Regulations (Standards - 29 CFR) - Table of Contents
• Part Number: 1955
• Part Title: Procedures for Withdrawl of Approval of State Plans
• Subpart: B
• Subpart Title: Notice of Formal Proceeding
• Standard Number: 1955.10
• Title: Publication of notice of formal proceeding.
• GPO Source: e-CFR


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) 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.



Whenever the Assistant Secretary, on the basis of a petition under 1955.5 or on his own initiative, determines that approval of a State plan or any portion thereof should be withdrawn, and the State has not waived its right under 1955.3(b) or paragraph (a) of this section to a formal proceeding, he shall publish a notice of proposed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 and cause such notice, in the form of a complaint, to be served on the State in accordance with 1955.15.



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.


Two copies of such notice shall b