OAR 437-001-0265: Amendment, Reissue or Withdrawal of Citation

(1) When the Division identifies an error or errors in the citation, the Administrator may, for good cause, amend, reissue or withdraw a citation provided: (a) Such action will not reduce the occupational safety and health protection of affected employees; (b) No appeal has been filed with the Board to contest the citation; (c) The time for filing an appeal has not expired; and (d) The employee representative, if any, has been notified of the proposed amendment. (2) The employer receiving an amendment or withdrawal shall post the document as required by OAR 437-001-0275(2). (3) An amendment or withdrawal of an appealed citation or order shall be made in accordance with the Board's rules (OAR 438) for contested cases. The administrator shall notify the employee representative of any proposed settlement or withdrawal made according to OAR 438. (4) Any withdrawal, or amendment of an appealed citation that reduces the penalty or extends the correction times of an alleged serious or willful violation shall not be made without written approval of the Director.