Maine Revised Statutes Title 26 Sec. 571 – Variance
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Terms Used In Maine Revised Statutes Title 26 Sec. 571
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Board: means the Board of Occupational Safety and Health. See Maine Revised Statutes Title 26 Sec. 563
- Director: means the Director of the Bureau of Labor Standards. See Maine Revised Statutes Title 26 Sec. 563
- Employee: means any person, including a minor whether lawfully or unlawfully employed, who is employed or permitted to work by the State, a state agency, county, municipal corporation, school district or other public corporation or political subdivision. See Maine Revised Statutes Title 26 Sec. 563
- Employer: shall mean the State, state agency, county, municipal corporation, school district or other political corporation or political subdivisions having employees. See Maine Revised Statutes Title 26 Sec. 563
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Any affected employer may apply to the director for order for a variance from a standard promulgated under this chapter. Affected employees shall be given notice of each application and an opportunity to participate in a hearing. The director shall issue the order if he determines on the record, after a hearing and, where appropriate, an inspection, that the proponent of a variance has demonstrated by a preponderance of the evidence that the conditions, practices, means, methods, operations or processes used or proposed to be used by an employer will provide employment and places of his employment to his employees which are as safe and healthful as those which would prevail if he complied with the standard. Such an order may be summarily revoked by the director on his own motion or modified or revoked by the director upon application by an employer or employee in the manner prescribed for its issuance. [PL 1981, c. 15, §2 (NEW).]
Any person aggrieved by an order of the director may appeal, at any time, from the order to the board under the process established in section 568. [PL 1981, c. 15, §2 (NEW).]
SECTION HISTORY
PL 1981, c. 15, §2 (NEW).