Tenn. Comp. R. & Regs. 0800-01-02-.09 - ACTIONS ON APPLICATIONS

(1) Applications. If an application will be considered by the Commissioner, a notice of the filing of the application shall be published in one newspaper of general circulation in Chattanooga, Knoxville, Memphis and Nashville. The notice of the filing of the application shall contain:

(a) The applicant's name and address;

(b) A specification by number and brief description of the standard from which the applicant seeks a variance;

(c) A statement of a request for an interim variance, if any;

(d) A statement that the application complies with the provisions of T.C.A. §§ 50-3-604 and 50-3605, and with the applicable provisions of this chapter;

(e) A statement as to whether or not the Commissioner has granted or denied any request for an interim variance; and

(f) The statement, "Opportunity is hereby given to interested parties for the submission of their comments or to request a hearing regarding the grant or denial of this request for a variance. The comments or request(s) for a hearing must be submitted no later than thirty (30) days following publication of the notice. Questions regarding this application, comments, and request(s) for a hearing shall be addressed to the Commissioner, attention Manager of Standards, Division of Occupational Safety and Health. Comments and hearing requests must be in writing and must be submitted in quadruplicate."

(2) Denied Applications.

(a) If an application filed pursuant to the chapter does not conform to the applicable requirements of this chapter, the Commissioner may deny the application.

(b) Prompt notice of the denial of an application shall be given to the applicant.

(c) A notice of denial shall include, or be accompanied by, a brief statement of the grounds for the denial.

(d) A denial of an application due to a defect shall not preclude the filing of another application.

Notes

Tenn. Comp. R. & Regs. 0800-01-02-.09

Original rule certified June 10, 1974. Amendment filed September 19, 1974; effective October 19, 1974. Amendment filed July 15, 1977; effective August 15, 1977. Repeal and new rule filed September 7, 2004; effective January 28, 2005.

Authority: T.C.A. §§ 4-3-1411 and 50-3-604 through 50-3-606.