Regulations (Standards - 29 CFR) - Table of Contents
• Part Number: 1911
• Part Title: Rules of Procedure for Promulgating, Modifying or Revoking OSHA Standards
• Standard Number: 1911.15
• Title: Nature of hearing.
• GPO Source: e-CFR

1911.15(a)

1911.15(a)(1)

The legislative history of section 6 indicates that Congress intended informal rather than formal rulemaking procedures to apply. See the Conference Report, H. Rept. No. 91-1785, 91st Cong., second sess., 34 (1970). The informality of the proceedings is also suggested by the fact that. section 6(b) permits the making of a decision on the basis of written comments alone (unless an objection to a rule is made and a hearing is requested), the use of advisory committees, and the inherent legislative nature of the tasks involved. For these reasons, the proceedings pursuant to 1911.10 or 1911.11 shall be informal.

1911.15(a)(2)

Section 6(b)(3) provides an opportunity for a hearing on objections to proposed rulemaking, and section 6(f) provides in connection with the judicial review of standards, that determinations of the Secretary shall be conclusive if supported by substantial evidence in the record as a whole. Although these sections are not read as requiring a rulemaking proceeding within the meaning of the last sentence of 5 U.S.C. 553(c) requiring the application of the formal requirements of 5 U.S.C. 556 and 557, they do suggest a congressional expectation