2023 Illinois Compiled Statutes › Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS › 225 ILCS 705/ - Coal Mining Act. › Article 8 - Miners' Examinations

(225 ILCS 705/Art. 8 heading)
ARTICLE 8.
MINERS' EXAMINATIONS.
(Source: P.A. 102-937, eff. 5-27-22.)
(225 ILCS 705/8.01) (from Ch. 96 1/2, par. 801)
Sec. 8.01. 
No person shall be employed or engaged at the face of
the coal as a coal loader, loading machine operator, cutting machine
operator, driller or shooter, timberman or roof bolter in any coal mine in this State
without having first obtained a certificate of competency from the Mining Board,
and having completed a course of instruction in first aid to the injured
and mine rescue methods
and appliances prescribed by the Department,
except that any such certified miner may have one person
working with him and under his direction as an apprentice for the purpose
of learning the business of mining and becoming qualified to obtain a
certificate of competency.
No person who enters employment as an apprentice miner shall be
employed as an apprentice miner for a period longer than 12
months after becoming eligible to obtain a first class
certificate of competency, except in the event of illness or
injury, when time extensions may be permitted in a manner
established by the Mining Board.
(Source: P.A. 102-937, eff. 5-27-22.)
(225 ILCS 705/8.02)
Sec. 8.02. (Repealed).
(Source: P.A. 101-384, eff. 1-1-20. Repealed by P.A. 102-937, eff. 5-27-22.)
(225 ILCS 705/8.03)
Sec. 8.03. (Repealed).
(Source: P.A. 101-384, eff. 1-1-20. Repealed by P.A. 102-937, eff. 5-27-22.)
(225 ILCS 705/8.04) (from Ch. 96 1/2, par. 804)
Sec. 8.04. 
Each Mining Board officer shall receive his traveling
and other necessary expenses actually expended in the discharge of his
official duties. Expenses of such
officers shall be paid monthly. All expense accounts shall be itemized
and verified by the examining officer receiving the same, and shall be
approved by the Director.
(Source: P.A. 102-937, eff. 5-27-22.)
(225 ILCS 705/8.05) (from Ch. 96 1/2, par. 805)
Sec. 8.05. 
All
records, reports, books, papers, and other property pertaining to the
office of the Mining Board shall be kept by the secretary. The
secretary shall be provided with a seal with proper device, and on the
margin thereof shall be the words, "Mining Board, State of
Illinois."
(Source: P.A. 102-937, eff. 5-27-22.)
(225 ILCS 705/8.06) (from Ch. 96 1/2, par. 806)
Sec. 8.06. 
The Mining Board shall hold an examination once in
each calendar month, and at such other times and at such places as the
Director may designate.  The Director shall endeavor to schedule
examinations at places located most conveniently with
reference to the districts in which coal is mined in the State of Illinois
so that all persons in such district or in this State, or who may wish to
come into this State for the purpose of engaging in mining may be examined
as to their competency and qualifications. Public notice of the
examinations shall be given through the press or otherwise not less than
7 days in advance
of such meeting, which notice shall fix the time and place at which any
examination under this Act is to be held.
(Source: P.A. 102-937, eff. 5-27-22.)
(225 ILCS 705/8.07) (from Ch. 96 1/2, par. 807)
Sec. 8.07. 
Each applicant who satisfies the requirements set forth in this Article
shall receive his or her certificate of competency upon satisfactorily passing
the examination and submitting a fee as prescribed by rule. All fees collected shall be deposited into the Coal Mining Regulatory Fund. The monies deposited into the Coal Mining Regulatory Fund under this Section shall not be subject to administrative charges or chargebacks unless otherwise authorized by this Act.
(Source: P.A. 97-1136, eff. 1-1-13.)
(225 ILCS 705/8.08) (from Ch. 96 1/2, par. 808)
Sec. 8.08. All examinations held by the Mining Board shall be of a
practical nature so as
to determine the competency and qualification of the applicant to engage in
mining. The Mining Board shall examine under oath all persons
who apply for certificates as to their previous experience as miners and
shall grant certificates of competency to such applicants
as are qualified, which certificates shall entitle the holder thereof to be
employed as and to do the work of miners in this State.
(Source: P.A. 102-937, eff. 5-27-22.)
(225 ILCS 705/8.09) (from Ch. 96 1/2, par. 809)
Sec. 8.09. 
A first class certificate of competency shall be issued to
any person under this Article who can produce satisfactory evidence to
the Mining Board of having had not less than 1 year
experience as a worker on coal producing sections of a coal mine and
having had an opportunity during that year of observing and helping to
perform all the work required in that section and also to learn the
fundamentals of roof control, testing of top, and testing for gas, which
could be accomplished by the cooperation of management and workers, and
that he has completed a course in first aid for the injured.
A first class certificate of competency shall also be issued to any
person under this Article who can produce satisfactory evidence to the Mining
 Board of having been employed as a worker or a trainee
in an underground coal mine for a period not less than 6 months and
having had an opportunity during that 6 months of observing and helping
to perform work required on a coal producing section and also to learn
the fundamentals of ventilation, roof control, testing of rib and roof,
and testing for gas, and that he has completed a course in first aid for
the injured, and possesses a two-year Associate in Applied Science
Degree in Coal Mining Technology or a degree in Engineering from an
approved school or college, or university.
(Source: P.A. 102-937, eff. 5-27-22.)
(225 ILCS 705/8.11) (from Ch. 96 1/2, par. 811)
Sec. 8.11. 
In no case shall an applicant for a certificate of competency be
deemed competent unless he appears in person before the Mining
Board and orally answers intelligently and correctly practical questions,
propounded to him by said Board, pertaining to the requirements and
qualifications of a practical miner.
(Source: P.A. 102-937, eff. 5-27-22; 103-154, eff. 6-30-23.)
(225 ILCS 705/8.12) (from Ch. 96 1/2, par. 812)
Sec. 8.12. 
The Mining Board shall make an accurate record of its
proceedings and meetings and in the record shall show a correct detailed
account of the examination of each applicant with questions asked and their
answers, and the record made shall be open for public inspection.
(Source: P.A. 102-937, eff. 5-27-22.)
(225 ILCS 705/8.13) (from Ch. 96 1/2, par. 813)
Sec. 8.13. 
No miners' certificate granted under the provisions of this
Article is transferable and any effort to transfer the same is a violation
of this Act. Such certificates shall be issued only at meetings of the Mining
 Board and shall not be valid unless signed by at least
two members of the Mining Board and sealed with the seal of such
Board.
(Source: P.A. 102-937, eff. 5-27-22.)
(225 ILCS 705/8.14) (from Ch. 96 1/2, par. 814)
Sec. 8.14. 
The Mining Board shall annually on the first day of
March, report to the Director, in writing, what examinations it has held
and what work it has done during the preceding year, together with such
recommendations as it may deem advisable for the improvement of the method
of holding examinations and carrying out the purposes of this Article.
(Source: P.A. 102-937, eff. 5-27-22.)
(225 ILCS 705/8.15) (from Ch. 96 1/2, par. 815)
Sec. 8.15. 
		
		No person shall engage as a miner in any coal mine without having
obtained a certificate of competency as provided for
in this Article,
nor shall any person, firm, or corporation employ as a miner in his, her, their
or its mine in this State, any person who does not hold such certificate,
nor shall any mine foreman, overseer, or superintendent permit or allow
any person to be employed under him or her or in any mines under his or her
charge or supervision as a miner in any mine in this State, except as provided
in this Article, who does not hold such certificate of competency. Any
person, firm or corporation who shall violate or fail to comply with the
provisions of this Article shall be guilty of a Class B misdemeanor.
(Source: P.A. 85-1333.)
(225 ILCS 705/8.16) (from Ch. 96 1/2, par. 816)
Sec. 8.16. 
The Mining Board shall report all complaints or
charges of noncompliance with, or violation of the provisions of this
Article to the State's Attorney of the county in which such non-compliance
or violation occurs, and the State's Attorney of the county wherein the
complaints or charges are made shall investigate the same and prosecute all
persons so offending.
(Source: P.A. 102-937, eff. 5-27-22.)
(225 ILCS 705/8.17) (from Ch. 96 1/2, par. 817)
Sec. 8.17. 
In order to more effectively carry out the intention and purposes
of this Article, the Mining Board shall have power to administer
oaths to any and all persons who are applicants or may vouch in any manner
for the service or qualification of any applicant in order to obtain for
him a certificate hereunder, and any person who shall wilfully and falsely
swear or testify as to any matter material to such examination or as to the
service or qualification of any applicant shall be deemed guilty of perjury
and shall be subject to the penalties thereof as prescribed by the criminal
code of this State.
(Source: P.A. 102-937, eff. 5-27-22.)
(225 ILCS 705/8.18) (from Ch. 96 1/2, par. 818)
Sec. 8.18. 
The Governor shall have the power and authority to remove any Mining Board
 officer for neglect of duty, incompetency, or malfeasance
in office, and upon such removal shall appoint a successor.
(Source: P.A. 102-937, eff. 5-27-22.)
(225 ILCS 705/8.19) (from Ch. 96 1/2, par. 819)
Sec. 8.19. 
It shall be unlawful for any member of the Mining Board to issue
any certificate of competency pursuant to this Section when he knows or
has reason to know that
the applicant fails to meet any of the requirements for the certificate.
(Source: P.A. 102-937, eff. 5-27-22.)
(225 ILCS 705/8.20) (from Ch. 96 1/2, par. 820)
Sec. 8.20. 
		
		It shall be unlawful for any person or operator to knowingly
falsify or to misrepresent
to any person the length of practical experience or qualifications of an applicant for a
certificate of competency.
(Source: P.A. 79-460.)
(225 ILCS 705/8.21) (from Ch. 96 1/2, par. 821)
Sec. 8.21. 
		
		Any person who applies for a certificate of competency provided
in this Article shall cause to be posted in a conspicuous place available to
all employees on the premises of the mine at which he is employed a copy
of his application for such certificate. The employer of such persons shall
provide a suitable location for such posting. The application shall be posted
for a period of 30 days from the date of such application.
This posting requirement shall be in addition to the requirements of
Section 3.07 of this Act which shall apply fully to certificates applied
for and issued under this Article.
(Source: P.A. 85-1333.)