Alaska Administrative Code
Title 8 - Labor and Workforce Development
Part 4 - Occupational Safety and Health Division
Chapter 61 - Occupational Safety and Health
Article 5 - Variances
8 AAC 61.360 - Action on applications

Universal Citation: 8 AK Admin Code 61.360

Current through February 27, 2024

(a) If an application filed under 8 AAC 61.330 - 8 AAC 61.350 does not substantially conform to the requirements of the applicable section, the commissioner may deny the application. If the application is denied, the commissioner will give prompt notice of the denial with reasons for it to the applicant.

(b) If an employer is contesting a citation, proposed penalty, or period of abatement, the commissioner may refuse to entertain the employer's application for a variance until a final order on the contest is issued by the board.

(c) If an application has been determined to conform substantially to the requirements in 8 AAC 61.330 - 8 AAC 61.350, the commissioner will cause a notice to be published in a newspaper of statewide circulation and in a newspaper of local circulation in the area where the variance would apply. The notice will include

(1) the terms, or an accurate summary, of the application;

(2) the legal authority under which the application has been filed;

(3) a statement that interested persons may submit, within a designated period of time, written data, views, or arguments regarding the application; and

(4) a statement that affected employers or employees have a right to request, within a designated period of time, a hearing on the application.

(d) A summary of every final action granting, modifying or revoking a temporary or permanent variance will be published in a newspaper of statewide circulation and in a newspaper of local circulation in the area where the variance will be implemented. The public notice will include a statement of the reasons for the action and will tell how a copy of the full text of the action may be obtained.

(e) When the commissioner grants, revokes, or modifies a permanent variance, the department will also furnish the board the notice under (d) of this section.

Authority:AS 18.60.020

AS 18.60.077

AS 18.60.081

Disclaimer: These regulations may not be the most recent version. Alaska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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