Chapter 3.2. California Occupational Safety and Health Regulations (CAL/OSHA)
Subchapter 2. Regulations of the Division of Occupational Safety and Health

Article 2.5. Registration--Asbestos- Related Work

§341.13. Denial of Registration.

(a) The Division shall deny the issuance of a registration if in its opinion, based on available facts, including the information provided by employer in the application for registration, the employer has failed to show that the conditions, practices, means, methods, operations or processes used or proposed to be used will provide a safe and healthful place of employment. A relevant factor in the Division's determination will be the employer's compliance history with the Division. In denying the registration to an applicant employer, the Division shall immediately notify the employer, in writing, specifying the reasons for such denial and shall send a copy thereof to the Director.

(b) Any employer denied a registration by the Division may appeal such denial to the Director. The Director shall hold a hearing at such place designated by the Director or his authorized designee for the convenience of the attending parties within two working days of the employer's appeal. Employer shall have the burden of establishing that it qualifies for the registration.

The hearing shall be presided by the director or his authorized designee and shall also be open to employees or employees' representative. The employer shall notify the employees or employees' representatives of such hearing a reasonable time prior to the holding of such hearing. Proof of such notification by the employer shall be made at the hearing.

(c) Following the hearing, the Director shall issue a decision. The Director's decision shall be final except for any rehearing or judicial review provided for by law. All requests for rehearings shall be filed with the Director within 10 days from the date of the Director's decision.

NOTE: Authority cited: Sections 60.5, 6308 and 6501.5, Labor Code. Reference: Sections 6308, 6308.5 and 6501.5, Labor Code.

HISTORY

1. New section filed 5-22-87; operative upon filing (Register 87, No. 22).

2. Change without regulatory effect deleting duplicate subsection (b) filed 9-14-90 pursuant to section 100, title 1, California Code of Regulations (Register 90, No. 43).