10,216 M. F. Shipley Plastering, Inc.

By: Cal-OSHA Decisions

Digest of COSHAB's decision dated November 18, 1974, Docket No. 74-R2D6-636. Ford B. Ford, Chairman; Monroe Browne and Gerald Shearin, Members. Paul F. Dauer, Presiding Hearing Officer.

Mitigation Relevant Only to Penalties and not Existence of Violation. The appeal was denied and a citation alleging a nonserious violation of Section 1640(d) with a proposed civil penalty of $50, affirmed. The appeal was limited to the existence of the violation.

Appellant failed to put on evidence denying the existence of the violation and acknowledged the circumstances of the alleged violation. Appellant's only evidence was in the form of mitigating circumstances.

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