Md. Code Regs. 09.12.91.03 - Variances
A. Application for
Variance.
(1) Any affected railroad company
may apply to the Commissioner for a variance from a regulation or standard
adopted under the Railroad Safety and Health Act, Labor and Employment Article,
Title 5.5, Annotated Code of Maryland.
(2) An application for variance shall be in
writing and shall include:
(a) The name and
address of the applicant;
(b)
Identification of the regulation or standard from which the applicant seeks a
variance;
(c) The location,
equipment, or practices involved;
(d) A detailed statement of the reasons why
the applicant is requesting a variance from the regulation or
standard;
(e) A statement of the
steps the applicant has taken and will take, with specific dates where
appropriate, to protect employees and the public against the hazard covered by
the regulation or standard;
(f)
Certification that the applicant has given appropriate notice of the
application for variance to:
(i) The
applicant's employees affected by the variance,
(ii) All authorized representatives of the
affected employees, and
(iii) Other
persons affected by the condition for which a variance is sought;
(g) A copy or description of the
notice required by §A(2)(f) of this regulation; and
(h) A list of the names and addresses of
persons to be notified pursuant to §A(2)(f) of this regulation.
B. Hearing.
(1) A hearing shall be held on every request
for variance.
(2) Notice of a
hearing on a request for variance shall be given in accordance with Regulation
.02 of this chapter and also shall be published in the Maryland
Register.
(3) A hearing on a
request for variance shall be conducted in accordance with Regulation .02 of
this chapter.
Notes
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