---
kind: "section"
citation: "29 C.F.R. § 1955.10"
title: "29"
number: "1955.10"
heading: "Publication of notice of formal proceeding."
url: "https://uscodex.org/cfr/29/1955.10"
---

# §1955.10. Publication of notice of formal proceeding.

- (a) The Assistant Secretary, prior to any notice of a formal proceeding under this subpart, shall by letter, provide the State with an opportunity to show cause within 45 days why a proceeding should not be instituted for withdrawal of approval of a plan or any portion thereof. When a State fails to show cause why a formal proceeding for withdrawal of approval should not be instituted, the State shall be deemed to have waived its right to a formal proceeding under [paragraph (b)](#b) of this section and the Assistant Secretary shall cause to be published in the Federal Register a notice of withdrawal of approval of the State plan.
- (b)
  - (1) Whenever the Assistant Secretary, on the basis of a petition under [§ 1955.5](/cfr/29/1955.5.md) or on his own initiative, determines that approval of a State plan or any portion thereof should be withdrawn, and the State has not waived its right under [§ 1955.3(b)](/cfr/29/1955.3.md?p=b) or [paragraph (a)](#a) of this section to a formal proceeding, he shall publish a notice of proposed withdrawal in the Federal Register as set out in [§ 1955.11](/cfr/29/1955.11.md) and cause such notice, in the form of a complaint, to be served on the State in accordance with [§ 1955.15](/cfr/29/1955.15.md).
  - (2) Not later than 5 days following the publication of the notice in the Federal Register, the State agency shall publish, or cause to be published, within the State reasonable notice containing a summary of the information in the Federal notice, as well as the location or locations where a copy of the full notice is available for inspection and public copying.
  - (3) Two copies of such notice shall be served on the Assistant Secretary in accordance with [§ 1955.15](/cfr/29/1955.15.md).
- (c) Not less than 30 days following publication of the notice in the Federal Register, the State shall submit a statement of those items in the notice which are being contested and a brief statement of the facts relied upon, including whether the use of witnesses is intended. This statement shall be served on the Assistant Secretary in accordance with [§ 1955.15](/cfr/29/1955.15.md). When a State fails to respond to the notice of proposed withdrawal under [paragraph (b)(1)](#b-1) of this section, the State shall be deemed to have waived its right to a formal proceeding and the Assistant Secretary shall cause to be published in the Federal Register a notice of withdrawal of approval.

## Notes

### Authority

Authority: Secs. 8 and 18, 84 Stat. 1608 (29 U.S.C. 657, 667); Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012).

### Source

Source: 40 FR 23467, May 30, 1975, unless otherwise noted.