Modifications, Revocations, And Renewals Of Rules Or Orders

(1) Modifications or Revocations. Any applicant or an affected employee may apply in writing to the Commissioner for a modification or revocation of a rule or order issued under this chapter. The application shall contain the following information: (a) The name and address of the applicant; (b) A description of the relief which is sought; (c) A statement setting forth with particularity the grounds for relief; (d) If the applicant is an employer, a certification that the applicant has informed his affected employees of the application by: 1. Giving a copy of it to their authorized representative(s); and 2. Posting at the place or places where notices to employees are normally posted (or in lieu of such summary, the posting of a copy of the application) a statement summarizing the application and specifying where a copy may be examined. (e) If the applicant is an affected employee, a certification that a copy of the petition has been furnished to the employer; (f) Any request for a hearing as provided in Rule 0800-1-2-.10. (2) The Commissioner may on his own motion proceed to modify or revoke a rule or order issued under this chapter. In such event, the Commissioner shall take such action as may be necessary to give actual notice of his intention to the applicant and affected employees, affording the applicant and affected employees an opportunity to submit written data, views or arguments regarding the proposal, and informing the applicant and affected employees of their right to request a hearing. Any request for a hearing under paragraph (1) or (2) of this rule shall include a short and plain statement of: (a) How the proposed modification or revocation would affect the petitioning party; and (b) What the petitioning party would seek to show on the subjects or issues involved. (3) Renewal. Any final rule or order issued under this chapter may be renewed or extended in the manner prescribed for its issuance. (4) Public Notices. Any final rule or order issued under paragraphs (1) through (3) of this rule shall be published in one newspaper of general circulation in Chattanooga, Knoxville, Memphis and Nashville. VARIANCES FROM OCCUPATIONAL SAFETY AND HEALTH STANDARDS CHAPTER 0800-1-2