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OSHA 1902.14

Formal hearing procedures

Subpart C

11 Questions & Answers

Questions & Answers

Under 1902.14, when does a formal hearing commence?

Under 1902.14, a formal hearing begins when reasonable notice is published in the Federal Register and the State gives a similar notice. This means the official start is the public announcement in the Federal Register plus the State's comparable announcement, not just a private scheduling notice. See Formal hearing in 1902.14.

Under 1902.14, does the State have to give notice in addition to the Federal Register notice?

Under 1902.14, yes — the State must give a notice similar to the Federal Register publication before a formal hearing starts. The regulation requires both the Federal Register notice and a comparable State notice to commence the hearing. See Formal hearing in 1902.14.

Under 1902.14, what must the notice for a formal hearing include about filing deadlines?

Under 1902.14, the notice must set the terms (deadlines and procedures) for filing proposed findings and conclusions and for filing exceptions or objections to any tentative decision. In other words, the public notice must tell parties how and when to submit proposed findings, conclusions, and any objections to a tentative decision. See Formal hearing in 1902.14.

Under 1902.14, must a formal hearing follow the Administrative Procedure Act sections 5 U.S.C. 556 and 557?

Under 1902.14, yes — a formal hearing must conform with the requirements of 5 U.S.C. 556 and 557. That means the hearing must follow the APA procedures for adjudications, such as conducting a hearing on the record and observing procedural protections found in those sections. See Formal hearing in 1902.14.

Under 1902.11(e) and 1902.11(f), when might a State provide a formal hearing under 1902.14?

Under 1902.11(e) and 1902.11(f), a State may provide a formal hearing as part of the procedures for submission, approval, or rejection of State plans, and such formal hearings are governed by the commencement and procedural rules in 1902.14. Put simply, when 1902.11(e) or (f) calls for a formal hearing, 1902.14 tells you how and when that hearing must be publicly started and which procedural rules apply. See 1902.11(e), 1902.11(f), and Formal hearing in 1902.14.

Under 1902.14, can a formal hearing begin before the Federal Register notice is published?

Under 1902.14, no — a formal hearing shall be commenced upon the publication of reasonable notice in the Federal Register (and a similar State notice). The regulation makes the Federal Register notice a trigger for starting the hearing. See Formal hearing in 1902.14.

Under 1902.14, who decides the specific time frames for filing exceptions or objections to a tentative decision?

Under 1902.14, the notice published for the hearing must set the specific time frames for filing exceptions, objections, and proposed findings and conclusions. That means the agency issuing the notice (Federal and State as required) determines and announces those deadlines in the hearing notice. See Formal hearing in 1902.14.

Under 1902.14, what does it mean that the hearing "shall conform with the requirements of 5 U.S.C. 556 and 557"?

Under 1902.14, saying the hearing must "conform with the requirements of 5 U.S.C. 556 and 557" means the formal hearing must follow the Administrative Procedure Act’s adjudication rules—such as conducting an on-the-record hearing, providing notice, allowing parties to present evidence and cross-examine witnesses, and issuing findings based on the record. Those procedural protections must be applied in the State plan hearing. See Formal hearing in 1902.14.

Under 1902.14, are tentative decisions part of the formal hearing process and how are objections handled?

Under 1902.14, tentative decisions can be part of the process, and the notice for the formal hearing must state the terms for filing objections to any tentative decision. That means if a tentative decision is issued, the hearing notice must tell parties how and by when to file their objections or exceptions. See Formal hearing in 1902.14.

Under 1902.14, does the rule require publication in a specific Federal Register format or just 'reasonable notice'?

Under 1902.14, the rule requires publication of "reasonable notice" in the Federal Register (not a specified form beyond regular Federal Register practice) and similar notice by the State. In practical terms, that means using the Federal Register’s standard publication process to provide adequate public notice before the hearing starts. See Formal hearing in 1902.14.

Under 1902.14, do the State and Federal notices have to contain identical text?

Under 1902.14, the regulation requires a notice in the Federal Register and a similar notice by the State, but it does not demand identical wording; it requires the notices to be comparable in purpose so the public gets notice of the hearing and the filing terms. The key is that both notices provide the necessary details set out in the regulation (including filing terms). See Formal hearing in 1902.14.