Chapter 339

2012 -- S 2528

Enacted 06/20/12

A N A C T

RELATING TO LABOR AND LABOR RELATIONS - BOILER INSPECTION AND

PRESSURE VESSELS

Introduced By: Senators E O`Neill, Hodgson, Bates, Kettle, and Maher

Date Introduced: February 16, 2012

It is enacted by the General Assembly as follows:

SECTION 1. Section 28-25-14 of the General Laws in Chapter 28-25 entitled "Boiler

Inspection and Pressure Vessels" is hereby amended to read as follows:

28-25-14. Arbitration of disputed decisions. -- In case any owner of any boiler or

pressure vessel is dissatisfied with the decision of the division in any matter, he or she may within

two (2) days after the decision demand, in writing, an arbitration of the subject matter of the

decision and, within five (5) days after that demand, the director of labor and training shall

appoint one arbitrator, the owner shall appoint another arbitrator, and the two (2) so chosen shall

appoint a third. If within five (5) days after their appointment they are unable to agree upon the

appointment of the third arbitrator, then the arbitrator shall be appointed by any justice of the

superior court to whom application is made by the owner after two (2) days written notice to the

administrator of the division. If no application is made within fifteen (15) days after the decision

of the division, the demand for arbitration shall be deemed to be withdrawn and the decision of

the division shall become final and binding upon the parties. The arbitrators shall hear the parties,

and the award of any two (2) shall be final and binding, which award shall be filed in the office of

the division and notice of the award given to the owner. The arbitrators shall be entitled to receive

compensation for each arbitration, one-half ( 1/2) of it to be paid by the owner and the other one-

half ( 1/2) to be paid by the state. The decision of the division shall remain in force until the

award of arbitrators is made.a hearing before the occupational safety and health review board

pursuant to chapter 28-20.

SECTION 2. Section 28-25-15 of the General Laws in Chapter 28-25 entitled "Boiler

Inspection and Pressure Vessels" is hereby repealed.

28-25-15. Appropriations for arbitrators. -- The general assembly shall annually

appropriate any sum or sums that it may deem necessary for the payment of arbitrators as

provided in section 28-25-14; and the state controller is authorized and directed to draw his or her

orders on the general treasurer for the payment of those sums, within the amounts appropriated

for it, as may be from time to time required, upon receipt by him or her of proper vouchers

approved by the administrator of the division and by the director of labor and training.

SECTION 3. This act shall take effect upon passage.

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LC01530

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