Section 620 IAC 1-3-8 - Consideration of applicationsAuthority: IC 4-21.5-3-35; IC 22-8-1.1-48.1
Affected: IC 4-21.5-3; IC 22-8-1.1-19.1; IC 22-8-1.1-20.1
Sec. 8.
(a) If any application for a temporary or permanent variance appears to comply with the applicable requirements of 620 IAC 1-3-5 and 620 IAC 1-3-6, the secretary shall issue notice to the employer and any person entitled to notice under the provisions of IC 4-21.5-3-5 of a nonevidentiary hearing to be held by the commission. Such notice shall be issued at least fifteen (15) days prior to the date of the hearing. Such nonevidentiary hearings shall normally be scheduled for the first regularly scheduled commission meeting to be held more than twenty-five (25) days after receipt of the application, but may be sooner as long as the fifteen (15) day notice requirement is met and may be later, if appropriate. The employer shall give notice of the nonevidentiary hearing to affected employees by the same means to be used to inform them of the application for the variance.(b) If an application for a temporary or permanent variance appears not to comply with the applicable requirements of 620 IAC 1-3-5 and 620 IAC 1-3-6, the secretary shall not schedule a nonevidentiary hearing, but instead shall bring the application to the commission at its next meeting. The commission then may either deny the variance on the basis of an inadequate application or, if it concludes that the application is adequate, may schedule a nonevidentiary hearing for a future commission meeting. Notice shall be given as provided for by subsection (a) of this section.(c) At the nonevidentiary hearing the employer, any affected employee, and the commissioner shall be given an opportunity to present any facts or arguments concerning the variance application. Other interested persons may submit written data, views or arguments regarding the application prior to the nonevidentiary hearing; however, any participation on their part at the nonevidentiary hearing shall be at the discretion of the commission.(d) The order granting or denying the variance 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.(e) The employer shall notify affected employees of the order granting or denying the variance by the same means used to inform them of the application for the variance.Occupational Safety Standards Commission; 620 IAC 1-3-8; filed Jul 16, 1987, 3:50 pm: 10 IR 2678; 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