[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: 29CFR1902.20]

[Page 16-17]
 
                             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. 1902.20  Decision following informal proceeding.

    (a) This section deals with a situation where the Assistant 
Secretary has
    (1) Afforded interested persons an opportunity to submit written 
data, views, or arguments concerning a proposal, subject, or issue 
concerning a plan; or
    (2) Has in addition provided an informal hearing concerning a 
proposal, subject, or issue concerning a plan.
    (b)(1)(i) After consideration of all relevant information which has 
been presented, if the Assistant Secretary approves a plan he shall 
issue a decision to that effect.

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    (ii) In the event the plan is approved under Sec. 1902.2(b), the 
decision shall state that the plan does not fully meet the criteria set 
forth in Sec. 1902.3, and shall summarize the schedule and any other 
measures for bringing the plan up to the level of such criteria.
    (iii) The decision shall also reflect the Assistant Secretary's 
intention as to continued Federal enforcement of Federal standards in 
areas covered by the plan. Provisions for continued Federal enforcement 
shall take into consideration:
    (a) Whether the plan is approved under Sec. 1902.2(a) or Sec. 
1902.2(b);
    (b) The schedule for coming up to Federal standards in any Sec. 
1902.2(b) plan; and
    (c) Any other relevant matters.
    (2) After consideration of all relevant information contained in any 
written or oral comments received in any informal proceeding, if the 
Assistant Secretary proposes to disapprove a plan, or the disposition of 
a subject or issue permits the possible disapproval of a plan, he shall 
publish a notice to that effect, and commence a proceeding meeting the 
requirements of Sec. 1902.19.