2200.202(a)

Those cases selected for E-Z Trial will be those that do not involve complex issues of law or fact. Cases appropriate for E-Z Trial would generally include those with one or more of the following characteristics:

2200.202(a)(1)

Relatively few citation items,

2200.202(a)(2)

An aggregate proposed penalty of not more than $10,000,

2200.202(a)(3)

No allegation of willfulness or a repeat violation,

2200.202(a)(4)

Not involving a fatality,

2200.202(a)(5)

A hearing that is expected to take less than two days, or

2200.202(a)(6)

A small employer whether appearing pro se or represented by counsel.

2200.202(b)

Those cases with an aggregate proposed penalty of more than $10,000, but not more than $20,000, if otherwise appropriate, may be selected for E-Z Trial at the discretion of the Chief Administrative Law Judge.

[57 FR 41688, Sept. 11, 1992; 60 FR 41805, Aug. 14, 1995; 62 FR 40933, July 31, 1997]