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29 CFR § 1902.21 - Tentative decision following formal proceeding.

---
identifier: "/us/cfr/t29/s1902.21"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "29 CFR § 1902.21 - Tentative decision following formal proceeding."
title_number: 29
title_name: "Labor"
section_number: "1902.21"
section_name: "Tentative decision following formal proceeding."
chapter_name: "OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR"
part_number: "1902"
part_name: "STATE PLANS FOR THE DEVELOPMENT AND ENFORCEMENT OF STATE STANDARDS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Sec. 18, 84 Stat. 1608 (29 U.S.C. 667); Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012)."
regulatory_source: "36 FR 20751, Oct. 29, 1971, unless otherwise noted."
cfr_part: "1902"
---

# 1902.21 Tentative decision following formal proceeding.

(a) On the basis of the whole record of any hearing held under § 1902.14 or § 1902.19, the Assistant Secretary shall issue a tentative decision either approving or disapproving the plan. The tentative decision shall include a statement of the findings and conclusions and reasons or bases therefor on all material issues of fact, law, or discretion which have been presented. The tentative decision shall be published in the *Federal Register.*

(b) The State agency and other interested persons participating in the hearing may waive the tentative decision. In such event the Assistant Secretary shall issue a final decision under § 1902.22.