Informal hearing procedures

An informal hearing must be "legislative in type." Under 1902.50 the text states that "Any informal hearing shall be legislative in type." This means the hearing is conducted under the procedures identified for rulemaking-style or policy-review proceedings rather than as a formal adjudicatory trial. See also Part 1902 for the overall scope of the part.

The rules of procedure for each informal hearing are those contained in 1902.40. Section 1902.50 explicitly states that the rules of procedure for each hearing shall be those in 1902.40, so parties should consult that section to learn the specific procedural requirements.

Yes. The rules of procedure will be published with the notice of the hearing. Section 1902.50 says the rules "will be published with the notice thereof," so participants should receive (or have access to) the procedures at the same time the hearing notice is issued.

Procedures for determinations under section 18(e) are covered in Part 1902, Subpart D. The document title information shows this falls under Part 1902 and specifically Subpart D which contains 1902.50 (Informal hearing).

The official citation is 1902.50 and the title is "Informal hearing." This is the standard entry for informal hearings within Part 1902, Subpart D.

No. The provision in 1902.50 specifies the hearing is "legislative in type," which indicates it is not a formal adjudicatory trial but rather follows procedures used for legislative-style or rulemaking-type proceedings. For the exact procedural rules that apply, consult 1902.40.

No. Section 1902.50 makes clear that the rules of procedure for each hearing "shall be those contained in 1902.40." That language requires use of the procedures in 1902.40 rather than adopting different procedures for an individual hearing.

The procedures that will apply are the ones in 1902.40, and they "will be published with the notice" under 1902.50. In practice, review the hearing notice and the accompanying procedural text (or the cross-reference to 1902.40) to know the procedures you'll need to follow.

Yes. 1902.50 states that the rules of procedure "will be published with the notice thereof," meaning the notice of the informal hearing will include (or be accompanied by) the procedural rules from 1902.40.

You should consult 1902.40, because 1902.50 makes those rules the controlling procedures for informal hearings. If the notice does not include them, the text of 1902.40 still governs and should be obtained from the official OSHA regulations.

Yes. 1902.50 states that "Any informal hearing shall be legislative in type," which applies to informal hearings covered by Subpart D (Procedures for Determinations under section 18(e) of the Act) as organized in Part 1902.

Yes—either explicitly or by including the procedures—because 1902.50 requires that the rules of procedure "shall be those contained in 1902.40" and that those rules "will be published with the notice thereof." Practically, the notice should either include the text of 1902.40 or clearly reference it so participants know the procedures that govern.

No related Letters of Interpretation were found in this batch for 1902.50. The standard itself states the hearing type and refers to the procedural rules in 1902.40. For authoritative clarifications beyond the text, check OSHA's official resources for any later interpretations or guidance.