Subpart A
The purpose of Part 1955 is to set out the rules of practice and procedure for formal administrative proceedings to withdraw approval of State plans. These rules are summarized in 1955.1(a) and the part title 1955 clarifies that the overall subject is "Procedures for Withdrawal of Approval of State Plans."
Part 1955 addresses formal administrative proceedings on the withdrawal of both initial and final approval of State plans. The text of 1955.1(a) explicitly says the part covers withdrawal of initial or final approval of State plans in accordance with section 18(f) of the Act.
Part 1955 relies on section 18(f) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 667) as the legal authority for withdrawal proceedings. This authority is specifically referenced in 1955.1(a).
The rules in Part 1955 must be interpreted to secure a prompt and just conclusion of the proceedings. That directive comes directly from 1955.1(b), which tells adjudicators and parties to construe the rules with timeliness and fairness in mind.
These rules govern formal administrative proceedings. 1955.1(a) states the part contains rules of practice and procedure for formal administrative proceedings on withdrawal of State plan approval.
No — the rules in Part 1955 are specifically limited to proceedings about withdrawal of approval of State plans. 1955.1(a) confines the part to those State-plan withdrawal proceedings rather than to general OSHA enforcement unrelated to State plans.
Parties should expect that proceedings are to be conducted so as to reach a prompt and just conclusion. That expectation is set by 1955.1(b), which directs rules to be construed to secure promptness and fairness.
No — 1955.1 describes the procedural rules for withdrawal proceedings rather than establishing substantive criteria for withdrawal. The section states the part contains rules of practice and procedure for formal administrative proceedings on withdrawal (see 1955.1(a)).
No — the rules must be construed to secure a prompt and just conclusion, which runs counter to using the procedures solely to delay for tactical advantage. That purpose is explicitly required by 1955.1(b).
The intended audience includes parties to formal administrative proceedings concerning State-plan withdrawal—this can include federal OSHA officials, State plan representatives, and other stakeholders participating in such proceedings. The section makes clear the part contains rules of practice and procedure for those formal proceedings (see 1955.1(a)).