23-476. Safety standards and
regulations
A. Safety standards and regulations shall be formulated in the following manner:
1. The division shall either propose adoption of national consensus standards or
federal standards or draft such regulations as it considers necessary after conducting
sufficient investigation through the division's employees and through consultation with
the boiler advisory board and other persons knowledgeable in the business for which the
standards or regulations are being formulated.
2. Proposed standards or regulations, or both, shall be submitted to the commission
for its approval.
B. Any person who may be adversely affected by a standard or regulation issued
pursuant to this article may at any time prior to the sixtieth day after such standard or
regulation is promulgated file a complaint challenging the validity of such standard or
regulation with the superior court of the county in which the person resides or has his
or her principal place of business, for a judicial review of such standard or
regulation. The filing of such a complaint shall not, unless otherwise ordered by the
court, operate as a stay of the standard or regulation. The determinations of the
commission shall be conclusive if supported by substantial evidence in the record
considered as a whole.
C. In case of conflict between standards and regulations, the regulations shall
take precedence.
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