[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: 29CFR1902.41]

[Page 24]
 
                             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. 1902.41  Decision.

    (a) Within a reasonable time generally within 120 days after the 
expiration of the period provided for the submission of written data, 
views, and arguments on the issues on which no hearing is held, or 
within a reasonable time, generally not to exceed 120 days after the 
certification of the record of a hearing, the Assistant Secretary shall 
publish his decision in the Federal Register. His decision shall state 
whether or not an affirmative 18(e) determination has been made for the 
State plan or any separable portion thereof, or whether he intends to 
withdraw approval of the plan or any portion thereof pursuant to part 
1955 of this chapter. The action of the Assistant Secretary shall be 
taken after consideration of all information, including his evaluations 
of the actual operations of the plan, and information presented in 
written submissions and in any hearings held under this subpart.
    (b) Any decision under this section shall incorporate a concise 
statement of its grounds and purpose and shall respond to any 
substantial issues which may have been raised in written submissions or 
at the hearing.
    (c) All decisions resulting in an affirmative 18(e) determination 
shall contain provisions amending the appropriate subparts of part 1952 
of this chapter.
    (d) All decisions concerning the Assistant Secretary's determination 
under section 18(e) of the Act shall be published in the Federal 
Register.