OAR 437-001-0411: Hearings for Variance Applications

Affected employers or employees will be given the opportunity to request a hearing on an application. (1) Request for hearings must be made in the following manner: (a) The request must be made within 30 days of publication of the application; (b) A request must be made to Oregon OSHA and must contain: (A) A concise statement of facts showing how the employer or employee would be affected by the relief applied for; (B) A statement opposing any or all portions of the application, and a concise summary of the evidence supporting each item opposed; and (C) Any views or arguments on any issue of fact or law presented. (2) A notice of hearing will be given to affected persons that contains: (a) Time, place, and nature of hearing; (b) Legal authority under which the hearing will be held; and (c) The issues to be discussed. (3) The hearing will be conducted in a manner that will allow all affected persons to submit information on the application. (4) All information submitted will be evaluated at the hearing and a determination made on the merits of the application.