S.C. Code Regs. § § 71-208

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

Section 71-208 - Limitations, Variations, Tolerances, or Exemptions

A. Petition. Any person or class of persons desiring a limitation, variation, tolerance, or exemption may file a petition containing the information specified in paragraph B of this regulation with the Commissioner, Department of Labor, Columbia, South Carolina.

B. Contents. A petition filed pursuant to paragraph A of this regulation shall include:

(1) the name and address of the petitioner;

(2) the address of the place or places of employment involved;

(3) a specification of the provision of Rules and Regulations to or from which the petitioner seeks a limitation, variation, tolerance, or exemption;

(4) a representation showing that the limitation, variation, tolerance, or exemption sought is necessary and proper to avoid serious impairment of the national defense or State security;

(5) any request for a hearing, as provided in this subarticle;

(6) a description of how employees have been informed of the petition and of their right to petition the Commissioner for a hearing.

C. Interim Order.

(1) Petition. A petition may also be made for an interim order to be effective until a decision is rendered on the petition for a limitation, variation, tolerance, or exemption filed previously or concurrently. A petition for an interim order may include statements of fact and arguments as to why the order should be granted. The Commissioner may rule ex parte upon this petition.

(2) Notice of Denial of Petition. If a petition filed pursuant to subparagraph (1) of this paragraph is denied, the petitioner shall be given prompt notice of the denial, which shall include, or be accompanied by, a brief statement of the grounds therefor.

(3) Notice of the Grant of an Interim Order. If an interim order is granted, a copy of the order shall be served upon the petitioner for the order and other parties, and the terms of the order shall be on file in the office of the Commissioner. It shall be a condition of the order that the affected employer shall give notice thereof to affected employees by the same means to be used to inform them of a petition for a variance.

S.C. Code Regs. § 71-208