reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 44. Militia › §44-4314. Reemployment - Director of Human Capital Management of the Office of Management and Enterprise Services duties.

A. Except as provided in subsections B, C and D of this section, if a person is entitled to reemployment by the state government under Section 8 of this act, he or she shall be reemployed in a position of employment as described in Section 9 of this act.
B. 1. If the Director of Human Capital Management of the Office of Management and Enterprise Services makes a determination described in paragraph 2 of this subsection with respect to a person who was employed by a state agency at the time he or she entered the state military forces from which he or she seeks reemployment under this section, the Director shall:
a.
identify a position of like seniority, status, and pay at another state agency that satisfies the requirements of Section 9 of this act and for which the person is qualified, and
b.
ensure that the person is offered such a position.
2. The Director shall carry out the duties in subparagraphs a and b of paragraph 1 of this subsection if the Director determines that:
a.
the state agency that employed the person no longer exists and the functions of the agency have not been transferred to another state agency, or
b.
it is impossible or unreasonable for the agency to reemploy the person.
C. If the employer of a person described in subsection A of this section was, at the time the person entered the state military forces from which the person seeks reemployment under this section, a part of the judicial branch or the legislative branch of the state and the employer determines that it is impossible or unreasonable for the employer to reemploy the person, the person shall, upon application to the Director of Human Capital Management of the Office of Management and Enterprise Services, be ensured an offer of employment in an alternative position in a state agency on the basis described in subsection B of this section.
D. If the Adjutant General determines it is impossible or unreasonable to reemploy a person who was a National Guard technician employed under 32 U.S.C., Section 709, the person shall, upon application to the Director of Human Capital Management of the Office of Management and Enterprise Services, be ensured an offer of employment in an alternative position in a state agency on the basis described in subsection B of this section.
Added by Laws 2021, c. 122, § 10, emerg. eff. April 21, 2021.
2023 Oklahoma Statutes › Title 44. Militia › §44-4319. Liability of controlling Oklahoma employer of foreign entity - Applicability to foreign employer.

A. Liability of controlling Oklahoma employer of foreign entity. If an employer controls an entity that is incorporated or otherwise organized in a foreign country, any denial of employment, reemployment, or benefit by such entity shall be presumed to be by the employer.
B. Applicability to foreign employer. This section shall not apply to foreign operations of an employer that is a foreign person not controlled by an Oklahoma employer, except that any employer conducting business in Oklahoma, even a foreign entity not registered with the Oklahoma Secretary of State, or any employer with employees working in Oklahoma shall be subject to this act.
C. Determination of controlling employer. For purposes of this section, the determination of whether an employer controls an entity shall be based upon the interrelations of operations, common management, centralized control of labor relations, and common ownership or financial control of the employer and the entity.
D. Exemption. Notwithstanding any other provision of this section, an employer, or an entity controlled by an employer, shall be exempt from compliance with Sections 7 through 14 of this act with respect to an employee in a workplace in a foreign country, if compliance would cause the employer or entity controlled by an employer, to violate the law of the foreign country in which the workplace is located.
Added by Laws 2021, c. 122, § 14, emerg. eff. April 21, 2021.
2023 Oklahoma Statutes › Title 44. Militia › §44-4321. Assistance from Commissioner of Labor.

The Commissioner of Labor shall provide assistance to any person regarding the employment and reemployment rights and benefits which the person is entitled to under the Oklahoma Uniformed Services Employment and Reemployment Rights Act. In providing assistance, the Commissioner may request assistance from existing federal and state agencies engaged in similar or related activities and utilize the assistance of volunteers.
Added by Laws 2021, c. 122, § 15, emerg. eff. April 21, 2021.
2023 Oklahoma Statutes › Title 44. Militia › §44-4322. Refusal to comply – Complaint process.

A. A person who claims that:
1. He or she is entitled under the Oklahoma Uniformed Services Employment and Reemployment Rights Act to employment or reemployment rights or benefits with respect to employment; and
2.
a.
His or her employer has failed or refused, or is about to fail or refuse, to comply with the provisions of the Oklahoma Uniformed Services Employment and Reemployment Rights Act, or
b.
His or her employer is a state agency and the employer or the Office of Management and Enterprise Services, Human Capital Management, has failed or refused, or is about to fail or refuse, to comply with the provisions of the Oklahoma Uniformed Services Employment and Reemployment Rights Act,
may file a complaint with the Commissioner of Labor as provided in subsection B of this section, and the Commissioner shall investigate such complaint.
B. The complaint shall be in writing on a form prescribed by the Commissioner, include the name and address of the employer against whom the complaint is filed, and contain a summary of the allegations that form the basis for the complaint.
C. 1. Not later than five (5) business days after the Commissioner receives a complaint submitted pursuant to this section, the Commissioner shall notify the complainant in writing of his or her rights with respect to the complaint under this section and Section 17 of this act.
2. The Commissioner shall, upon request, provide technical assistance to a potential complainant for a complaint under this subsection and, when appropriate, to the complainant's employer.
D. The Commissioner shall investigate each complaint submitted pursuant to this section. If the Commissioner determines as a result of the investigation that the action alleged in the complaint occurred, the Commissioner shall attempt to resolve the complaint by making reasonable efforts to ensure that the employer named in the complaint complies with the provisions of the Oklahoma Uniformed Services Employment and Reemployment Rights Act.
E. If the efforts of the Commissioner do not resolve the complaint, the Commissioner shall notify the complainant in writing of:
1. The results of the Commissioner's investigation; and
2. The complainant's entitlement to proceed under the enforcement of rights provisions in Section 17 of this act for a complainant against a state or private employer.
F. Any action required by subsections D and E of this section for a complaint submitted by a complainant to the Commissioner under subsection A of this section shall be completed by the Commissioner not later than ninety (90) days after receipt of the complaint.
Added by Laws 2021, c. 122, § 16, emerg. eff. April 21, 2021.
2023 Oklahoma Statutes › Title 44. Militia › §44-4326. Investigatory powers – Subpoenas – District court writs.

A. In any investigations pursuant to the Oklahoma Uniformed Services Employment and Reemployment Rights Act:
1. Duly authorized representatives of the Commissioner of Labor shall, at all reasonable times, have reasonable access to and the right to interview persons with information relevant to an investigation and shall have reasonable access to, for purposes of examination, and the right to copy and receive, any documents of any person or employer that the Commissioner considers relevant to the investigation; and
2. The Commissioner may require by subpoena the attendance and testimony of witnesses and the production of documents relating to any matter under investigation. If a party disobeys a subpoena, and upon request of the Commissioner, the district attorney with jurisdiction in the county where the complainant resides or where the complainant was previously assigned for duty as a state employee immediately prior to service in the military forces may apply to district court for an order enforcing the subpoena.
B. Upon application, district courts of the state shall have jurisdiction to issue writs commanding any person or employer to comply with the subpoena of the Commissioner or to comply with any order of the Commissioner made pursuant to a lawful investigation pursuant to the Oklahoma Uniformed Services Employment and Reemployment Rights Act, and district courts shall have jurisdiction to punish a party for failure to obey a subpoena or other lawful order of the Commissioner as a contempt of court.
C. Subsections A and B of this section shall not apply to the legislative branch or the judicial branch of the state.
Added by Laws 2021, c. 122, § 18, emerg. eff. April 21, 2021.
2023 Oklahoma Statutes › Title 44. Militia › §44-4327. Effect of noncompliance of state officials with deadlines - Inapplicability of statutes of limitations.

A. Effect of noncompliance of state officials with deadlines.
1. The inability of the Commissioner of Labor or a district attorney to comply with a deadline applicable to such official under Section 16 or 17 of this act shall not:
a.
affect the authority of the district attorney to represent and file an action or submit a complaint on behalf of a person under Section 17 of this act,
b.
affect the right of a person to:
(1)
commence an action under Section 17 of this act, or
(2)
obtain any type of assistance or relief authorized by the Oklahoma Uniformed Services Employment and Reemployment Rights Act,
c.
deprive a district court of jurisdiction over an action or complaint filed by the district attorney or a person under Section 17 of this act, and
d.
constitute a defense, including a statute of limitations period, that any employer, including state government, its political subdivisions or a private employer, may raise in an action filed by the district attorney or a person under Section 17 of this act.
2. If the Commissioner or the district attorney is unable to meet a deadline applicable to such official in Section 16 or 17 of this act, and the complainant agrees to an extension of time, the Commissioner or the district attorney shall complete the required action within the additional period of time agreed to by the complainant.
B. Inapplicability of statutes of limitations. If any person seeks to file a complaint or claim with the Commissioner of Labor or a district court alleging a violation of the Oklahoma Uniformed Services Employment and Reemployment Rights Act, there shall be no limitation on the period for filing the complaint or claim.
Added by Laws 2021, c. 122, § 19, emerg. eff. April 21, 2021.
2023 Oklahoma Statutes › Title 44. Militia › §44-4331. Authority to prescribe regulations.

A. The Commissioner of Labor, in consultation with the Adjutant General, may prescribe regulations implementing the provisions of the Oklahoma Uniformed Services Employment and Reemployment Rights Act as it applies to state government, political subdivisions, and private employers.
B. The Director of Human Capital Management of the Office of Management and Enterprise Services, in consultation with the Commissioner of Labor and the Adjutant General, may prescribe regulations implementing the provisions of the Oklahoma Uniformed Services Employment and Reemployment Rights Act as it applies to state agencies as employers. The regulations shall be consistent with regulations pertaining to political subdivisions and private employers, except that state employees may be given greater or additional rights.
Added by Laws 2021, c. 122, § 20, emerg. eff. April 21, 2021.
2023 Oklahoma Statutes › Title 44. Militia › §44-4332. Annual report by the Commissioner of Labor.

A. Annual report by the Commissioner of Labor. The Commissioner shall, after consultation with the district attorney to whom a complaint pursuant to the Oklahoma Uniformed Services Employment and Reemployment Rights Act has been referred, transmit to the Committee on Veterans and Military Affairs of the Oklahoma House of Representatives and the Committee on Veterans and Military Affairs of the Oklahoma State Senate not later than July 1 of each year a report on matters for the fiscal year ending in the year before the year in which the report is transmitted the number of cases reviewed by the Department of Labor under the Oklahoma Uniformed Services Employment and Reemployment Rights Act during the fiscal year for which the report is made.
B. In the event no complaints are received pursuant to the Oklahoma Uniformed Services Employment and Reemployment Rights Act during the fiscal year for which the report is made, no report shall be required pursuant to this section.
Added by Laws 2021, c. 122, § 21, emerg. eff. April 21, 2021.
2023 Oklahoma Statutes › Title 44. Militia › §44-4333. Informing persons and employers of rights, benefits, and obligations.

The Commissioner of Labor, Adjutant General, and Executive Director of the Oklahoma Department of Veterans Affairs shall take such actions as they determine to be appropriate to inform persons entitled to rights and benefits under the Oklahoma Uniformed Services Employment and Reemployment Rights Act and employers of the rights, benefits, and obligations of employees and employers under the Oklahoma Uniformed Services Employment and Reemployment Rights Act.
Added by Laws 2021, c. 122, § 22, emerg. eff. April 21, 2021.
2023 Oklahoma Statutes › Title 44. Militia › §44-4334. Notice of rights, benefits, and obligations to be posted by employer.

A. Requirement to provide notice. Each employer shall identify their employees who are members of the state military forces and provide them with a notice of the rights, benefits, and obligations of employees and employers subject to the Oklahoma Uniformed Services Employment and Reemployment Rights Act. This notice requirement may be met by posting the notice where employers customarily place notices for employees.
B. Content of the notice. The Commissioner of Labor shall provide employers with the content of the notice required by this section.
Added by Laws 2021, c. 122, § 23, emerg. eff. April 21, 2021.
2023 Oklahoma Statutes › Title 44. Militia › §44-4335. Training to be provided by state agencies and political subdivisions.

A. Training required. The administrator of each state agency and political subdivision shall provide training for the human resources personnel of the agency or political subdivision on the following:
1. The rights, benefits, and obligations provided in the Oklahoma Uniformed Services Employment and Reemployment Rights Act for employees who are members of the state military forces; and
2. The application and administration of the requirements of the Oklahoma Uniformed Services Employment and Reemployment Rights Act by the agency or political subdivision.
B. Training consultation and frequency. The training required by subsection A of this section for state agencies shall be developed and provided in consultation with the Director of Human Capital Management of the Office of Management and Enterprise Services. The training shall be provided as determined by the Director of Human Capital Management of the Office of Management and Enterprise Services in order to ensure that the human resources personnel of state agencies are kept fully and currently informed of the issues covered by the training.
C. Human resources personnel defined. As used in this section, "human resources personnel" means any personnel of a state agency or political subdivision who are authorized to recommend, take, or approve any employee action which is subject to the requirements of the Oklahoma Uniformed Services Employment and Reemployment Rights Act.
Added by Laws 2021, c. 122, § 24, emerg. eff. April 21, 2021.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-1.2. Violation of Board order - Notice - Hearing - Misdemeanor - Injunction - Action.

A. Whenever the Board determines there are reasonable grounds to believe there has been a violation of any order of the Board adopted pursuant to Title 45 of the Oklahoma Statutes, it shall give written notice to the alleged violator specifying the cause of the complaint. Such notice shall require that the matters complained of be corrected within a specified time or that the alleged violator appear before the Board at a time and place specified in the notice to answer the charges. The notice shall be delivered to the alleged violator in accordance with the provisions of subsection C of this section not less than twenty (20) days before the time set for the hearing.
B. The Board shall afford the alleged violator an opportunity for a hearing in conformity with the Administrative Procedures Act. On the basis of the evidence produced at the hearing, the Board shall make findings of fact and conclusions of law and enter an order thereon. The Board shall give written notice of such order to the alleged violator. The order of the Board shall become final and binding on all parties unless appealed to the district court within thirty (30) days after notice of such order has been sent to the parties.
C. Any notice, order or other instrument issued by the Board pursuant to this section may be served either personally, by publication, or by mailing a copy by registered mail directed to the alleged violator at his last-known address as shown by the files or records of the Board. Proof of such service shall be filed in the office of the Board.
D. Unless otherwise specified by law, any person who violates any of the provisions of Title 45 of the Oklahoma Statutes or who violates any order or determination of the Board promulgated pursuant to this section shall be guilty of a misdemeanor and in addition thereto may be enjoined from continuing such violation. Each day upon which such violation occurs shall constitute a separate violation.
The Attorney General, on the request of the Board, shall bring an action against any person violating any order or determination of the Board adopted pursuant to Title 45 of the Oklahoma Statutes.
Added by Laws 1982, c. 296, § 3.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-1.3. Hearings - Hearing officer - Judicial review.

A. All hearings required by the Board may be conducted by the Board itself at aregular or special meeting of the Board or the Board may designate hearing officers who shall have the power and authority to conduct such hearings in the name of the Board at any time and place.
B. Any person aggrieved by a final order or other final determination of the Board may, or the Attorney General on behalf of the state may, petition for a judicial review for rehearing, reopening or reconsideration of the matter, as provided for in Section 317 of Title 75 of the Oklahoma Statutes.
Added by Laws 1982, c. 296, § 4.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-1.4. Inspection of mines - Mining records.

The Chief Mine Inspector or his duly authorized representative shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relating to the health and safety of anyone employed in a mine in this state or to carry out its duties as required by this title.
The Board may require the maintenance of records relating to mining. Copies of such records shall be submitted to the Board on request.
Added by Laws 1982, c. 296, § 5.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-1.5. Rules and regulations.

The Board shall adopt within one hundred and eighty (180) days of the effective date of this act, rules and regulations governing ventilation, underground haulage, hoisting operations, explosives, and such other regulations it may deem necessary to protect the health and safety of persons employed in the mines of this state.
Added by Laws 1982, c. 296, § 6.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-1a. Powers and duties of Commission.

A. The Oklahoma Mining Commission shall be the policy-determining agency for the Department of Mines and shall determine the broad plans and programs for the accomplishment of duties and responsibilities vested by law in said Commission, the Chief Mine Inspector and the Department of Mines, and may in the absence of an appointed Chief Mine Inspector, fix the duties and responsibilities of personnel employed by the Department including, in the absence of an appointed Chief Mine Inspector, the Director of the Department of Mines. It shall have the authority to delegate to its chairman, to one or more agents or employees, such powers and duties as it may deem proper. Each member of the Commission shall be reimbursed for actual and necessary travel expenses necessarily incurred in the discharge of official duties as provided in the State Travel Reimbursement Act.
B. In addition to other powers and duties specified by law, the Oklahoma Mining Commission shall have the power and duty to:
1. acquire by gift, devise, purchase or otherwise, absolutely or in trust, and to hold and, unless otherwise restricted by the terms of the gift or devise, any real property or real estate or other interest therein as may be necessary in carrying into effect the purpose of this act.
2. enter into contracts and to execute all instruments necessary to fulfill its duties, respecting the protection, preservation, maintenance and operation of such buildings and sites as it may select.
Added by Laws 1985, c. 239, § 2, eff. Jan. 1, 1986. Amended by Laws 1990, c. 266, § 74, operative July 1, 1990.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-1b. Chief Mine Inspector - Director.

The chief executive officer of the Department of Mines shall be the Chief Mine Inspector. In the absence of an appointed Chief Mine Inspector the chief executive officer shall be the Director who shall be appointed by the Oklahoma Mining Commission and who shall serve at the pleasure of said Commission and fix his or her duties and compensation. The Director shall be chosen with regard to his or her knowledge, training, experience and ability in administering the functions of the Department. No person shall be appointed Director who has not been a resident and a qualified elector of this state for a period of at least three (3) years preceding appointment.
Added by Laws 1985, c. 239, § 3, eff. Jan. 1, 1986.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-1c. Powers and duties of Director.

Subject to the policies, rules and regulations of the Oklahoma Mining Commission, the Director shall:
1. Be responsible for organizing the Department of Mines in a manner efficiently to achieve the objectives of the Commission;
2. Prepare and submit plans for administering the programs of the Commission;
3. Prepare a personnel schedule, employ personnel, define duties, appoint technicians and consultants, and fix salaries or compensation, upon approval by the Commission; and
4. Administer all policies formulated and adopted by the Commission.
Added by Laws 1985, c. 239, § 4, eff. Jan. 1, 1986.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-1d. Additional powers and duties of Director.

A. The Director of the Department of Mines with the approval of the Commission shall have and is authorized to exercise the following duties:
1. To appoint a miner certification advisory council or other such advisory council as may be required to accomplish government functions; and
2. To provide assistance, advice and counsel to the Commission when requested.
B. Any advisory councils shall meet at such times and places as the members may deem most convenient for the transaction of business. A majority of such councils shall constitute a quorum. Each member of such councils shall be reimbursed for actual and necessary expenses incurred in the discharge of official duties with approval of the Director and the Commission as provided in the State Travel Reimbursement Act.
Added by Laws 1985, c. 239, § 5, eff. Jan. 1, 1986. Amended by Laws 1986, c. 308, § 5, operative July 1, 1986; Laws 1998, c. 364, § 12, emerg. eff. June 8, 1998.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-1e. Oklahoma Miner Training Institute - Establishment - Faculty and services - Director - Advisor.

A. There is hereby established the Oklahoma Miner Training Institute. The Oklahoma Miner Training Institute shall administer miner safety training programs and economic development programs to assist the mining industry in this state.
B. The Oklahoma Mining Commission shall contract with the Board of Regents of Eastern Oklahoma State College in Wilburton for facilities, faculty and services necessary for the operation of the Institute including, but not limited to, the services of a Director of the Institute and for the development of appropriate curriculum and other services to be offered by the Institute. The Regents of Eastern Oklahoma State College shall appoint a Director for the Oklahoma Miner Training Institute.
C. The Director of the Oklahoma Miner Training Institute shall have knowledge, training, experience and ability consistent with the functions of the Oklahoma Miner Training Institute. Further, the Director shall have been a resident and a qualified elector of this state for a period of at least three (3) years prior to his selection as Director.
D. The Oklahoma Mining Commission shall act in an advisory capacity concerning the operations of the Oklahoma Miner Training Institute.
Added by Laws 1986, c. 308, § 9, operative July 1, 1986. Amended by Laws 1988, c. 235, § 3, operative Oct. 1, 1988.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-1f. Oklahoma Miner Training Institute - Duties.

The Oklahoma Miner Training Institute shall:
1. Conduct miner safety training programs consistent with the needs of the mining industry within this state and the training requirements of the Oklahoma Mining Commission;
2. Assist and cooperate with the Oklahoma Mining Commission by conducting examinations of students of the Oklahoma Miner Training Institute applying for certificates of competency issued by the Oklahoma Mining Commission; and
3. Assist the Oklahoma Mining Commission in developing ways to expand existing markets and create new markets for coal and noncoal mining operations and to further the economic development of the mining industry.
Added by Laws 1986, c. 308, § 10, operative July 1, 1986. Amended by Laws 1988, c. 235, § 4, operative Oct. 1, 1988.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-1g. Department of Environmental Quality - Regulation of certain mining activities.

Any point source discharge, the disposal of any hazardous waste, as regulated by the Oklahoma Hazardous Waste Management Act, or solid waste, sewage or other wastewater, and any air emission subject to the Oklahoma Clean Air Act, from any mine or mining activity shall be regulated by the Department of Environmental Quality.
Added by Laws 1993, c. 145, § 271, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-3. Chief Mine Inspector - Assistant Mine Inpectors.

The Chief Mine Inspector shall be a citizen of the United States and shall have been a resident of the State of Oklahoma for the three (3) years prior to his appointment to office. In addition, the Chief Mine Inspector shall have had eight (8) years' actual experience as a practical miner. For the purposes of this section employment as an inspector for the Department of Mines shall be considered practical mining experience. The Chief Mine Inspector shall be appointed by the Governor by and with the consent of the Senate for a term of four (4) years to run concurrently with the term of the Governor. At any time that such office becomes vacant, the Governor shall appoint with the consent of the Senate a successor to complete the unfinished term of office.
The Deputy Chief Mine Inspector shall possess the same residency requirements necessary for the Chief Mine Inspector. The Deputy Chief Mine Inspector shall be appointed by and shall serve at the pleasure of the Governor and shall be under the direction of the Chief Mine Inspector. The Deputy Chief Mine Inspector shall assume all of the duties and responsibilities of the Chief Mine Inspector in the absence of the Chief Mine Inspector.
The assistant mine inspectors shall be appointed by and at all times be under the direction of the Chief Mine Inspector. The assistant mine inspectors appointed to inspect underground mining operations shall have a minimum of three (3) years' practical mining experience, and shall have obtained as a minimum a certificate of competency as a mine foreman.
Amended by Laws 1982, c. 296, § 8.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-3.1. Director of Department of Mines.

In the absence of an appointed Chief Mine Inspector, the Governor shall appoint a Director of the Department of Mines with the advice and consent of the Senate.
The Director of the Department of Mines shall assume the duties and responsibilities of the Chief Mine Inspector until said Chief Mine Inspector is so appointed.
Added by Laws 1985, c. 324, § 8, emerg. eff. July 29, 1985.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-5. Certificates - Contents - Fees.

Certifications required by this title shall be issued under the signature and seal of the Oklahoma Mining Commission. Such certificates shall bear the date of issuance, full name and age of the recipient and shall designate the position for which the recipient is certified by the Commission. Applications for certificates of competency shall be accompanied with the following fees:
1. Superintendent
$20.00
2. Mine foreman
15.00
3. Fire boss
10.00
4. Shot-firer
10.00
5. Certified surface blaster
10.00
6. Hoisting engineer
10.00
7. Practical miner
5.00
Amended by Laws 1982, c. 296, § 9; Laws 1985, c. 239, § 7, eff. Jan. 1, 1986.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-6. Secretary - Record of issue of certificates - Effect of certificates - Notice and list of names.

The Secretary of the Oklahoma Mining Commission shall make a record of the names and addresses of all persons to whom certificates are issued. Certificates of competency when issued as provided for herein, shall entitle the holders thereof to accept and discharge the duties for which said certificates declare them qualified.
The Director shall advise the Oklahoma Mining Commission as far in advance as possible the date and place of an examination to be held by the Department, and shall, as soon as examination is completed, furnish the Commission a list of the names of all persons who took the examination and persons successfully completing said examination shall be duly notified.
Amended by Laws 1985, c. 239, § 8, eff. Jan. 1, 1986.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-8. Temporary permits.

The Secretary of the Board may, upon the recommendation of at least two other members of the Board, issue a temporary permit to an applicant for a certificate for mine foreman, fire boss, shot firer or hoisting engineer. Said temporary permit shall be valid only until next meeting of the Board or not to exceed thirty-one (31) days.
Laws 1929, c. 251, p. 324, art. 1, § 8; Laws 1949, p. 294, § 7.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-9.1. Quarrying or mining with use of explosives near schools or churches prohibited - Exceptions.

It shall be unlawful for any person, firm or corporation, individually or in association with others, to establish, open up, commence or carry on any quarrying operation for stone or stone products wherein blasting is required, or to conduct any other quarrying operations for commercial or industrial purposes requiring the use of powder, dynamite, nitroglycerin or other explosives within a minimum distance established by rule or regulation adopted by the Chief Mine Inspector from any established school, church or other house of worship. This section shall not apply to underground mines or to any quarrying or mining plants already constructed or in actual operation before June 19, 1961.
Added by Laws 1961, p. 292, § 1. Amended by Laws 1982, c. 181, § 1, emerg. eff. April 20, 1982. Renumbered from § 1370 of Title 21 by Laws 1995, c. 344, § 35, eff. Nov. 1, 1995.
NOTE: Laws 1982, c. 127, § 1 repealed by Laws 1983, c. 31, § 1, emerg. eff. April 20, 1983.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-21.1. Mining districts.

It shall be the duty of the Chief Mine Inspector to create mining districts for the assistant mine inspectors to carry out their duties under the law. The boundaries of such districts shall be drawn so that the inspection of the mines insures the full compliance with laws related to the health and safety of miners and the reclamation of lands affected by surface mining.
Laws 1981, c. 121, § 2, emerg. eff. April 28, 1981.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-31. Chief Mine Inspector - Annual report to Governor.

On or before the first day of August of each year, the Chief Mine Inspector shall submit to the Governor a report on the various systems of mining practiced in the state, methods of mine ventilation, type of machinery employed, and such other matters as may pertain to the general welfare of the public, miners and others connected with mining.
Amended by Laws 1982, c. 296, § 10.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-33. Journal of inspections - Official communications - Equipment and material.

The Chief Mine Inspector shall keep in his office a journal or record of all inspections, examinations and work done under his administration, and a copy of all official communications and he is hereby authorized to procure, at the expense of the state, such apparatus, instruments and chemicals as may be found necessary for the proper discharge of his duties under this Act. The Legislature shall, from time to time, when necessary, appropriate such funds as may be necessary for the purchase of such equipment and material. All books, records, apparatus, instruments and chemicals pertaining to his office shall be the property of the state and shall be delivered by him to his successor in office and the same shall be exhibited to any and all interested persons at all reasonable times.
Laws 1929, c. 251, p. 325, art. 3, § 3.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-34. Office - Property of state.

The Chief Mine Inspector shall have an office at the seat of government in which he shall keep the maps and plans of all mines in the state and all records, correspondence, papers, apparatus and other property belonging to the state pertaining to his office. All such property shall be kept in accessible and convenient form, in a fire proof vault convenient to his office and furnished by the state, for reference by persons entitled to examine them. The Chief Mine Inspector shall not permit such maps, plans, records and papers to be removed from his office.
Laws 1929, c. 251, p. 326, art. 3, § 4.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-37. Withdrawal of person's from dangerous mine - Violations - Penalties.

The Chief Mine Inspector or assistant mine inspector is authorized to temporarily withdraw all persons from a dangerous mine or portion thereof. Any owner, operator, lessee or agent who impedes, hinders, or obstructs, either directly or indirectly, the Chief Mine Inspector or assistant mine inspector from carrying out duties required by this section, upon conviction, shall be guilty of a misdemeanor and shall be fined not more than Two Thousand Five Hundred Dollars ($2,500.00) or imprisoned in the county jail for not more than thirty (30) days, or both.
Any mine employee who neglects to comply with an order of the Chief Mine Inspector or assistant mine inspector temporarily withdrawing persons from the mine, upon conviction, shall be guilty of a misdemeanor and shall be fined not more than One Thousand Dollars ($1,000.00) or imprisoned in the county jail not more than thirty (30) days, or both.
Amended by Laws 1982, c. 296, § 11.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-40. Obstruction of inspectors - Penalty.

Every person who willfully obstructs the Chief Mine Inspector or district mine inspector, in the execution of his duties under this Act shall be guilty of a misdemeanor and upon conviction he shall be punished as hereinafter provided.
Laws 1929, c. 251, p. 328, art. 3, § 10.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-41. Disputes between operators and miners.

In case of dispute between operators and miners on the proper interpretation of rules, regulations, and laws in relation to 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 of Mines, the Chief Mine Inspector 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 mining 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.
In case operators or miners shall file formal written charges with the Department of Mines that any law or laws in relation to mining and subjects relating thereto and providing for the health and safety of persons employed therein have been violated, the Chief Mine Inspector shall call the parties involved before the Mining Board to hear the evidence for and the defense against said charges. By majority vote the charges are valid and true.
Laws 1965, c. 262, § 4, emerg. eff. June 23, 1965.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-43. Legal assistance.

The Chief Mine Inspector is hereby authorized to employ two (2) attorneys as needed, within the total employee limit authorized, on a full- or part-time basis, to advise the Chief Mine Inspector and other agency personnel on legal matters and to appear for and represent the Chief Mine Inspector in administrative hearings and other legal actions and procedures. Provided it shall continue to be the duty of the Attorney General to give his official opinion to the Chief Mine Inspector and to prosecute and defend actions therefore, if so requested.
Added by Laws 1982, c. 266, § 4, emerg. eff. May 14, 1982; Amended by Laws 1985, c. 324, § 5, emerg. eff. July 29, 1985.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-44. Special counsel in certain proceedings involving Attorney General.

If the Attorney General shall seek redress on behalf of the state as provided for in the Administrative Procedures Act, the Oklahoma Mining Commission is empowered to appoint a special counsel for such proceedings.
Added by Laws 1985, c. 239, § 10, eff. Jan. 1, 1986.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-45. Study of mining laws - Recommendations and proposed legislation.

In addition to its other powers, the Oklahoma Mining Commission is authorized and directed, within the limits of funds available to it, to engage in a continuing study of the mining laws of this state, and of changes therein required in order to carry out to the greatest practicable extent the policies, goals, objectives and recommendations of the Commission, and to make recommendations and prepare proposed legislation for such purposes. Such recommendations and proposed legislation shall, as they are completed, be filed with the President Pro Tempore of the Senate and the Speaker of the House of Representatives.
Added by Laws 1985, c. 239, § 11, eff. Jan. 1, 1986.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-46. Market study and sulfur emissions standards study - Recommendations.

The Oklahoma Mining Commission is authorized and directed, within the limits of funds available to it, to study ways to expand existing markets and create new markets for Oklahoma coal and other minerals, to study the impact of sulfur emission standards on burning of Oklahoma mined coal, and to make recommendations to the Governor and Legislature for such purposes in a current and updated report by February 1, 1988.
Added by Laws 1985, c. 239, § 12, eff. Jan. 1, 1986. Amended by Laws 1986, c. 119, § 1; Laws 1987, c. 208, § 88, operative July 1, 1987; Laws 1987, c. 236, § 93, emerg. eff. July 20, 1987.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-46.1. Acid mine drainage.

The Department of Environmental Quality, in cooperation with the Department of Mines is authorized and directed, within the limits of federal funds available to the Department of Environmental Quality or any funds available to the Department of Mines, to study ways to remediate acid mine drainage produced from abandoned coal mines within this state, which the Legislature hereby finds to be a significant water pollution and water quality problem. The Department of Environmental Quality and the Department of Mines shall evaluate existing projects among local, state and federal government agencies, and educational institutions, which address acid mine drainage.
Any local, state, and educational institution within this state implementing water quality projects which pertain to acid mine drainage shall coordinate and cooperate with the Department of Environmental Quality and the Department of Mines to implement the provisions of this section. The Department of Environmental Quality and the Department of Mines shall make every effort to obtain full cooperation and coordination from any federal agency which implements any project pertaining to acid mine drainage.
Added by Laws 1998, c. 351, § 1, emerg. eff. June 5, 1998.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-47. Funding of activities.

Funding for the Oklahoma Mining Commission's activities shall be derived from funds appropriated to the Department of Mines for operating expenses. Funds required for any third party studies called for by a majority vote of the Commission members shall come from contributions by the mining and related industries, public and foundations, as well as those funds made available by the Department of Mines.
Added by Laws 1985, c. 239, § 13, eff. Jan. 1, 1986.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-361. Terms defined.

When used in this title the following terms, unless otherwise defined, shall be construed to have the following meaning:
1. "Coal" means lignite, subbituminous, cannel, bituminous, semibituminous, semianthracite, anthracite and asphaltic minerals or other hydrocarbons recovered by mining.
2. "Mine" means a quarry, an underground or surface excavation and development with or without shafts, slopes, drifts or tunnels, for the extraction of coal or minerals, with hoisting or haulage equipment and appliances for the extraction of coal or minerals, and shall embrace any and all of the land or property of the mining plant, and the surface and underground, that contribute directly or indirectly to the mining properties, concentration or handling of coal or minerals.
3. "Minerals" means asphalt, clay, copper, granite, gravel, gypsum, lead, marble, salt, sand, shale, stone, tripoli, volcanic ash and zinc, or any other substance commonly recognized as a mineral and includes ores or rock containing any such substances but excludes oil, gas and any other mineral found naturally in a liquid or gaseous state.
Amended by Laws 1982, c. 296, § 12.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-411. Definitions.

The words defined in this section shall have the following meaning when found in this act, towit "mines" mean mines in the State of Oklahoma wherein lead, zinc or other metals are sought or produced. "Operator" means the person, individual or corporation charged with the responsibility of management and control of mining. "Mine Inspector" means the Chief Mining Inspector of this state and the deputy or assistant mining inspector provided by law for the district in which the mining operation is located, except where the context specifies the deputy or assistant mining inspector.
Laws 1929, c. 42, p. 45, § 1.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-412. Mine inspectors - Duties.

The Mine Inspector of said mines in addition to other duties and powers herein conferred, shall be and he is hereby authorized, empowered and directed to examine carefully all places and conditions where employees work in said mines. Where said Mine Inspector finds a condition existing in any of said mines either on the surface or underground, which makes the said mine a dangerous, unsafe or unusually unhealthful place for employees to work he shall, subject to the right of review hereinafter provided, serve notice in writing on the operator of said mine so affected, specifying in detail the things to be done to correct such condition making said mine a dangerous, unsafe or unusually unhealthful place for employees to work. This notice shall specify the time in which such required acts shall be done by the operator of said mine. A failure or refusal of said operator to correct the condition existing in said mine as set forth in the written notice of said Mine Inspector or as modified on review in accordance with the further provisions of this act shall be a misdemeanor and punished as hereinafter provided.
Laws 1929, c. 42, p. 46, § 2.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-413. Mine inspector to require compliance with act.

It shall be the duty of the Mine Inspector of said mines to see that the provisions of this act are complied with and to require the operators of said mines to meet the requirements of this act. His demands shall at all times be in writing delivered to the operator and specifying therein the things or acts to be done.
Laws 1929, c. 42, p. 46, § 3.
2023 Oklahoma Statutes › Title 45. Mines and Mining › §45-414. Examination and inspection of mines - Time and manner.

It shall be the duty of the Mine Inspector from time to time to enter and examine any and all said mines in the State of Oklahoma and to inspect any and all machinery and equipment used in connection therewith, either underground or on the surface and including any mill, concentrating plant or tailing mill used in preparation of the product for market. And the operator shall at all reasonable times, while in operation, upon request furnish necessary facilities for such entry and examination. Such inspection shall be done at a time and in a manner so as not to obstruct or hinder the operation of said mine or mines except that in case of emergency where the life or safety of employees is in imminent peril, the Inspector shall make immediate examination and it shall in such case of emergency be the duty of the operator upon request of the Inspector to furnish the use of any installed equipment for his assistance in making said examination. A failure of said operator to perform any duty imposed in this section shall be a misdemeanor and be punished as such as hereinafter provided.
Laws 1929, c. 42, p. 46, § 4.