state that the proposed

[[Page 36]]

penalty shall be deemed to be the final order of the Review Commission 
and not subject to review by any court or agency unless, within 15 
working days from the date of receipt of such notice, the employer 
notifies the Area Director in writing that he intends to contest the 
citation or the notification of proposed penalty before the Review 
Commission.
    (b) The Area Director shall determine the amount of any proposed 
penalty, giving due consideration to the appropriateness of the penalty 
with respect to the size of the business of the employer being charged, 
the gravity of the violation, the good faith of the employer, and the 
history of previous violations, in accordance with the provisions of 
section 17 of the Act.
    (c) Appropriate penalties may be proposed with respect to an alleged 
violation even though after being informed of such alleged violation by 
the Compliance Safety and Health Officer, the employer immediately 
abates, or initiates steps to abate, such alleged violation. Penalties 
shall not be proposed for de minimis violations which have no direct or 
immediate relationship to safety or health.