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

Article 6. Administration of Permanent Amusement Ride Program
Permanent Amusement Rides

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§ 344.12. Suspension and Revocation Procedure.

All suspension and revocation proceedings conducted by the Division shall be initiated by the provision of written notice of the Division's intent to conduct a hearing to determine whether a certification or approval will be suspended or revoked.

(a) The written notice shall be served at least 48 hours in advance of the scheduled hearing date.

(b) Service shall be by personal service or certified mail to the address shown on the application for certification or approval, or to any other address known to the Division and reasonably believed to be the current address of the certificate holder or course provider.

(c) The written notice shall specify the time, date, and location of the hearing, and the reasons for the action proposed by the Division.

(d) At the hearing the Division shall have the burden of establishing good cause for the action taken by it. Good cause shall be deemed to exist if the Division establishes that the holder of a certification has substantially failed to comply with the requirements for certification pursuant to section 344.10(g), or that the holder of an approval has substantially failed to comply with the requirements of approval pursuant to section 344.11(e).

NOTE: Authority cited: Labor Code sections 60.5, 7923, and 7928. Reference: Labor Code sections 7920 through 7932.

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