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

Article 4. Hearings and Decisions

§427.3. Re-Hearing.

(a) If a petition for re-hearing is submitted to the Board in a timely fashion, the Board may;

(1) grant the petition;

(2) affirm the Board initial decision on the variance;

(3) take no action on the petition, in which case it is deemed denied 30 days after receipt by the Board; or

(4) deny the petition and explain its basis for doing so.

(b) If the Board acts under subsection (a)(3), the Board shall notify the Employer of the denial after the 30 days have passed.

(c) If a re-hearing is granted, the Board may review the petition itself, or refer it to a hearing panel or hearing officer.

(d) The re-hearing may be based on the existing record, or the Board, hearing panel or hearing officer that hears the matter may request that additional testimony and/or written evidence be submitted.

(1) If further hearing is ordered, the Board shall issue a notice of hearing, and the Employer shall comply with the notification requirements contained in Rules 411.2(a)(3) and (b)(3).

(2) If the decision is to be based on the existing record, the Board may decide the matter without notice and without affording the parties further opportunity to testify or submit information.

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Sections 143.1, 143.2 and 6457, Labor Code.

HISTORY

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

2. Amendment filed 6-26-2003; operative 7-26-2003 (Register 2003, No. 26).