29 CFR §1905.14
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)Defective applications.
- (1)If an application filed pursuant to § 1905.10(a), § 1905.11(a), § 1905.12(a), or § 1905.13 does not conform to the applicable section, the Assistant Secretary may deny the application.
- (2)Prompt notice of the denial of an application shall be given to the applicant.
- (3)A notice of denial shall include, or be accompanied by, a brief statement of the grounds for the denial.
- (4)A denial of an application pursuant to this paragraph shall be without prejudice to the filing of another application.
- (b)Adequate applications.
- (1)If an application has not been denied pursuant to paragraph (a) of this section, the Assistant Secretary shall cause to be published in the Federal Register a notice of the filing of the application.
- (2)A notice of the filing of an application shall include:
- (i)The terms, or an accurate summary, of the application;
- (ii)A reference to the section of the Act under which the application has been filed;
- (iii)An invitation to interested persons to submit within a stated period of time written data, views, or arguments regarding the application; and
- (iv)Information to affected employers, employees, and appropriate State authority having jurisdiction over employment or places of employment covered in the application of any right to request a hearing on the application.
- (3)Where the requested variance, or any proposed modification or extension thereof, involves a Federal standard, or any portion thereof, identical to a State standard, or any portion thereof, as provided in §§ 1905.10(b)(11) and 1905.11(b)(8) of this chapter, the Assistant Secretary will promptly furnish a copy of the application to the appropriate State authority and provide an opportunity for comment, including the opportunity to participate as a party, on the application by such authority, which shall be taken into consideration in determining the merits of the proposed action.
- (4)A copy of each final decision of the Assistant Secretary with respect to an application filed under § 1905.10, § 1905.11, or § 1905.13 shall be furnished, within 10 days of issuance, the State authorities having jurisdiction over the employment or place of employment covered in the application.