United States Occupational Safety and Health Administration Citation Defense Lawyers
The attorneys at Ray & Weinstein, P.C. represent clients in Administrative Law proceedings involving OSHA. Administrative Law consists of the laws, regulations and rules that govern disciplinary proceedings and regulatory compliance matters with federal government agencies including the United States Occupational Safety and Health Administration. Many business are subject to OSHA regulations and rules. These businesses are often subject to disciplinary action by the United States Occupational Safety and Health Administration. Our firm represents clients in matters before OSHA.
OSHA Administrative Law Investigations Lawyers
The majority of Federal Administrative Law disciplinary investigations and regulatory compliance matters begin with a OSHA Inspection, OSHA Administrative Complaint, or criminal investigation. The United States Occupational Safety and Health Administration utilizes non sworn civilian investigators to conduct non criminal investigations. OSHA also works with federal law enforcement agencies to investigate criminal and administrative law violations committed by regulated businesses. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.
At the conclusion of a United States Occupational Safety and Health Administration Administrative Law investigation, OSHA has several options. OSHA can close the Complaint. The United States Occupational Safety and Health Administration can issue a Citation. The United States Department of Labor assigns an attorney to represent OSHA in Citation Hearings. In cases involving criminal conduct, OSHA may refer the case to the United States Attorney’s Office for criminal prosecution.
United States Occupational Safety and Health Administration Citation Defense Attorneys
When OSHA serves a Citation on a business, the Respondent has a specific number of days from the date that the Citation was served (not received, but served) to file a Notice of Intent to Contest. The failure to file a Notice of Intent to Contest can result in a Default against the business. This makes the Citation and Penalty due within the prescribed period. In many cases, it is possible for businesses to reach a settlement with the United States Occupational Safety and Health Administration. The United States Occupational Safety and Health Administration may schedule an Informal Conference or Settlement Conference to determine a penalty. If a settlement cannot be reached, the parties will proceed to a formal Hearing before the United States Occupational Safety and Health Review Commission.
OSHA Administrative Law Hearing Defense Attorneys
The United States Occupational Safety and Health Administration maintains their own Administrative Law Court. The United States Occupational Safety and Health Review Commission is headquartered in Washington, D.C. Hearings are generally held remotely by videoconference, or in some cases, in person throughout the United States. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge employed by OSHA. The Administrative Law Judge, or ALJ, will generally issue a written, Proposed Findings of Fact and Conclusions of Law within a prescribed time period subsequent to the Hearing. Depending on the agency, the United States Department of Labor staff attorney and the Respondent may have the ability to file Exceptions and Briefs related to the ALJ’s Proposed Findings of Fact and Conclusions of Law. The United States Occupational Safety and Health Administration can usually adopt, modify or reject the ALJ’s Proposed Findings of Fact and Conclusions of Law. Appeals are heard by the Appellate branch of the United States Occupational Safety and Health Review Commission.
United States Occupational Safety and Health Administration Licensing Lawyers
Federal Administrative Law is standard throughout the United States. All Federal agencies generally adhere to similar procedures governing Federal Administrative Law. OSHA Citation proceedings are no exception. OSHA oversees complex regulatory frameworks that require complete Regulatory Compliance by businesses and individuals. While Ray & Weinstein, P.C. is located in Texas, the attorneys at our firm represent clients throughout the United States and in other countries in United States Occupational Safety and Health Administration Regulatory Compliance matters.