---
kind: "section"
citation: "29 C.F.R. § 1905.14"
title: "29"
number: "1905.14"
heading: "Action on applications."
url: "https://uscodex.org/cfr/29/1905.14"
---

# §1905.14. Action on applications.

- (a) **Defective applications.**
  - (1) If an application filed pursuant to [§ 1905.10(a)](/cfr/29/1905.10.md?p=a), [§ 1905.11(a)](/cfr/29/1905.11.md?p=a), [§ 1905.12(a)](/cfr/29/1905.12.md?p=a), or [§ 1905.13](/cfr/29/1905.13.md) does not conform to the applicable section, the Assistant Secretary may deny the application.
  - (2) Prompt notice of the denial of an application shall be given to the applicant.
  - (3) A notice of denial shall include, or be accompanied by, a brief statement of the grounds for the denial.
  - (4) A denial of an application pursuant to this paragraph shall be without prejudice to the filing of another application.
- (b) **Adequate applications.**
  - (1) If an application has not been denied pursuant to [paragraph (a)](#a) of this section, the Assistant Secretary shall cause to be published in the Federal Register a notice of the filing of the application.
  - (2) A notice of the filing of an application shall include:
    - (i) The terms, or an accurate summary, of the application;
    - (ii) A reference to the section of the Act under which the application has been filed;
    - (iii) An invitation to interested persons to submit within a stated period of time written data, views, or arguments regarding the application; and
    - (iv) Information to affected employers, employees, and appropriate State authority having jurisdiction over employment or places of employment covered in the application of any right to request a hearing on the application.
  - (3) Where the requested variance, or any proposed modification or extension thereof, involves a Federal standard, or any portion thereof, identical to a State standard, or any portion thereof, as provided in §§ [1905.10(b)(11)](/cfr/29/1905.10.md?p=b-11) and [1905.11(b)(8)](/cfr/29/1905.11.md?p=b-8) of this chapter, the Assistant Secretary will promptly furnish a copy of the application to the appropriate State authority and provide an opportunity for comment, including the opportunity to participate as a party, on the application by such authority, which shall be taken into consideration in determining the merits of the proposed action.
  - (4) A copy of each final decision of the Assistant Secretary with respect to an application filed under [§ 1905.10](/cfr/29/1905.10.md), [§ 1905.11](/cfr/29/1905.11.md), or [§ 1905.13](/cfr/29/1905.13.md) shall be furnished, within 10 days of issuance, the State authorities having jurisdiction over the employment or place of employment covered in the application.

## Notes

### Amendments

[36 FR 12290, June 30, 1971, as amended at 40 FR 25449, June 16, 1975]

### Authority

Authority: Secs. 6, 8, 16, Occupational Safety and Health Act of 1970 (29 U.S.C. 655, 657, 665), Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), or 9-83 (48 FR 35736) as applicable.

### Source

Source: 36 FR 12290, June 30, 1971, unless otherwise noted.

### Amendments

[36 FR 12290, June 30, 1971, as amended at 40 FR 25449, June 16, 1975]