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 61.370 - Hearings

Universal Citation: 8 AK Admin Code 61.370

Current through August 30, 2024

(a) Requests for a hearing allowed by 8 AAC 61.330 - 8 AAC 61.350 must be filed with the commissioner within 20 days after the filing of the application required by 8 AAC 61.330 - 8 AAC 61.350. If the commissioner proposes to modify or revoke a variance, the hearing request must be filed within the time limit established by the public notice published in accordance with 8 AAC 61.350.

(b) No particular form is prescribed for the hearing request. However, any request must contain the following information:

(1) a concise statement of facts showing how the employer or employee would be affected by the relief applied for;

(2) a specification of any statement or representation in the application which is denied, and a concise summary of the evidence that would be supplied in support of each denial; and

(3) any views or arguments on any issue of fact or law presented.

(c) The hearing will be conducted by the commissioner or the commissioner's authorized designee. The commissioner's decision will be based upon a consideration of the whole record and will state the facts relied upon. The decision of the commissioner granting, continuing, revoking, or modifying the variance is a final decision.

Authority:AS 18.60.020

AS 18.60.077

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