(a) Within 90 days after a cited variance or violation, if in the opinion of an interested party, the hazard cannot be corrected with the means at hand or compliance would work an undue hardship or the involved agency does not believe it should be required to comply, a written request for a hearing shall be given to the director.
(b) If in the director's judgment, the protest is valid, appropriate relief will be determined and granted.
  (1) If the matter cannot be disposed of, it shall be scheduled for a hearing.
  (2) Hearings will be held by the director or his designee.

Source Note: The provisions of this §251.406 adopted to be effective January 1, 1976; amended to be effective September 3, 1976, 1 TexReg 2381; amended to be effective July 9, 1980, 5 TexReg 2103; transferred effective September 1, 1997, as published in the Texas Register April 24, 1998, 23 TexReg 4060.