[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR2200.34]

[Page 266-267]
 
                             TITLE 29--LABOR
 
      CHAPTER XX--OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
 
PART 2200_RULES OF PROCEDURE--Table of Contents
 
                     Subpart C_Pleadings and Motions
 
Sec. 2200.34  Employer contests.

    (a) Complaint. (1) The Secretary shall file a complaint with the 
Commission no later than 20 days after receipt of the notice of contest.

[[Page 267]]

    (2) The complaint shall set forth all alleged violations and 
proposed penalties which are contested, stating with particularity:
    (i) The basis for jurisdiction;
    (ii) The time, location, place, and circumstances of each such 
alleged violation; and
    (iii) The considerations upon which the period for abatement and the 
proposed penalty of each such alleged violation are based.
    (3) Where the Secretary seeks in his complaint to amend his citation 
or proposed penalty, he shall set forth the reasons for amendment and 
shall state with particularity the change sought.
    (b) Answer. (1) Within 20 days after service of the complaint, the 
party against whom the complaint was issued shall file an answer with 
the Commission.
    (2) The answer shall contain a short and plain statement denying 
those allegations in the complaint which the party intends to contest. 
Any allegation not denied shall be deemed admitted.
    (3) The answer shall include all affirmative defenses being 
asserted. Such affirmative defenses include, but are not limited to, 
``infeasibility,'' ``unpreventable employee misconduct,'' and ``greater 
hazard.''
    (4) The failure to raise an affirmative defense in the answer may 
result in the party being prohibited from raising the defense at a later 
stage in the proceeding, unless the Judge finds that the party has 
asserted the defense as soon as practicable.

[57 FR 41685, Sept. 11, 1992]