2023 Illinois Compiled Statutes › Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS › 225 ILCS 705/ - Coal Mining Act. › Article 2 - Administration Of Act: Mining Board Organization And Duties

(225 ILCS 705/Art. 2 heading)
ARTICLE 2.
ADMINISTRATION OF ACT:
MINING BOARD ORGANIZATION AND DUTIES.
(225 ILCS 705/2.01) (from Ch. 96 1/2, par. 301)
Sec. 2.01. 
The Mining Board in the Department of Natural Resources shall
administer this Act.
(Source: P.A. 102-937, eff. 5-27-22.)
(225 ILCS 705/2.02) (from Ch. 96 1/2, par. 302)
Sec. 2.02. 
		
		The Mining Board shall be authorized, empowered and required to
make formal inquiry into and pass upon the practical and technological
qualifications and personal fitness of men seeking appointment as State
Mine Inspectors, and of those seeking certificates of competency as mine
managers, as hoisting engineers and as mine examiners. The Mining Board
shall have such other powers and duties as may be prescribed by the
provisions of this Act, or any other Act relating to coal mining. The
Mining Board also shall control and direct the State Mine Inspectors
hereinafter provided for, in the discharge of their duties, and shall have
the power, in person and through the State Mine Inspectors, to see that all
provisions of this Act are enforced. The Mining Board shall also cause to
be collected statistical details relating to coal mining in the State,
especially in its relation to the vital, sanitary, commercial and
industrial conditions, and to the permanent prosperity of said industry;
and the Mining Board shall cause such statistical details to be compiled
and summarized as a report of the Mining Board, to be known as the annual
coal report. The operators shall furnish to the Department on or before the
10th day of each month a monthly report of the coal produced the previous
month as required by the Department on forms furnished by said Department.
(Source: Laws 1955, p. 2012.)
(225 ILCS 705/2.03) (from Ch. 96 1/2, par. 303)
Sec. 2.03. 
		
		One of the coal miner members of the Mining Board shall be
elected as secretary. The Board may appoint a chief clerk and may employ
such other persons as may be necessary for the proper discharge of its
powers and duties; all of whom shall perform such duties as may be
prescribed by the Board from time to time, and the Board may from time to
time also prescribe standing and other rules for the control and direction
of its officers and employees and of the State mine inspectors. The
Secretary of State shall assign to the use of the Board suitably furnished
rooms in the State House.
(Source: Laws 1953, p. 701.)
(225 ILCS 705/2.04) (from Ch. 96 1/2, par. 304)
Sec. 2.04. 
		
		The Board shall hold such meetings from time to time as may be
necessary for the proper discharge of its duties. The Board shall meet once
during each year, the date and place to be fixed by said Board, for the
purpose of examining candidates for appointment as State Mine Inspectors.
(Source: Laws 1955, p. 2012.)
(225 ILCS 705/2.05) (from Ch. 96 1/2, par. 305)
Sec. 2.05. 
For the examination of persons seeking certificates of competency
as mine managers, hoisting engineers, and mine examiners, the Board shall
hold meetings at such times and places within the State as shall, in the
judgment of the members, afford the best facilities to the greatest number
of candidates. They shall also call an examination at least once a year for
electrical hoisting engineers and at least twice a year for mine electricians.
(Source: P.A. 98-543, eff. 1-1-14.)
(225 ILCS 705/2.06) (from Ch. 96 1/2, par. 306)
Sec. 2.06. 
		
		Public notice shall be given through the press or otherwise, not
less than 10 days in advance, announcing the time and place at which any
examinations provided for by this Article are to be held.
(Source: Laws 1953, p. 701.)
(225 ILCS 705/2.07) (from Ch. 96 1/2, par. 307)
Sec. 2.07. 
		
		The examinations provided for by this Article shall be conducted
under rules, conditions and regulations prescribed by the Board. Such rules
shall be made a part of the permanent record of the Board, and such of them
as relate to candidates shall be, upon application of any candidate,
furnished to him by the Board; they shall also be of uniform application to
all candidates.
(Source: Laws 1953, p. 701.)
(225 ILCS 705/2.08) (from Ch. 96 1/2, par. 308)
Sec. 2.08. 
		
		The Director of the Office of Mines and Minerals within
the Department of Natural Resources shall be the executive officer
of the Mining Board and shall execute the orders, rules and regulations
made and promulgated by the Mining Board.  The Manager of the Office of Mines
and Minerals may act as executive officer in
the absence of the Director of the Office of Mines and Minerals.
(Source: P.A. 89-445, eff. 2-7-96.)
(225 ILCS 705/2.09) (from Ch. 96 1/2, par. 309)
Sec. 2.09. 
		
		Three members of the Mining Board, or the Director may call
a meeting of the Mining Board at any time and at any place within the State.
Four members of the Mining Board and the executive officer shall constitute
a quorum.  Only in case of a tie vote the executive office shall have the right to vote.
(Source: P.A. 79-460.)
(225 ILCS 705/2.10) (from Ch. 96 1/2, par. 310)
Sec. 2.10. 
In conducting the hearings before the Mining Board any member of
the Mining Board shall have the power to administer oaths to any and all
persons appearing before the Mining Board, and any person who shall willfully, corruptly and falsely testify under oath with respect to any
charges or evidence offered shall be deemed guilty of perjury and shall be
subject to the penalties thereof as prescribed by the laws of this State.
(Source: P.A. 102-937, eff. 5-27-22.)
(225 ILCS 705/2.11) (from Ch. 96 1/2, par. 311)
Sec. 2.11. 
		
		Subject to the procedure provided for in Section 2.14, in case
of dispute between operators and miners on the
proper interpretation of rules, regulations, and laws in relation to
coal mines and subjects relating thereto, and providing for the health
and safety of persons employed therein, and the dispute is filed in
formal written form with the Department, the Director of the Office of
Mines and Minerals shall call a meeting of the Mining Board to review the
dispute.  An opinion of the proper interpretation of the disputed rule,
regulation, or law, concurred in by a majority of the Mining Board,
shall be binding upon the Department to enforce; and the operators and
miners must abide by the opinion, unless the opinion of the Mining Board
is at variance with an opinion of interpretation by the Attorney General
of the intent of the rule, regulation or law.  In case the opinion of the
Attorney General is at variance with the opinion of the Mining Board,
then all parties must abide by the opinion of the Attorney General,
except that all parties shall have recourse to courts of this State.
(Source: P.A. 89-445, eff. 2-7-96.)
(225 ILCS 705/2.12) (from Ch. 96 1/2, par. 312)
Sec. 2.12. 
The Mining Board shall have power to promulgate rules and
regulations, in accordance with the Illinois Administrative Procedure Act and in connection with methods of coal mining affecting the
health and safety of persons employed in the coal mines.
(Source: P.A. 102-937, eff. 5-27-22.)
(225 ILCS 705/2.13) (from Ch. 96 1/2, par. 313)
Sec. 2.13. 
		
		In case operators or miners shall file formal written charges
with the Department that any law or laws in relation to coal mines and
subjects relating thereto and providing for the health and safety of
persons employed therein has been violated, the Director shall call the
parties involved before the Mining Board to hear the evidence for, and the
defense against, the charges. In case the Mining Board finds, by a majority
vote, the charges are valid and true, it shall be the duty of the State's
Attorneys to prosecute all persons so offending, and the offenders shall be
subject to the penalties provided by law for such violations.
(Source: Laws 1953, p. 701.)
(225 ILCS 705/2.14) (from Ch. 96 1/2, par. 314)
Sec. 2.14. 
The Director shall promulgate rules, in accordance with the Illinois Administrative Procedure Act, necessary for the effective
and orderly conduct
of hearings held pursuant to this Act.  These rules shall include, but not
necessarily be limited
to, the following for the benefit of any affected operator, miner, labor
representative, or other
person with a substantial interest in the hearing:
1.  adequate written notice of charges against any     charged party;
2.  adequate written notice of all hearings to any     affected operator, miner, labor representative, or other interested person;
3.  the right to be represented by counsel;
4.  the right to present evidence;
5. the right to cross-examine witnesses;
6. the right to present its position orally or in     writing to the Board;
7. the right to request issuance of subpoenas by the     Department.
(Source: P.A. 102-937, eff. 5-27-22; 103-154, eff. 6-30-23.)
(225 ILCS 705/2.15) (from Ch. 96 1/2, par. 315)
Sec. 2.15. 
		
		The Department may refuse to issue or may suspend
the license, permit or certificate of any person who fails to file a
return, or to pay any final assessment of tax, penalty or interest, as
required by any tax Act administered by the Illinois Department of Revenue,
until such time as the requirements of any such tax Act are satisfied.
(Source: P.A. 84-221.)
(225 ILCS 705/2.16)
Sec. 2.16. Rules; Illinois Administrative Procedure Act. The Mining Board may adopt rules necessary for or incidental to the performance of duties or execution of powers conferred under this Act in accordance with provisions of the Illinois Administrative Procedure Act.
(Source: P.A. 97-1136, eff. 1-1-13.)