[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: 29CFR1902.38]

[Page 22]
 
                             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 D_Procedures for Determinations Under Section 18(e) of the Act
 
Sec. 1902.38  Evaluation of plan following certification.

    (a) Following the publication in the Federal Register under Sec. 
1902.34 of the certification acknowledging the completion of all 
developmental steps specified in the plan, or any portion thereof, the 
Assistant Secretary will evaluate and monitor the actual operations 
under the State plan for at least 1 year before determining whether the 
State is eligible for an 18(e) determination. The evaluation will assess 
the actual operation of the State's fully implemented program in 
accordance with the criteria in Sec. 1902.37 and take into account any 
information available to the Assistant Secretary affecting the State's 
program.
    (b) The Assistant Regional Director shall prepare a semi-annual 
report of his evaluation of the actual operations under the State plan 
or any portion thereof in narrative form. The Assistant Regional 
Director's evaluation report will be transmitted to the Assistant 
Secretary who will then transmit the report to the State. The State 
shall be afforded an opportunity to respond to each evaluation report.

[40 FR 54782, Nov. 26, 1975, as amended at 42 FR 58746, Nov. 11, 1977]