29 CFR 1955.11 - Contents of notice of formal proceeding.

Code of Federal Regulations - Title 29: Labor (December 2005)


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TITLE 29 - LABOR

SUBTITLE B - REGULATIONS RELATING TO LABOR

CHAPTER XVII - OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR

PART 1955 - PROCEDURES FOR WITHDRAWAL OF APPROVAL OF STATE PLANS

subpart b - NOTICE OF FORMAL PROCEEDING

1955.11 - Contents of notice of formal proceeding.

  (a) A notice of a formal proceeding published under 1955.10 shall include: (1) A statement on the nature of the proceeding and addresses for filing all papers; (2) The legal authority under which the proceeding is to be held; (3) A description of the issues and the grounds for the Assistant Secretary's proposed withdrawal of approval; (4) A specified period, generally not less than 30 days after publication of the notice in the Federal Register, for the State to submit a response to the statement of issues in the notice; (5) A provision for designation of an administrative law judge under 5 U.S.C. 3105 to preside over the proceeding.

  (b) A copy of the notice of the proceeding stating the basis for the Assistant Secretary's determination that approval of the plan, or any portion thereof, should be withdrawn shall be referred to the administrative law judge.

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