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(a) The Commissioner shall hold a hearing on an application for a temporary variance on request of:

(1) the applicant; or

(2) an employee whom the temporary variance would affect.

(b) (1) The Commissioner:

(i) shall hold a hearing on each application for a permanent variance; and

(ii) if appropriate, shall conduct an inspection.

(2) The Commissioner shall give employees whom the permanent variance would affect an opportunity to participate in the hearing.