Section 5-3 - Amendment or Repeal of Variances (a.) Amendment or repeal. - (i) An affected employer or an affected employee may apply in writing to the Commission or the Program Manager for an amendment or repeal of a variance issued under W.S. 27-11-111. The application shall contain:
- (A) The name and address of the applicant;
- (B) A description of the relief sought;
- (C) A statement setting forth with particularity the grounds for the relief;
- (D) If the applicant is an employer, a certification that the applicant has informed his affected employees of the application by:
- (I) Giving a copy thereof to their authorized representative;
- (II) Posting at the place or places where notices to employees are normally posted, 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);
- (III) Notifying employees of the right to petition the Commission or the Department for a hearing;
- (E) If the applicant is an affected employee, a certification that a copy of the application has been furnished to the employer; and
- (F) Any request for a hearing, as provided in this Chapter.
- (ii) The Commission may on its own motion proceed to amend or repeal a variance issued under W.S. W.S. 27-11-111. In such event, the Program Manager shall inform the affected employer and employees of their right to request a hearing, and shall take any other action as may be appropriate to give actual notice to affected employees. Any request for a hearing shall include a short and plain statement of:
- (A) How the proposed amendment or repeal would affect the requesting party; and
- (B) What the requesting party would seek to show on the subjects or issues involved.
(b) Renewal. Any temporary variance issued under Section W.S. W.S. 27-11-111 of the Act may be renewed or extended as permitted by the applicable Section and in the manner prescribed for its issuance.