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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 12. Tower Cranes--Operating Permit and Certification Requirements

§344.74. Denial of Permit.

(a) The Division shall deny issuance of an operating permit if the provisions of this article are not satisfied. Upon denying an operating permit to an applicant employer, the Division shall promptly 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 permit by the Division may appeal such denial to the Director. The Director shall hold a hearing at such place designated by the Director or authorized representative for the convenience of the attending parties within two working days of the employer's appeal. The employer has the burden of establishing that it qualifies for a permit. The hearing shall be presided by the Director or authorized representative and shall also be open to employees or employees' representative. The employer shall notify the employees or employees' representative of such hearing a reasonable time prior to the such hearing, but in no case later than 24 hours prior to the hearing. Proof of such notification by the employer shall be made at the hearing.

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

NOTE: Authority cited: Sections 60.5, 6308, 7373 and 7375, Labor Code. Reference: Sections 7371 and 7374, Labor Code.

HISTORY

1. New section filed 7-15-91 as an emergency; operative 7-15-91 (Register 91, No. 44). A Certificate of Compliance must be transmitted to OAL 11-12-91 or emergency language will be repealed by operation of law on the following day.

2. Amendment of subsection (a) and NOTE filed 3-18-92; operative 3-18-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).

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