Title 8 . Labor and Workforce Development

Chapter 61 . Boiler and Pressure Vessel Construction Code

Section 350. Modification or revocation of a permanent variance

8 AAC 61.350. Modification or revocation of a permanent variance

(a) An employer, employee, or the employees' authorized representative may apply in writing to the commissioner for modification or revocation of a permanent variance issued pursuant to AS 18.60.077 . An application will not be considered unless the variance has been in effect for six or more months.

(b) The application must contain

(1) the name and address of the applicant and specify if applicant is an employer, employee, or authorized representative of the employees;

(2) a description of the relief which is sought;

(3) a statement setting forth with particularity the grounds for relief;

(4) if the applicant is an employer, a certification that the applicant has informed his affected employees of the application by

(A) giving a copy thereof to their authorized representative, if any;

(B) posting at the place or places where notices to employees are normally posted a statement giving a summary of the application and specifying where a copy of the full application may be examined (or, in lieu of the summary, posting the application itself); and

(C) other appropriate means;

(5) if the applicant is an employer, a certification that the applicant has informed his affected employees, and their authorized representative, if any, of their right to request a hearing on the application;

(6) if the applicant is an affected employee, a certification that a copy of the application has been furnished to the employer; and

(7) any request for a hearing, as provided in 8 AAC 61.370.

(c) The commissioner may on his own motion propose to modify or revoke a permanent variance issued pursuant to AS 18.60.077 . In this event, the commissioner will publish in a newspaper of statewide circulation and in a newspaper of local circulation in the area where the variance is implemented a notice of his intention. The notice will grant to interested persons the opportunity to submit written data, views or arguments regarding the proposal and inform the affected employer, employees and the authorized representative of the employees of their right to request within a stated time limit a hearing. The commissioner may take other action as appropriate to give actual notice to the affected employer and employees. A request for a hearing must include a short and plain statement of

(1) how the proposed modification or revocation would affect the requesting party; and

(2) what the requesting party would seek to show on the subjects or issues involved.

History: Eff. 1/10/75, Register 53

Authority: AS 18.60.020

AS 18.60.077