1. (a) The commissioner or the commissioner's authorized designee may assess a civil penalty when the department issues a citation under 8 AAC 61.110. The commissioner or the commissioner's authorized designee will assess a penalty for any violation classified as a serious, repeat, willful, or failure-to-abate violation. The commissioner or the commissioner's authorized designee may assess a penalty for any violation classified as other than serious.

2. (b) The commissioner or the commissioner's authorized designee may assess civil penalties for violations of AS 18.60.010 - 18.60.105, except as adjusted under (j) of this section, the penalty

   1. (1) for a willful or repeated violation under AS 18.60.095(a) may not exceed $129,336; except that when a settlement is negotiated, the penalty for a willful violation may not be less than $9,239;
   2. (2) for a serious violation under AS 18.60.095(b) may not exceed $12,934;
   3. (3) for an other-than-serious violation under AS 18.60.095(c) may not exceed $12,934;
   4. (4) for failure to correct a violation under AS 18.60.095(d) is $12,934 for each day during which the failure to correct the violation continues;
   5. (5) for a posting violation under AS 18.60.095(g) is $12,934.
3. (c) Repealed 7/28/2013.
4. (d) The commissioner or the commissioner's authorized designee will determine the amount of any proposed penalty, giving due consideration to the size of the employer's business, gravity of the violation, good faith of the employer, and the employer's previous history of violations of AS 18.60.010 - 18.60.105. The commissioner or authorized designee also may consider the recommendations of a representative of the department who has consulted with the employer concerning the factors that the commissioner or authorized designee may consider in assessing a penalty.
5. (e) The commissioner or the commissioner's authorized designee will notify the employer of the penalty proposed according to the requirements set out in AS 18.60.093. A notice will be sent even if no penalty is proposed.
6. (f) The commissioner or the commissioner's authorized designee may propose a penalty with respect to an alleged serious violation even though the employer immediately abates the alleged violation .However, an employer who demonstrates immediate abatement of an alleged violation and requests an informal conference is eligible for a 30- to 50-percent reduction through an informal settlement agreement signed before the expiration of the 15-working-day period established in AS 18.60.093(a) for a notice of contest.
7. (g) Failure to abate a violation within the period allowed by the department will subject the employer to liability on the full amount of the proposed penalty as well as a possible additional proposed penalty, as provided by 8 AAC 61.130.
8. (h) In deciding cases contested under 8 AAC 61.150 - 8 AAC 61.220, the board is not bound by the department's classification of a violation or the commissioner's or the commissioner's authorized designee's assessment of a penalty for a violation.
9. (i) Repealed 7/28/2013.
10. (j) The minimum and maximum penalties in subsection (b)(1) through (5) of this section are adjusted annually under 29 C.F.R. 1903.15 based on the Consumer Price Index for all Urban Consumers (CPI-U) published by the United States Department of Labor, Bureau of Labor Statistics. The adjusted minimum and maximum penalties will be published annually by the department in the Alaska Occupational Safety and Health Civil Penalties pamphlet on or before February 1 and will apply to penalties assessed beginning on February 1 of that same calendar year through January 31 of the next calendar year.

(Eff. 1/10/75, Register 53; am 11/22/75, Register 56; am 11/12/93, Register 128; am 3/27/96, Register 137; am 9/27/98, Register 147; am 10/6/2002, Register 164; am 7/28/2013, Register 207; am 10/20/2018, Register 228)