[Code of Federal Regulations]
[Title 29, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1902.18]

[Page 16]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                                OF LABOR
 
PART 1902_STATE PLANS FOR THE DEVELOPMENT AND ENFORCEMENT OF STATE 
STANDARDS--Table of Contents
 
  Subpart C_Procedures for Submission, Approval and Rejection of State 
                                  Plans
 
Sec. 1902.18  Previous hearing or other opportunity for comment on plan.

    (a) Whenever an informal hearing has been held under Sec. Sec. 
1902.11 and 1902.13, any evidence submitted in such a hearing shall be 
considered and may be relied upon whenever it is found that no party 
will be prejudiced thereby because
    (1) Of a lack of an opportunity for cross-examination afforded in 
the informal hearing on the issues involved, or
    (2) The veracity and demeanor of witnesses are not important with 
respect to the type of evidence involved (e.g., extensive technical or 
statistical data), or
    (3) For any other reason.
    (b) Any written comments received in response to a notice issued 
under Sec. 1902.11 shall be a part of the record of the proceeding.
    (c) Whenever a formal hearing has been held under Sec. 1902.14 the 
Assistant Secretary shall hold no additional hearing, and shall proceed 
to issue a tentative decision under Sec. 1902.21.