S.C. Code Regs. § § 38-382.119

Current through Register Vol. 48, 12, December 27, 2024

Section 38-382.119 - Stand-down waiver provision (Company must file waiver with FMCSA.)

(a) Employers are prohibited from standing employees down, except consistent with a waiver from the Federal Motor Carrier Safety Administration as required under 38-382.119.

(b) An employer subject to 38-382 who seeks a waiver from the prohibition against standing down an employee before the MRO has completed the verification process shall follow the procedures in 49 CFR 40.21. The employer must send a written request, which includes all of the information required by that section to the Federal Motor Carrier Safety Administrator (or the Administrator's designee). U.S. Department of Transportation, 400 Seventh Street, SW. Washington. DC 20590.

(c) The final decision whether to grant or deny the application for a waiver will be made by the Administrator or the Administrator's designee.

(d) After a decision is signed by the Administrator or the Administrator's designee. the employer will be sent a copy of the decision, which will include the terms and conditions for the waiver or the reason for denying the application for a waiver.

(e) Questions regarding waiver applications should be directed to the Office of Enforcement and Compliance, Federal Motor Carrier Safety Administration, 400 Seventh Street, SW., Washington, DC 20590. The telephone number is (202) 366-5720.

S.C. Code Regs. § 38-382.119

Added by State Register Volume 30, Issue No. 4, eff April 28, 2006.