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OSHA 1902.48

Revocation proceeding procedures

Subpart D

12 Questions & Answers

Questions & Answers

Under 1902.48, what must the Assistant Secretary do if he proposes to revoke his affirmative 18(e) determination after reconsideration?

The Assistant Secretary must follow the procedures set out in the remaining sections of the subpart. See the text of 1902.48 which directs that when reconsideration leads the Assistant Secretary to propose revocation of an affirmative 18(e) determination, he shall follow the procedures in the remaining sections of Subpart D of Part 1902. (See also Part 1902 overview for Subpart D context.)

Under 1902.48, when does this proceeding requirement apply?

This requirement applies when, as a result of the Assistant Secretary's reconsideration, he proposes to revoke an affirmative 18(e) determination. The provision states that "Whenever, as a result of his reconsideration, the Assistant Secretary proposes to revoke his affirmative 18(e) determination, he shall follow the procedures in the remaining sections of this subpart" (1902.48).

Under 1902.48, does the section itself list the specific revocation steps and timelines?

No — 1902.48 does not list the specific steps or timelines; it directs that the Assistant Secretary must follow the procedures found in the remaining sections of the subpart. The section is a directive to use the subsequent Subpart D provisions rather than detailing the procedures itself (1902.48).

Under 1902.48, where can I find the detailed procedures to be followed if the Assistant Secretary proposes revocation?

You can find the detailed procedures in the remaining sections of Subpart D of Part 1902. Section 1902.48 explicitly directs the Assistant Secretary to follow those subsequent sections when a revocation is proposed; refer to 1902.48 and the broader Part 1902 for the rest of Subpart D's procedures.

Under 1902.48, does the proceeding apply to actions other than revoking an affirmative 18(e) determination?

No — 1902.48 specifically applies when the Assistant Secretary proposes to revoke his affirmative 18(e) determination after reconsideration. The section's scope is limited to that circumstance and directs following the remaining subpart procedures when that precise situation occurs (1902.48).

Under 1902.48, is reconsideration a prerequisite before the Assistant Secretary may propose revocation?

Yes — 1902.48 is triggered when the Assistant Secretary, as a result of his reconsideration, proposes to revoke an affirmative 18(e) determination. The provision expressly links the proposal to revoke to the outcome of reconsideration (1902.48).

Under 1902.48, does the section require public notice or comment itself before revocation?

1902.48 does not itself state whether public notice or comment is required; it requires that the Assistant Secretary follow the procedures in the remaining sections of the subpart, where such procedural details (including any notice or comment requirements) would be specified. See 1902.48 and the subsequent sections of Subpart D for those specifics.

Under 1902.48, if reconsideration results in no proposal to revoke, does this section apply?

No — 1902.48 applies only when reconsideration leads the Assistant Secretary to propose revocation of an affirmative 18(e) determination. If no such proposal is made, the directive in 1902.48 to follow the remaining subpart procedures is not triggered (1902.48).

Under 1902.48, which part and subpart contain the procedures referenced by the section?

The procedures are contained in Subpart D of Part 1902, titled "Procedures for Determinations Under section 18(e) of the Act." Section 1902.48 itself is within that subpart and directs use of the remaining Subpart D procedures when a revocation is proposed (1902.48; see Part 1902 for subpart context).

Under 1902.48, must the Assistant Secretary follow the remaining subpart procedures even if the revocation would be limited in scope?

Yes — 1902.48 mandates following the procedures in the remaining sections of the subpart whenever the Assistant Secretary, after reconsideration, proposes to revoke his affirmative 18(e) determination. The section does not carve out exceptions based on scope; it requires use of the subpart procedures for such proposed revocations (1902.48).

Under 1902.48, can a different official substitute the Assistant Secretary's role in following the subpart procedures?

1902.48 specifically refers to the Assistant Secretary proposing revocation after reconsideration and directs that the Assistant Secretary follow the remaining subpart procedures; it does not authorize substitution by a different official. The provision identifies the Assistant Secretary as the actor in this context (1902.48).

Under 1902.48, where can I read the exact language that triggers the proceeding?

The exact trigger language is in the text of 1902.48: "Whenever, as a result of his reconsideration, the Assistant Secretary proposes to revoke his affirmative 18(e) determination, he shall follow the procedures in the remaining sections of this subpart." For broader context, see Part 1902.