Article 2. Permits--Excavations, Trenches, Construction and Demolition and the Underground Use of Diesel Engines in Work in Mines and Tunnels
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(a) The Division may at any time, upon a showing of good cause and after notice and an opportunity to be heard, revoke or suspend any permit issued pursuant to this Article.
(b) Notice shall be in writing and served upon the employer at least 24 hours in advance of the hearing. Service shall be by personal service or certified mail to the employer's address as shown on the Permit Application Form. The notice shall specify the reasons for the action taken by the Division in order that the employer may prepare for the hearing.
(c) The hearing shall be held as soon as possible at the district or field office, shall be presided by the district manager or his authorized designee and shall also be open to the affected employees or their representative.
The employer shall notify the employees or employees' representative a reasonable time prior to such hearing. Proof of such notification by the employer shall be made at the hearing.
(d) At the hearing the Division shall establish good cause for the action taken by it. Good cause is established after the Division establishes that the employer has failed to comply with the requirements of the issuance of the permit, and that to permit the continuance of the project under the circumstances would constitute a hazard to the employees.
The employer may appeal such revocation or suspension to the Director in the same manner specified in Section 341.2 of this Article. The filing of an appeal shall not stay the revocation or suspension, except as provided for in Labor Code Section 6506. The employer has the burden of establishing that the Division did not have good cause for the action taken.
NOTE: Authority cited: Sections 60.5, 6308, 6505 and 6506, Labor Code. Reference: Sections 6505 and 6506, Labor Code.
1. Amendment filed 10-25-74; effective thirtieth day thereafter (Register 74, No. 43).
2. Amendment filed 12-5-84; effective thirtieth day thereafter (Register 84, No. 49).
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