(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.