Affected employees or the employee representative shall be given the opportunity to request a hearing on an application for an extension of the correction date:

1. (1) Requests for hearings shall be made in the following manner:

   1. (a) The request shall be made within ten (10) days of posting the application;

   2. (b) A request shall be made to the Administrator and shall contain:

      1. (A) A concise statement of facts showing how the employee(s) would be affected by the extension of correction date;
      2. (B) A statement opposing the extension of the correction date and a concise summary of the evidence supporting the opposition; and
      3. (C) Any views or arguments on any issue of fact or law presented.

2. (2) Notice of hearing shall be given by the Administrator to affected persons and shall contain:

   1. (a) Time, place, and nature of hearing;
   2. (b) Legal authority under which the hearing will be held; and
   3. (c) The issues to be discussed.
3. (3) The hearing shall be conducted by the Administrator in a manner which will allow all affected persons to submit information on the application.
4. (4) At any hearing conducted to determine the merits of an extension request, the person requesting the extension of compliance time shall have the burden of proof regarding the request.
5. (5) The Administrator shall evaluate all information submitted at the hearing and make a determination on the merits of the application.

Statutory/Other Authority

ORS 654.025(2) & 656.726(4)

Statutes/Other Implemented

ORS 654.001-654.295

History

OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018
APD 7-1988, f. 6-17-88, ef. 7-1-74
WCD 3-1983, f. 1-31-83, ef. 2-1-83
WCD 6-1982, f. 6-28-82, ef. 8-1-82