[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1955.10]

[Page 142-143]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                          OF LABOR--(CONTINUED)
 
PART 1955--PROCEDURES FOR WITHDRAWAL OF APPROVAL OF STATE PLANS--Table of Contents
 
                 Subpart B--Notice of Formal Proceeding
 
Sec. 1955.10  Publication of notice of formal proceeding.


    (a) The Assistant Secretary, prior to any notice of a formal 
proceeding under this subpart, shall by letter, provide the State with 
an opportunity to show cause within 45 days why a proceeding should not 
be instituted for withdrawal of approval of a plan or any portion 
thereof. When a State fails to show cause why a formal proceeding for 
withdrawal of approval should not be instituted, the State shall be 
deemed to have waived its right to a formal proceeding under paragraph 
(b) of this section and the Assistant Secretary shall cause to be 
published in the Federal Register a notice of withdrawal of approval of 
the State plan.
    (b)(1) Whenever the Assistant Secretary, on the basis of a petition 
under Sec. 1955.5 or on his own initiative, determines that approval of 
a State plan or any portion thereof should be withdrawn, and the State 
has not waived its right under Sec. 1955.3(b) or paragraph (a) of this 
section to a formal proceeding, he shall publish a notice of proposed 
withdrawal in the Federal Register as set out in Sec. 1955.11 and cause 
such notice, in the form of a complaint, to be served on the State in 
accordance with Sec. 1955.15.
    (2) Not later than 5 days following the publication of the notice in 
the Federal Register, the State agency shall publish, or cause to be 
published, within the State reasonable notice containing a summary of 
the information in the Federal notice, as well as the location or 
locations where a copy of the full notice is available for inspection 
and public copying.
    (3) Two copies of such notice shall be served on the Assistant 
Secretary in accordance with Sec. 1955.15.
    (c) Not less than 30 days following publication of the notice in the 
Federal Register, the State shall submit

[[Page 143]]

a statement of those items in the notice which are being contested and a 
brief statement of the facts relied upon, including whether the use of 
witnesses is intended. This statement shall be served on the Assistant 
Secretary in accordance with Sec. 1955.15. When a State fails to respond 
to the notice of proposed withdrawal under paragraph (b)(1) of this 
section, the State shall be deemed to have waived its right to a formal 
proceeding and the Assistant Secretary shall cause to be published in 
the Federal Register a notice of withdrawal of approval.