{"data":{"id":"us-ky/krs-338.141","jurisdiction":"us-ky","citation":"KRS 338.141","heading":"Issuance of citation by commissioner -- Time limitation for issuance of","body":"citation -- Additional time for compliance -- Hearing.\n(1) If upon inspection an authorized representative of the commissioner finds that an\nemployer has violated any req uirement of this chapter, a citation shall be issued to\nthe employer. Each citation shall describe with particularity the alleged violation,\nincluding a reference to the provision of the act, standard, rule, or administrative\nregulation alleged to have bee n violated. Each citation shall establish the time\nperiod permitted for correction of the alleged violation by fixing a reasonable date\nfor elimination of the alleged violation and may propose a civil penalty to be paid.\nIf within fifteen (15) working days  from the receipt of the citation an employer,\nemployee, or the employees' representative fails to notify the commissioner that he\nor she intends to contest the citation, then the citation shall be deemed a final order\nof the review commission and not be subject to review by any court or agency.\n(2) Any citation or a notice of a de minimis violation shall be promptly issued after the\ninspection. A citation or a notice of a de minimis violation shall not be issued more\nthan six (6) months after the occurrenc e of any alleged violation. As used in this\nsubsection, a de minimis violation is a violation that has no direct or immediate\nrelationship to safety or health. A citation that is issued under this section shall not\nbe classified as a repeated violation whe n issued more than three (3) consecutive\nyears from the final order date of the previous citation.\n(3) The commissioner, upon determination that an employer is acting in good faith to\ncorrect the cited violation, may grant additional time for correction upon application\nby the employer.\n(4) If an employer, employee, or the employees' representative notifies the\ncommissioner that he or she intends to challenge a citation issued under this section\nor under KRS 338.131, the commissioner shall notify the review  commission of\nsuch notification and the review commission shall afford an opportunity for a\nhearing.\n(5) In the case of any review proceedings initiated by an employer, employee, or the\nemployees' representative under this chapter, the time period permitt ed for\ncorrection of cited violations shall be tolled until the conclusion of the action.","path":["KRS Chapter 338"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56363","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:27Z","sha256":"ee9c4c289a526212301e1d3fa0faa2e498e20fca65afbda32cc29db4708bafc4","source_id":"us-ky","stale":false,"prev":"us-ky/krs-338.140","next":"us-ky/krs-338.150"},"notice":"GroundRules: Original legal text. Not legal advice."}
