All variances granted pursuant to this chapter shall have only future effect. When any matter regarding an applicant is pending before the Occupational Safety and Health Review Commission, the Commissioner of Labor and Workforce Development (Commissioner) will use his discretion as to whether or not a variance will be granted.

Authority: T.C.A. §§4-3-1411, 50-3-105, 50-3-601, 50-3-605 and 50-3-606. Administrative History: Original rule certified June 10, 1974. Repeal and new rule filed September 7, 2004; effective January 28, 2005.