Sec. 09.12.91.03. Variances

A. Application for Variance.

(1) Any affected railroad company may apply to the Commissioner for a variance from a regulation or standard adopted under the Railroad Safety and Health Act, Labor and Employment Article, Title 5.5, Annotated Code of Maryland.

(2) An application for variance shall be in writing and shall include:

(a) The name and address of the applicant;

(b) Identification of the regulation or standard from which the applicant seeks a variance;

(c) The location, equipment, or practices involved;

(d) A detailed statement of the reasons why the applicant is requesting a variance from the regulation or standard;

(e) A statement of the steps the applicant has taken and will take, with specific dates where appropriate, to protect employees and the public against the hazard covered by the regulation or standard;

(f) Certification that the applicant has given appropriate notice of the application for variance to:

(i) The applicant's employees affected by the variance,

(ii) All authorized representatives of the affected employees, and

(iii) Other persons affected by the condition for which a variance is sought;

(g) A copy or description of the notice required by §A(2)(f) of this regulation; and

(h) A list of the names and addresses of persons to be notified pursuant to §A(2)(f) of this regulation.

B. Hearing.

(1) A hearing shall be held on every request for variance.

(2) Notice of a hearing on a request for variance shall be given in accordance with Regulation .02 of this chapter and also shall be published in the Maryland Register.

(3) A hearing on a request for variance shall be conducted in accordance with Regulation .02 of this chapter.