Section 620 IAC 1-3-13 - Modification or revocation of permanent variancesAuthority: IC 4-21.5-3-35; IC 22-8-1.1-48.1
Affected: IC 4-21.5-3; IC 22-8-1.1-20.1
Sec. 13.
(a) The commission may modify or revoke a permanent variance previously issued at any time after six (6) months from its issuance.(b) If the commission desires to modify or revoke a permanent variance, it shall do so following the provisions of IC 4-21.5-3-6. Said notice shall be served upon the commissioner, the employer and affected employees. The employer shall immediately post the notice for affected employees. The employer, affected employees and the commissioner may petition for review within thirty (30) days of the issuance of the order modifying or revoking the permanent variance. Consideration of granting or denying a petition for review shall be done following the provisions of IC 4-21.5-3-7 and any further proceedings shall be conducted under the applicable provisions of IC 4-21.5-3.(c) An application for the modification or revocation may be made by an employer, affected employees or the commissioner.(d) Applications for the modification or revocation of a permanent variance shall contain:(1) The name and address of the applicant.(2) A description of the relief which is sought.(3) A statement setting forth with particularity the grounds for relief.(4) If the applicant is an employer, a certification that the applicant has served the commissioner and has informed his affected employees of the application by: (A) giving a copy thereof to their authorized representative;(B) posting at the place or places where notices to employees are normally posted; the application or a statement giving a summary of the application and specifying where a copy of the full application may be examined (or in lieu of the summary, posting the application itself); and(C) other appropriate means. The applicant shall also state the date(s) these actions were taken.
(5) If the applicant is an affected employee or the commissioner, a certification that a copy of the application has been furnished to the employer, and the date this was done.(6) If the applicant is the commissioner, the employer shall immediately notify affected employees in the manner provided for by subdivision (4) of this subsection and certify that it took this action and the date it was taken.(7) Any request for a hearing under subsection (e) of this section.(e) If a request for hearing is made within thirty (30) days of the date of the application by either the commissioner, the employer or affected employees, or if the commission desires a hearing, a nonevidentiary hearing shall be conducted.(f) Subsequent to the nonevidentiary hearing or after the time for one to be requested has passed if none is requested, the commission shall grant or deny the modification or revocation.(g) If the modification or revocation was requested by the employer, or if it was requested by the commissioner or affected employees and the decision is to deny the modification or revocation, the order granting or denying it shall be issued following the requirements of IC 4-21.5-3-5. If a petition for review is subsequently granted under IC 4-21.5-3-7 that order shall be deemed merely to have been a preliminary determination. Proceedings conducted subsequent to the granting of a petition for review and those conducted subsequent to a request for reconsideration of the denial of a petition for review shall be conducted under the applicable provisions of IC 4-21.5-3.(h) If the modification or revocation was requested by the commissioner or affected employees and the commission desires to grant it, the provisions of IC 4-21.5-3-8 apply.Occupational Safety Standards Commission; 620 IAC 1-3-13; filed Jul 16, 1987, 3:50 pm: 10 IR 2679; readopted filed Nov 20, 2001, 9:27 a.m.: 25 IR 1305; readopted filed Nov 28, 2007, 2:00 p.m.: 20071226-IR-620070597RFA; readopted filed November 26, 2013, 3:26 p.m.: 20131225-IR-620130406RFAReadopted filed 11/27/2019, 3:35 p.m.: 20191225-IR-620190506RFA