For repeated violations, the citation is issued within 3 years of what?

For repeated violations, the citation is issued within 3 years of what?

• A. Within 1 year of the final order
• B. Within 3 years of the final order of the previous citation or the final abatement of that citation, whichever is greater
• C. Within 5 years of the previous citation
• D. Within 1 year of final abatement

Answer: (B)

The important rule here is the look-back window for repeat violations. For a repeat citation, the new citation must be issued within 3 years of the later date between the previous citation’s final order and the final date that the hazard was abated. Using the later of those two dates as the anchor ensures that if abatement happens after the final order, that extra time is still counted, so a new repeat citation isn’t unfairly restricted by an earlier date. For example, if the previous citation’s final order was on a given date but the hazard wasn’t fully abated until a later date, the later abatement date becomes the anchor, and the new repeat citation must be issued within 3 years of that date. If the abatement occurred earlier than the final order, the final order date anchors the 3-year window. This combined rule explains why the correct option references the later of those two dates.

The important rule here is the look-back window for repeat violations. For a repeat citation, the new citation must be issued within 3 years of the later date between the previous citation’s final order and the final date that the hazard was abated. Using the later of those two dates as the anchor ensures that if abatement happens after the final order, that extra time is still counted, so a new repeat citation isn’t unfairly restricted by an earlier date.

For example, if the previous citation’s final order was on a given date but the hazard wasn’t fully abated until a later date, the later abatement date becomes the anchor, and the new repeat citation must be issued within 3 years of that date. If the abatement occurred earlier than the final order, the final order date anchors the 3-year window. This combined rule explains why the correct option references the later of those two dates.