Section 408.22227. Application for variance; interim order; publication of summary; opportunity for public response; informal hearing; notice; issuance of denial or variance.

(1) Upon receipt of a valid application for a variance, and if the application has not been denied pursuant to this part, the department may issue an interim order and shall publish in the MIOSHA News a summary of the application. The published notice shall include a statement outlining the opportunity for public response and an informal hearing.  This informal hearing is separate from the formal hearing that is provided for in R 408.22226 and R 408.22231 to R 408.22251 of this part.

(2)   Upon request for an informal hearing resulting from the published application for  a  variance,  the  department  shall   notify  the  person    requesting  the  hearing,  the

employer  applying  for   the  variance,   the     employer's  employees,   or  the  authorized employee representative, of all of  the following.

(a)   The time, date, place, and the subject matter of the hearing.

(b)   The authority under which the hearing is to be held.

(3)    The department shall consider the views expressed by the participants at the informal hearing, if held, and shall issue a denial of the application or shall issue the variance.

History: 1979 AC; 1998-2000 AACS.