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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 2. Applications for Permanent Variances and Appeals from Temporary Variances

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§411.2. Compliance with Notification and Posting Requirements Regarding Variance Proceedings and Temporary Variance Appeals.

The notification and posting requirements contained in Sections 411.3 and 412.2 shall be satisfied as follows:

(a) Notification to a party who has appeared through a representative shall be made through such representative. Notification to an authorized employee representative shall be in addition to providing notice to the affected employees.

(b) Unless otherwise ordered, notification may be provided by postage-prepaid first class mail or by personal delivery. Notification is deemed effective at the time of mailing or personal delivery.

(c) Proof of notification or posting by parties may be made by any of the following means:

(1) Affidavit of service;

(2) Written statement endorsed upon the document served and signed by the party making the statement; or

(3) Letter of transmittal.

(d) Proof of notification or posting shall be submitted to the Board no later than the second working day following the posting or notification.

NOTE

Authority cited: Sections 143.2 and 6457, Labor Code. Reference: Sections 143, 143.2 and 6457, Labor Code.

HISTORY

1. New section filed 1-9-2003; operative 2-8-2003 (Register 2003, No. 2). For prior history, see Register 2002, No. 27.

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