# 29 CFR § 1955.10: Publication of notice of formal proceeding

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-29-1955.10

## Section

- **Citation:** 29 CFR § 1955.10
- **Heading:** Publication of notice of formal proceeding
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 29—Labor > Subtitle B—Regulations Relating to Labor > CHAPTER XVII—OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR > PART 1955—PROCEDURES FOR WITHDRAWAL OF APPROVAL OF STATE PLANS > Subpart B—Notice of Formal Proceeding

## Text

(a) 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.
(b)(1) 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under § 1955.5 or on his own initiative, determines that approval of a State plan or any portion thereof should be withdrawn, and the State has not waived its right under § 1955.3(b) or paragraph (a) of this section to a formal proceeding, he shall publish a notice of proposed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.
(2) 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.
(3) Two copies of such notice shall be served on the Assistant Secretary in accordance with § 1955.15.
(c) Not less than 30 days following publication of the notice in the Federal Register, the State shall submit a statement of those items in the notice which are being contested and a brief statement of the facts relied upon, including whether the use of witnesses is intended. This statement shall be served on the Assistant Secretary in accordance with § 1955.15. When a State fails to respond to the notice of proposed withdrawal under paragraph (b)(1) of this section, the State shall be deemed to have waived its right to a formal proceeding and the Assistant Secretary shall cause to be published in the Federal Register a notice of withdrawal of approval.

## Nearby sections

- [29 CFR § 1955.1 § 1955.1 Purpose and scope.](https://www.frixlaw.com/law-library/statutes/ecfr-29-1955.1.md)
- [29 CFR § 1955.2 § 1955.2 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-29-1955.2.md)
- [29 CFR § 1955.3 § 1955.3 General policy.](https://www.frixlaw.com/law-library/statutes/ecfr-29-1955.3.md)
- [29 CFR § 1955.4 § 1955.4 Effect of withdrawal of approval.](https://www.frixlaw.com/law-library/statutes/ecfr-29-1955.4.md)
- [29 CFR § 1955.5 § 1955.5 Petitions for withdrawal of approval.](https://www.frixlaw.com/law-library/statutes/ecfr-29-1955.5.md)
- [29 CFR § 1955.10 § 1955.10 Publication of notice of formal proceeding.](https://www.frixlaw.com/law-library/statutes/ecfr-29-1955.10.md)
- [29 CFR § 1955.11 § 1955.11 Contents of notice of formal proceeding.](https://www.frixlaw.com/law-library/statutes/ecfr-29-1955.11.md)
- [29 CFR § 1955.12 § 1955.12 Administrative law judge; powers and duties.](https://www.frixlaw.com/law-library/statutes/ecfr-29-1955.12.md)
- [29 CFR § 1955.13 § 1955.13 Disqualification.](https://www.frixlaw.com/law-library/statutes/ecfr-29-1955.13.md)
- [29 CFR § 1955.14 § 1955.14 Ex parte communications.](https://www.frixlaw.com/law-library/statutes/ecfr-29-1955.14.md)
- [29 CFR § 1955.15 § 1955.15 Manner of service and filing.](https://www.frixlaw.com/law-library/statutes/ecfr-29-1955.15.md)
- [29 CFR § 1955.16 § 1955.16 Time.](https://www.frixlaw.com/law-library/statutes/ecfr-29-1955.16.md)
- [29 CFR § 1955.17 § 1955.17 Determination of parties.](https://www.frixlaw.com/law-library/statutes/ecfr-29-1955.17.md)
- [29 CFR § 1955.18 § 1955.18 Provision for written comments.](https://www.frixlaw.com/law-library/statutes/ecfr-29-1955.18.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-29-1955.10. Check the current official text before relying on it. Not legal advice.