South Carolina Code of Regulations
Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR
Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS
Subarticle 2 - RULES OF PRACTICE FOR VARIANCES, LIMITATIONS, VARIATIONS, TOLERANCES, AND EXEMPTIONS UNDER THE SAFETY AND HEALTH LAWS OF THE STATE OF SOUTH CAROLINA
Section 71-209 - Modification, Revocation, and Renewal of Rules or Order
Universal Citation: SC Code Regs 71-209
Current through Register Vol. 48, No. 3, March 22, 2024
A. Modification or Revocation. An affected employer or an affected employee may apply in writing to the Commissioner for a modification or revocation of a rule or order issued under this subarticle. The petition shall contain:
(1) the name and
address of the petitioner;
(2) a
description of the relief which is sought;
(3) a statement setting forth with
particularity the grounds for relief;
(4) if the petitioner is an employer, a
certification that the petitioner has informed his affected employees of the
petition by:
(a) giving a copy thereof to
their authorized representative; and
(b) 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 petition may be examined
(or, in lieu of the summary, posting a copy of the petition);
(5) if the petitioner is an
affected employee, a certification that a copy of the petition has been
furnished to the employer;
(6) any
request for a hearing as provided in this subarticle, R.
71-218;
(7) the Commissioner may on his own motion
proceed to modify or revoke a rule or order issued under this subarticle. In
such event a copy shall be placed on file in the office of the Commissioner,
Columbia, South Carolina, and the Commissioner shall publish in at least one
newspaper with general circulation, a notice of his intentions, affording
interested persons an opportunity to submit written or oral evidence, testimony
or arguments regarding the proposal and informing them of their right to
request a hearing, and shall take such action as may be appropriate to give
actual notice to affected employees; and
(8) any request for a hearing shall include a
clear and concise statement of:
(a) how the
proposed modification or revocation would affect the petitioning party;
and
(b) what the petitioning party
would seek to show on the subjects or issues involved.
B. Renewal. Any final rule or order issued under paragraph A of this regulation may be renewed or extended in the manner prescribed for its issuance.
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