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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 4. Hearings and Decisions

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§424.3. Representation at Hearing.

(a) Employers must attend the variance hearing, either in person or through a representative. The representative does not need to be an attorney-at-law.

(b) A representative of a party shall be deemed to control all matters respecting the interest of such party in the proceeding.

(c) Affected employees who are represented by an authorized employee representative may appear through such authorized employee representative.

(d) Withdrawal of appearance of any representative may be effected by filing a written notice of withdrawal with the Board.

(e) The Standards Board or hearing officer may refuse to allow any person to represent a party in any hearing when such person engages in unethical conduct or intentionally fails to observe the provisions of the code, proper instructions or orders of the Standards Board or these rules.


Authority cited: Section 143.2, Labor Code. Reference: Sections 143, 143.1, 143.2, 146 and 6457, Labor Code.


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

2. Amendment of subsections (a) and (d) filed 6-26-2003; operative 7-26-2003 (Register 2003, No. 26).

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