LD 1238
pg. 5
Page 4 of 6 An Act To Ensure Compliance with Safety Regulations Page 6 of 6
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LR 195
Item 1

 
safety procedures to be taken in the event of an emergency,
including any applicable emergency response plans developed by
a local emergency planning committee.

 
Upon request, the Department of Environmental Protection and the
State Emergency Response Commission shall assist the Bureau of
Labor Standards during the inspection when hazardous substances
are used in the facility.

 
7.__Bureau of Labor Standards determination.__The Bureau of
Labor Standards shall determine whether all of the factors
described in subsection 6 have been adequately addressed.__This
determination may not be made until the close of the period for
accepting public comment under subsection 4.__The Bureau of Labor
Standards shall consider all comments received from the public in
making its determination.

 
A.__If the Bureau of Labor Standards determines that all of
the factors described in subsection 6 have been adequately
addressed, the Bureau of Labor Standards shall immediately
notify the facility operator of that fact and the operator
may initiate or resume operation of the facility.

 
B.__If the Bureau of Labor Standards determines that not all
of the factors described in subsection 6 have been
adequately addressed, the Bureau of Labor Standards shall
immediately notify the facility operator of that fact, the
specific areas in which a deficiency has been determined and
the actions that must be taken to remedy the deficiency.__
Upon notice from the facility operator that the deficiencies
have been remedied, the Bureau of Labor Standards shall
follow the provisions of this section relating to initial
inspections except that any subsequent inspections are
limited to the areas of deficiency determined by the Bureau
of Labor Standards under this paragraph.

 
C.__All determinations made by the Bureau of Labor Standards
under this subsection are deemed to be final agency action
and may be appealed as provided in Title 5, chapter 375,
subchapter 7.__A Bureau of Labor Standards determination
under paragraph A is stayed for 30 days after an appeal is
filed under this paragraph.__During this period, the court
shall conduct a preliminary hearing and accept any relevant
evidence submitted by the parties upon leave of the court.__
At the end of the 30-day period, the court shall extend the
stay pending a final determination of the appeal unless it
finds that the appellants have failed to provide any
reasonable evidence demonstrating that not all of the
factors described in subsection 6 have been adequately
addressed.


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