Section R. 408.22224 - Application for modification, revocation, and renewal of variance; contents; informing affected employees; furnishing copy of application to employer; notice of intent to revoke or modify a variance; publication of noticeRule 1224.
(1) An employer or an affected employee may apply in writing to the department for a modification, revocation, or renewal of a variance issued under section 27 of the act. The application shall contain all of the following information. (a) The name and address of the firm, and the name and title of the applicant.(b) A description of the relief, whether modification, revocation, or renewal, which is sought.(c) A statement setting forth with particularity the grounds for the modification, revocation, or renewal.(d) Any request for a hearing as provided in these rules.(2) If the applicant is the employer, a certification shall be made that the applicant has informed his affected employees of the application by doing both of the following. (a) Giving a copy of the application to the affected employees' authorized representative.(b) Posting a copy of the application or a statement containing a summary of the application. If a summary of the application is posted, it shall specify where a copy of the full application may be examined. Posting shall be at the area in which the affected employees work.(3) If the applicant is an affected employee, then the department shall make a certification that a copy of the application has been furnished to the employer.(4) A department may, on its own motion, proceed to modify or revoke a variance. In that event, the department shall give actual notice of its intention to revoke or modify to the employer and affected employees. The notice shall inform the employer and affected employees of their right to request a hearing. A request for a hearing shall include a short and plain statement of the following. (a) How the proposed modification or revocation will affect the requesting party.(b) What the requesting party seeks to show on the subjects or issues involved.(5) A notice of the department's own intention to modify or revoke a variance shall be published in the MIOSHA News in the same manner as required by R 408.22227.Mich. Admin. Code R. 408.22224