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Chapter 3.5. Occupational Safety and Health Standards Board
Subchapter 1. Rules of Procedure for Permanent Variances and Appeals from Temporary Variances

Article 3. Prehearing Proceedings

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§417.3. Withdrawal of Variance Applications and Appeals.

(a) A variance application or appeal may only be withdrawn by written request and before a final decision is issued by the Board. If such request is made, the Board shall issue a decision dismissing the appeal or application.

(b) A variance application or appeal so dismissed shall be reinstated by the board if the party files a written petition and shows therein that the request for withdrawal resulted from misinformation given by the Division, Appeals Board or Standards Board or from fraud or coercion. Any petition for reinstatement shall be made within 60 days after personal service or mailing of the decision dismissing the variance application or appeal, or, in the event of fraud, within 60 days after discovery of such fraud.

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Sections 143.2 and 6457, Labor Code.

HISTORY

1. Amendment filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Editorial correction of printing error in subsection (b) (Register 94, No. 2).

3. Amendment of section heading and subsection (a) filed 7-1-2002; operative 7-31-2002 (Register 2002, No. 27).

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