reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-514. Technical specialists

The Director may appoint technical specialists in the areas of roof control, electricity, ventilation, and other mine specialties. Each technical specialist shall have all the qualifications of a mine inspector plus the specialized knowledge required in his field. A technical specialist shall advise the Director and mine operators in the areas of his specialty and shall have the power of an inspector to issue a closure order only in a case of imminent danger.
Code 1950, §§ 45-4, 45-5, 45-6; 1954, c. 191; 1966, c. 594, § 45.1-4; 1972, c. 784; 1978, cc. 120, 727; 1981, c. 32; 1984, cc. 184, 337, 590; 1987, Sp. Sess., c. 1; 1994, c. 28, § 45.1-161.23; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-515. Board of Coal Mining Examiners; purpose

The Board of Coal Mining Examiners (the Board) is established as a policy board in the executive branch of state government. The purpose of the Board is to issue certificates authorizing the performance of certain tasks.
Code 1950, §§ 45-1 through 45-3; 1954, c. 191; 1966, c. 594, § 45.1-3; 1984, c. 590; 1994, c. 28, § 45.1-161.15; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-516. Board membership; terms; meetings

A. The Board of Coal Mining Examiners shall have a total membership of five members that shall consist of four nonlegislative citizen members and one ex officio member. The four nonlegislative citizen members shall be appointed by the Governor as follows: one who is a miner who holds a first-class mine foreman's certificate with at least five years of experience in underground coal mining and who is employed at an underground coal mine in the Commonwealth in a nonmanagerial, nonsupervisory capacity at the time of appointment; one who is a miner with at least five years of experience in surface coal mining and is employed at a surface coal mine in the Commonwealth in a nonmanagerial, nonsupervisory capacity at the time of appointment; one who holds a first-class mine foreman's certificate with at least five years of experience in the operation of underground coal mines and is (i) an operator of an underground coal mine, (ii) an officer or director of a corporation operating an underground coal mine, (iii) a general partner of a partnership operating an underground coal mine, or (iv) an employee in a managerial or supervisory capacity of an operator of an underground coal mine in the Commonwealth at the time of appointment; and one who has at least five years of experience in the operation of surface coal mines and is (a) an operator of a surface coal mine, (b) an officer or director of a corporation operating a surface coal mine, (c) a general partner of a partnership operating a surface coal mine, or (d) an employee in a managerial or supervisory capacity of an operator of a surface coal mine in the Commonwealth at the time of appointment. Nonlegislative citizen members of the Board shall be residents of the Commonwealth. The Chief or his designee shall serve ex officio with voting privileges.
B. Members of the Board shall be appointed for terms of four years. The Chief shall serve a term coincident with his term of office. Vacancies occurring on the Board among appointed members shall be filled by the Governor for the unexpired term. All members may be reappointed.
C. The Chief shall serve as chairman of the Board.
D. The Board shall meet at least once a year and shall be called by the Chief to meet at such other times as he deems necessary. The Board shall meet at a place and at times as designated by the Chief and the Board shall remain in session until its work is completed, but no one session of the Board shall continue more than three days.
Code 1950, §§ 45-18 to 45-21, 45-26; 1954, c. 191; 1960, c. 61; 1966, c. 594, §§ 45.1-7, 45.1-10; 1978, cc. 120, 729; 1980, c. 728; 1984, c. 590, § 45.1-7; 1994, c. 28, §§ 45.1-161.24, 45.1-161.25; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-517. Board compensation; expenses

Nonlegislative citizen members of the Board of Coal Mining Examiners shall receive such compensation for the performance of their duties as provided in § 2.2-2813. All such nonlegislative citizen members shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825. Funding for the costs of compensation and expenses of such members shall be provided by the Coal Mining Examiners' Fund established in § 45.2-523.
Code 1950, § 45-26; 1954, c. 191; 1960, c. 61; 1966, c. 594, § 45.1-10; 1978, c. 120; 1980, c. 728; 1994, c. 28, § 45.1-161.25; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-518. Records of the Board

The Chief shall preserve in his office a record of the meetings and transactions of the Board of Coal Mining Examiners and of all certificates issued by the Board.
Code 1950, § 45-27; 1954, c. 191; 1966, c. 594, § 45.1-11; 1994, c. 28, § 45.1-161.26; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-519. Nominations for the Board

Nominations for appointments to the Board of Coal Mining Examiners may be submitted to the Governor by the Director and each organization of coal miners and coal industry interests in the Commonwealth. Nominations are to be made to the Governor by June 1 of the year in which the terms of appointments of members expire. In no case shall the Governor be bound to make any appointment from the nominations submitted.
Code 1950, §§ 45-4, 45-5, 45-6; 1954, c. 191; 1966, c. 594, § 45.1-4; 1972, c. 784; 1978, cc. 120, 727; 1981, c. 32; 1984, cc. 184, 337, 590; 1987, Sp. Sess., c. 1; 1994, c. 28, § 45.1-161.19; 1997, c. 390; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-520. Certification of certain persons employed in coal mines; powers and duties of the Board

A. The Board of Coal Mining Examiners may require certification of persons who work in coal mines and persons whose duties and responsibilities in relation to coal mining require competency, skill, or knowledge in order to perform in a manner consistent with the preservation of the health and safety of persons and property. Each of the following certificates shall be issued by the Board, and a person who holds such a certificate is authorized to perform the tasks that the Act or any regulation adopted by the Board or by the Department requires to be performed by such certified person:
1. First-class mine foreman;
2. First-class shaft or slope foreman;
3. Surface foreman;
4. Preparation plant foreman;
5. Electrical maintenance foreman;
6. Dock foreman;
7. Top person;
8. Underground shot firer;
9. Surface blaster;
10. Hoisting engineer;
11. Electrical repairman;
12. Automatic elevator operator;
13. Mine inspector;
14. Qualified gas detector;
15. Diesel engine mechanic;
16. Diesel engine mechanic instructor;
17. First aid instructor;
18. Advanced first aid;
19. Chief electrician; and
20. General coal miner.
B. Certification shall also be required for any additional tasks that the Board requires by regulation.
C. The Board may adopt regulations necessary or incidental to the performance of duties or the execution of powers conferred under this title. Such regulations shall be adopted in accordance with the provisions of Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act.
D. The Board may adopt regulations regarding on-site examinations of mine foremen conducted by mine inspectors pursuant to § 45.2-528.
Code 1950, §§ 45-23, 45-28, 45-31, 45-33.1; 1954, c. 191; 1966, c. 594, §§ 45.1-12, 45.1-14; 1972, c. 784; 1978, c. 729; 1980, c. 442; 1984, c. 237; 1993, c. 442; 1994, c. 28, § 45.1-161.28; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-521. Examinations required for Coal Mining Certifications

A. The Board of Coal Mining Examiners may require the examination of an applicant for certification; however, the Board shall require the examination of an applicant for the mine inspector certification. The Board may require other information from each applicant as necessary to ascertain competency and qualifications for each task. Except as specifically provided by the Act, the Board shall prescribe the qualifications for any certification. The examinations shall be conducted under regulations that the Board shall adopt. Such regulations, when adopted, shall (i) be made a part of the permanent record of the Board, (ii) be periodically published, and (iii) be of uniform application to all applicants.
B. Any certificate issued by the Board shall be valid from the date of issuance unless and until it has been suspended pursuant to § 45.2-527 or revoked by the Board pursuant to § 45.2-528.
Code 1950, §§ 45-23, 45-28; 1954, c. 191; 1966, c. 594, § 45.1-12; 1972, c. 784; 1978, c. 729; 1980, c. 442; 1984, c. 237; 1994, c. 28, § 45.1-161.29; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-522. Performance of certain tasks by uncertified persons; penalty

It is unlawful for any person to perform any task requiring certification by the Board of Coal Mining Examiners unless he has been certified. It is also unlawful for an operator or his agent to permit any uncertified person to perform such task. A violation of this section constitutes a Class 1 misdemeanor. Each day of operation without a required certification constitutes a separate offense.
1972, c. 784, § 45.1-12.1; 1994, c. 28, § 45.1-161.30; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-523. Coal Mining Examiners' Fund

There is hereby created in the state treasury a special nonreverting fund to be known as the Coal Mining Examiners' Fund, referred to in this section as "the Fund." The Fund shall be established on the books of the Comptroller. All fees collected pursuant to § 45.2-524, together with moneys collected pursuant to §§ 45.2-525 and 45.2-526, shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes of covering the costs of administering the miner certification, the cost of printing certificates and other necessary forms, and the incidental expenses incurred by the Board in conducting examinations, reviewing examination papers, and conducting its other duties pursuant to this article. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Chief. The Chief shall keep accounts and records concerning the receipts and expenditures of the Fund as required by the Auditor of Public Accounts.
Code 1950, §§ 45-24, 45-25; 1954, c. 191; 1966, c. 594, §§ 45.1-8, 45.1-9; 1972, c. 440; 1978, c. 120; 1984, c. 590; 1994, c. 28, § 45.1-161.31; 1996, c. 774; 2007, cc. 894, 914; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-524. Examination fees

A reasonable fee in an amount set by the Board of Coal Mining Examiners, not to exceed $50, shall be paid to the Chief by each person examined before the commencement of the examination. Fees collected shall be deposited in the Coal Mining Examiners' Fund created by § 45.2-523.
Code 1950, §§ 45-24, 45-25; 1954, c. 191; 1966, c. 594, §§ 45.1-8, 45.1-9; 1972, c. 440; 1978, c. 120; 1984, c. 590; 1994, c. 28, § 45.1-161.31; 1996, c. 774; 2007, cc. 894, 914; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-525. Replacement of lost or destroyed certificates

If any certificate issued by the Board of Coal Mining Examiners is lost or destroyed, the Chief may supply a copy such certificate to the person to whom it was issued, upon the payment of a reasonable fee in an amount set by the Board not to exceed $10, so long as it has been established to his satisfaction that the loss or destruction actually occurred and that the person seeking such copy was the holder of such certificate.
Code 1950, §§ 45-29, 45-31; 1954, c. 191; 1966, c. 594, § 45.1-13; 1978, c. 729; 1994, c. 28, § 45.1-161.32; 1999, c. 256; 2007, cc. 894, 914; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-526. Reciprocal acceptances of other certifications

A. In lieu of conducting an examination prescribed by law or regulation, the Board of Coal Mining Examiners may issue to any person holding a certificate issued by another state a certificate permitting him to perform similar tasks in the Commonwealth, so long as (i) the Board finds that the requirements for certification in such state are substantially equivalent to those of the Commonwealth and (ii) holders of certificates issued by the Board are permitted to perform similar tasks in such state, and obtain similar certification from such state if required, upon presentation of the certificate issued by the Board and without additional testing, training, or other requirements not directly related to program administration.
B. If the issuing authority in another state has revoked or suspended a certificate of a person who holds a similar Virginia certificate issued pursuant to this section, the person shall notify the Chief of such action by the other state within 10 days of such action. The Chief shall schedule a hearing of the Board to determine whether his Virginia certificate shall be revoked or suspended.
Code 1950, §§ 45-31, 45-33.1; 1954, c. 191; 1966, c. 594, § 45.1-14; 1972, c. 784; 1993, c. 442; 1994, c. 28, § 45.1-161.33; 2005, c. 3; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-527. Continuing education requirements

A. The Board of Coal Mining Examiners shall adopt regulations establishing requirements for programs of continuing education for holders of certificates. The Board shall establish (i) the content and amount of continuing education to be required for maintaining certification, (ii) parameters for the content of continuing education programs, (iii) procedures for approving continuing education programs and sponsors, (iv) distribution to holders of certificates of appropriate information regarding continuing education requirements, (v) provisions allowing surplus hours of continuing education to be carried forward from one period to meet the requirements for the next period, (vi) procedures for determining compliance with continuing education requirements, (vii) requirements for a certificate holder to provide the Board with his current address and such further administrative information as may be reasonable, and (viii) the length of time a certificate may be suspended for failure to comply with continuing education requirements before such certificate shall be revoked. The Board may also establish by regulation a fee to recover the reasonable costs of reissuing certificates or otherwise ascertaining that the requirements of this section have been satisfied.
B. A certificate issued by the Board of Coal Mining Examiners shall be suspended if the holder fails to comply with the continuing education requirements established by the Board. The suspension shall be vacated upon compliance with the continuing education requirements. However, if the holder of a certificate does not comply with the continuing education requirements within the period of time established by the Board, the certificate shall be revoked.
1994, c. 28, § 45.1-161.34; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-529. Reexamination

The holder of a certificate revoked pursuant to § 45.2-528 shall be entitled to examination by the Board of Coal Mining Examiners after three months have elapsed from the date of revocation of the certificate if he can prove to the satisfaction of the Board that the cause for revocation of his certificate has ceased to exist. However, no person convicted of violating § 45.2-848 or 45.2-849, subsection A of § 45.2-856, or § 45.2-857 shall be eligible for examination for a period of not less than one year nor more than three years following such conviction, such period to be set by the Board in its discretion at the time of revocation of the certificate.
Code 1950, §§ 45-29, 45-31; 1954, c. 191; 1966, c. 594, § 45.1-13; 1978, c. 729; 1994, c. 28, § 45.1-161.36; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-530. General coal miner certification

A. Every person working in a coal mine in the Commonwealth shall hold a general coal miner certificate issued by the Board of Coal Mining Examiners. The Board of Coal Mining Examiners shall issue a general coal miner certificate upon submittal of a complete application.
B. Each applicant for a general coal miner certificate who has not been employed to work in a Virginia coal mine prior to January 1, 1996, shall prove to the Board that he has knowledge of first aid practices and has a general working knowledge of the provisions of the Act, and applicable regulations, pertaining to coal mining health and safety. Each applicant shall have completed the miner training requirements of 30 C.F.R. Part 48 or submit proof of at least one year of experience in a coal mine prior to issuance of the general coal miner certificate.
1994, c. 28, § 45.1-161.37; 2005, c. 3; 2007, cc. 894, 914; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-531. First-class mine foreman certification

A. The operator of any coal mine where three or more persons work during any part of a 24-hour period shall employ a mine foreman. The operator shall employ as a mine foreman only a person holding a first-class mine foreman certificate. The holder of such certificate shall present the certificate, or a copy thereof, to the operator where he is employed. Such operator shall file the certificate or its copy in the office at the mine and make it available for inspection by interested persons.
B. The holder of a first-class mine foreman certificate shall be authorized to act as foreman for any underground coal mine.
C. An applicant for a first-class mine foreman certificate shall be at least 23 years of age and shall have had at least five years of experience in a coal mine, at least three years of which shall have been in an underground coal mine. A graduate of an approved course in mining engineering at a baccalaureate institution of higher education shall be given credit for three of the five years of practical experience required. An applicant who possesses a degree in mining technology shall be given credit for two of the five years of practical experience required. If the applicant meets the above requirements, makes 85 percent or more on each of the subjects of the written examination, and passes required map and gas examinations, he shall be entitled to a first-class mine foreman certificate. The written examination shall address, among other relevant topics, the theory and practice of coal mining; the nature and properties of noxious, poisonous, and explosive gases and methods for their detection and control; the requirements of the coal mining laws of the Commonwealth, including regulations adopted by the Department or the Board of Coal Mining Examiners; and the responsibilities and duties of a mine foreman under state law.
D. Each candidate for certification as a first-class mine foreman shall complete the course or courses of instruction in first aid as provided in subsection A of § 45.2-579 and pass an examination relating thereto, approved by the Board of Coal Mining Examiners.
Code 1950, §§ 45-7, 45-12, 45-29, 45-30, 45-31, 45-33.1, 45-68.4, 45-69, 45-73, 45-75, 45-78, 45-79, 45-81, 45-83; 1950, p. 156; 1954, c. 191; 1966, c. 594, §§ 45.1-13 to 45.1-15, 45.1-21, 45.1-101.2; 1972, c. 784; 1974, c. 686; 1976, c. 598; 1977, c. 679; 1978, cc. 94, 222, 489, 729; 1982, c. 255; 1984, cc. 178, 590; 1988, c. 577; 1993, cc. 171, 442; 1994, c. 28, § 45.1-161.38; 1997, c. 274; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-532. Surface foreman certification

A. An applicant for a surface foreman certificate shall be at least 23 years of age and have had at least five years of experience in a coal mine, at least three years of which shall have been in a surface coal mine. A graduate of an approved course in mining engineering at a baccalaureate institution of higher education shall be given credit for three of the five years of practical experience required. An applicant who possesses a degree in mining technology shall be given credit for two of the five years of required practical experience. Each applicant shall demonstrate to the Board of Coal Mining Examiners a thorough knowledge of the theory and practice of surface coal mining by making 85 percent or more on the written examination. In addition, each applicant shall pass the examination in gas detection. The holder of a surface foreman certificate issued by the Board shall be authorized to act as surface foreman at any surface coal mine.
B. Each candidate for certification as a surface foreman shall complete, at a minimum, a 24-hour course of instruction in advanced first aid taught by a certified advanced first aid instructor in accordance with subsection A of § 45.2-579 and pass an examination relating thereto approved by the Board. No course or examination shall be required of a candidate holding a current higher level of emergency medical certification from the State Department of Health.
Code 1950, §§ 45-23, 45-28; 1954, c. 191; 1966, c. 594, § 45.1-12; 1972, c. 784; 1978, c. 729; 1980, c. 442; 1984, c. 237; 1994, c. 28, § 45.1-161.39; 2007, cc. 894, 914; 2010, cc. 809, 857; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-533. Chief electrician certification

Each applicant for a chief electrician certificate shall demonstrate to the Board of Coal Mining Examiners by written and oral examination that he has a thorough knowledge of the theory and practice of electricity that pertains to coal mining. In addition, each applicant shall pass the examinations in first aid and gas detection. The holder of a chief electrician certificate issued by the Board may act as chief electrician in any coal mine.
Code 1950, §§ 45-23, 45-28; 1954, c. 191; 1966, c. 594, § 45.1-12; 1972, c. 784; 1978, c. 729; 1980, c. 442; 1984, c. 237; 1994, c. 28, § 45.1-161.40; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-534. Top person certification

Each applicant for a top person certificate shall demonstrate to the Board of Coal Mining Examiners by written and oral examination that he has a thorough knowledge of the theory and practice of shaft and slope mine construction. In addition, each applicant shall pass the examinations in first aid and gas detection. The holder of a top person certificate issued by the Board may act as top person in any coal mine.
1980, c. 442, § 45.1-20.1; 1994, c. 28, § 45.1-161.41; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-535. License required for operation of a coal mine; term

A. No person shall engage in the operation of any coal mine within the Commonwealth without first obtaining a license for the operation of a coal mine from the Department. A license for the operation of a coal mine shall be required prior to commencement of the operation of a mine. A separate license is required for each mine operated. Licenses shall be in a form that the Director prescribes. The license shall be posted in a conspicuous place near the main entrance to the mine. The license shall not be transferable, and every change in ownership of a mine shall be reported to the Department as provided in subsection B of § 45.2-540.
B. Each license for the operation of a coal mine shall be valid for a period of no more than one year following the date of issuance. License renewal shall be obtained annually by the anniversary of the date of issuance.
C. Each application for a license for the operation of a coal mine or a renewal or transfer of a license for the operation of a coal mine shall be submitted to the Department accompanied by a fee, payable to the State Treasurer, of $350.
Code 1950, §§ 45-17.1, 45-17.2; 1958, c. 306; 1966, c. 594, §§ 45.1-22, 45.1-23; 1972, c. 235; 1978, c. 489; 1983, c. 356; 1984, c. 590; 1988, c. 577; 1994, c. 28, §§ 45.1-161.57, 45.1-161.58; 1996, c. 774; 1997, c. 390; 1999, c. 256; 2003, cc. 542, 550; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-536. Coal Mine Operator License Fund

There is hereby created in the state treasury a special nonreverting fund to be known as the Coal Mine Operator License Fund, referred to in this section as "the Fund." The Fund shall be established on the books of the Comptroller. All fees collected pursuant to the provisions of subsection C of § 45.2-535 shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes of purchasing or commissioning safety equipment, safety training, safety education, or any expenditure to further the safety program in the mining industry. All expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director.
Code 1950, § 45-17.2; 1958, c. 306; 1966, c. 594, § 45.1-23; 1972, c. 235; 1978, c. 489; 1983, c. 356; 1984, c. 590; 1994, c. 28; 1999, c. 256; 2003, cc. 542, 550, § 45.1-161.58; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-538. Denial or revocation of license for the operation of a coal mine

A. The Chief may revoke a license for the operation of a coal mine or deny an application for the issuance of a license for the operation of a coal mine upon determining that the applicant, the operator, or the operator's agent has committed violations of the mine safety laws of the Commonwealth, including regulations adopted by the Department or the Board of Coal Mining Examiners, that demonstrate a pattern of willful violations resulting in an imminent danger to miners.
B. The Chief may revoke every license issued to any person for the operation of a coal mine and may deny every application by a person for the issuance of a license for the operation of a coal mine who has been convicted of knowingly permitting a miner to work in an underground coal mine where a methane monitor or other device capable of detecting the presence of explosive gases was impaired, disturbed, disconnected, bypassed, or otherwise tampered with in violation of § 45.2-849.
C. The Chief may revoke every license issued to any person for the operation of a coal mine and may deny every application by a person for the issuance of a license for the operation of a coal mine who has been convicted of violating subsection A of § 45.2-856 or 45.2-857.
D. Any person whose license application is denied or whose license is revoked pursuant to subsection A, B, or C may bring a civil action in the circuit court of the city or county in which the mine is located for review of the decision. The commencement of such proceeding shall not, unless specifically ordered by the court, operate as a stay of the decision. The court shall promptly hear and determine the matters raised by the aggrieved party. In any such action, the court shall receive the records of the Department with respect to the determination and shall receive additional evidence at the request of any party. The court, basing its decision on the preponderance of the evidence, shall grant relief that the court determines appropriate.
1993, c. 247, § 45.1-22.1, c. 389, § 45.1-98.4; 1994, c. 28, § 45.1-161.60; 1997, c. 390; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-539. Operating without license; penalty

A. In addition to any other power conferred by law, the Chief or his designated representative may issue an order closing any coal mine that is operating without a license. The procedure for issuing a closure order shall be as provided in § 45.2-569.
B. Any person operating an unlicensed mine is guilty of a Class 3 misdemeanor. Each day any person operates an unlicensed mine shall constitute a separate offense.
Code 1950, § 45-17.4; 1958, c. 306; 1966, c. 594, § 45.1-25; 1978, c. 489; 1994, c. 28, § 45.1-161.61; 1997, c. 390; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-540. Annual reports; condition to issuance of license following transfer of ownership

A. The operator of each mine or his agent shall annually, by February 15, mail or deliver to the Department a report for the preceding 12 months ending with December 31. Such report shall state (i) the names of the operator, any agent, and any officers of the mine; (ii) the amount of coal mined; and (iii) other information, not of a private nature, that from time to time is required by the Department on forms furnished or approved by the Department.
B. Whenever the owner of a mine transfers the ownership of such mine to another person, the person transferring such ownership shall submit a report to the Department of such change and a statement of the tons of coal produced since the January 1 previous to the date of such sale or transfer of such mine. A license shall not be issued covering such transfer of ownership until the report is furnished.
C. The operator of each coal mine or his agent shall annually, by February 15, mail or deliver to the Department (i) an affidavit, certified by the commissioner of the revenue of the locality in which the coal mining operations are conducted, stating that all local coal severance taxes enacted pursuant to §§ 58.1-3703, 58.1-3712, 58.1-3713, and 58.1-3741 due with respect to the coal mining operations have been paid and (ii) an affidavit, certified by the Treasurer of the locality in which the coal mining operations are conducted, stating that all personal property, real estate, and mineral land taxes due with respect to coal mining operations have been paid.
Code 1950, §§ 45-7, 45-12, 45-68.4, 45-69, 45-73, 45-75, 45-78, 45-79, 45-81, 45-83; 1950, p. 156; 1954, c. 191; 1966, c. 594, § 45.1-21; 1976, c. 598; 1978, cc. 222, 489; 1982, c. 255; 1984, cc. 178, 590; 1988, c. 577; 1993, cc. 171, 442; 1994, c. 28, § 45.1-161.62; 1996, c. 774; 1997, c. 390; 2013, cc. 305, 618; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-541. Discontinuance of the working of a mine; notices to Department; resumption of mining following discontinuance

A. The operator or his agent shall send notice of his intent to discontinue the working of an underground coal mine for a period of 30 days or a surface mine for a period of 60 days to the Department at least 10 days prior to discontinuing the working of a mine with such intent or at any time a mine becomes an inactive mine. Unless examinations of the mine are being conducted during the period of discontinued use, all surface openings to the discontinued underground coal mine shall be secured against unauthorized entrance when the activities are discontinued for 30 days or longer. Danger signs shall be posted at each secured entrance.
B. The operator or his agent shall send to the Department 10 days' prior notice of intent to resume the working of an inactive mine. The production of coal at such mine shall not resume until a mine inspector has inspected and approved it for resumption of production activities.
C. Emergency actions necessary to preserve a mine may be undertaken without the prior notice of intent and advance inspection required by subsection B. In such event, a mine foreman shall examine a mine for hazardous conditions immediately before miners are permitted to work. The operator or his agent shall notify the Department as soon as possible after commencing emergency action necessary to preserve the mine.
D. The operator or his agent shall send to the Department 10 days' prior notice of any change in the name of a mine or in the name of the operator of a mine.
E. The operator or his agent shall send to the Department 10 days' prior notice of the opening of a new mine.
F. Any notice required by this section shall be in writing and shall include the name of the mine, the location of the mine, the name of the operator, and the operator's mailing address and email address.
Code 1950, §§ 45-7, 45-12, 45-68.4, 45-69, 45-73, 45-75, 45-78, 45-79, 45-81, 45-83; 1950, p. 156; 1954, c. 191; 1966, c. 594, § 45.1-21; 1976, c. 598; 1978, cc. 222, 489; 1982, c. 255; 1984, cc. 178, 590; 1988, c. 577; 1993, cc. 171, 442; 1994, c. 28, § 45.1-161.63; 1996, c. 774; 1997, c. 390; 1999, c. 256; 2005, c. 3; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-543. When the Chief may cause maps to be made; payment by operator

A. If the operator of any mine or his agent neglects or fails to furnish to the Chief a copy of any map or extension thereof, as provided in § 45.2-542, the Chief may cause a correct survey and map of such mine, or extension of the map, to be made at the expense of the operator of the mine, the cost of which shall be recovered from the operator as other debts are recoverable by a civil action at law.
B. If at any time the Chief has reason to believe that a map or extension thereof furnished pursuant to § 45.2-542 is substantially incorrect or will not serve the purpose for which it is intended, he may have a survey and map or extension thereof made or corrected. The expense of making such survey and map or extension thereof shall be paid by the operator. The expense shall be recovered from the operator, as other debts are recoverable by a civil action at law. However, if the map filed by the operator is found to be substantially correct, the expense shall be paid by the Commonwealth.
Code 1950, § 45-11; 1954, c. 191; 1966, c. 594, § 45.1-28; 1994, c. 28, § 45.1-161.65; 1999, c. 256; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-544. Making false statements; penalty

A. It is unlawful for any person charged with the making of maps or other data to be furnished as provided in the Act to fail to correctly show, within the limits of error, the data required.
B. Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under the Act is guilty of a Class 1 misdemeanor.
Code 1950, § 45-17; 1954, c. 191; 1966, c. 594, § 45.1-105; 1975, c. 520; 1978, c. 118; 1980, c. 388; 1994, c. 28, § 45.1-161.66; 1999, c. 256; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-545. Mine rescue and first aid stations

The Director may purchase, equip, and operate for the use of the Department mine rescue and first aid stations as he determines necessary for the adequate provision of mine rescue and recovery services at all mines in the Commonwealth.
1975, c. 432, § 45.1-33.1; 1984, c. 590; 1994, c. 28, § 45.1-161.67; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-546. Mine rescue teams

The Director may have trained and employed at the mine rescue and first aid stations operated by the Department mine rescue teams as he determines necessary. Each member of a mine rescue team shall devote four hours each month for training purposes and shall be available at all times to assist in rescue work. Members shall receive compensation for services at a rate set by the Director, to be determined annually based on prevailing wage rates within the industry. For the purposes of workers' compensation coverage during training periods, such team members shall be deemed to be within the scope of their regular employment. The Director shall certify to the Comptroller of the Commonwealth that such team members have performed the required service. Upon such certification, the Comptroller shall issue a warrant upon the state treasury for their compensation. The Director may remove any team member at any time.
1975, c. 432, § 45.1-33.1; 1984, c. 590; 1994, c. 28, § 45.1-161.68; 1996, c. 774; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-547. Duty to train teams

It is the duty and responsibility of the Department to see that every team is properly trained by a qualified instructor of the Department or other person who has a certificate of training from the Department or MSHA.
1975, c. 432, § 45.1-33.2; 1984, c. 590; 1994, c. 28, § 45.1-161.69; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-548. Qualification for team membership; direction of teams

A. To qualify for membership in a mine rescue team, an applicant shall be an experienced miner and shall pass a physical examination by a licensed physician, physician assistant, or licensed advanced practice registered nurse at least annually. A record that such examination was taken shall be kept on file by the operator who employs the team member and a copy shall be furnished to the Director.
B. All rescue or recovery work performed by mine rescue teams shall be under the jurisdiction of the Department. The Department shall consult with company officials, representatives of MSHA, and representatives of the miners and all shall be in agreement as far as possible on the proper procedure for rescue and recovery; however, the Chief in his discretion may take full responsibility in directing such work. Procedures for use of apparatus or equipment shall be guided by the manuals for the mine rescue apparatus or auxiliary equipment.
1975, c. 432, § 45.1-33.3; 1984, c. 590; 1994, c. 28, § 45.1-161.70; 1999, c. 256; 2004, c. 855; 2006, c. 396; 2021, Sp. Sess. I, c. 387; 2023, c. 183.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-549. Team members to be considered employees of the mine where emergency exists; compensation; workers' compensation

When engaged in rescue or recovery work during an emergency at a mine, all team members assigned to the work shall be considered, during the period of their work, employees of the mine where the emergency exists and shall be compensated by the operator at the rate established in the area for such work. In no event shall the rate be less than the prevailing wage rate in the industry for the most skilled class of inside mine labor. During the period of their emergency employment, all team members shall be deemed to be within the employment of the operator of the mine for the purpose of workers' compensation coverage.
1975, c. 432, § 45.1-33.4; 1994, c. 28, § 45.1-161.71; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-550. Requirements of recovery work

A. During recovery work and prior to entering any mine, every mine rescue team conducting recovery work shall be properly informed of existing conditions by the operator or his agent in charge.
B. Each mine rescue team performing rescue or recovery work with breathing apparatus shall be provided with a backup team of equal strength stationed at each fresh air base.
C. For every two teams performing work underground, one six-member team shall be stationed at the mine portal.
D. Two-way communication, life lines, or their equivalent shall be provided by the fresh air base to each team, and no team member shall be permitted to advance beyond such communication system.
E. A mine rescue team shall immediately return to the fresh air base if any team member's breathing apparatus malfunctions or the low-oxygen alarm activates.
F. The Director may also assign rescue and recovery work to inspectors, instructors, or other qualified employees of the Department as the Director determines desirable.
1975, c. 432, § 45.1-33.5; 1984, c. 590; 1994, c. 28, § 45.1-161.72; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-551. State-designated mine rescue teams

The Director may, upon the request of an operator or agent who employs a mine rescue team, designate two or more mine rescue teams as "state-designated mine rescue teams." Any team that is certified as a mine rescue team by MSHA under 30 C.F.R. Part 49 shall be eligible to be a state-designated mine rescue team. Following the designation of any such teams, the Director shall, upon the payment to the Department of an annual fee set by the Director based on current costs for maintaining mine rescue stations and personnel, assign two or more state-designated mine rescue teams to the operator. An operator who has paid the rescue fee is entitled to the rescue services of a state-designated mine rescue team at no additional charge.
1985, c. 496, § 45.1-33.5:1; 1994, c. 28, § 45.1-161.73; 1996, c. 774; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-552. Mine Rescue Fund

The Mine Rescue Fund, referred to in this section as "the Fund," is hereby created as a special nonreverting fund in the state treasury. The Fund shall be established on the books of the Comptroller. All moneys collected from operators pursuant to agreements entered into by the Director shall be paid into the state treasury and credited to the Fund. Moneys in the Fund shall be used only for mine rescue services under such agreements. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund.
1985, c. 496, § 45.1-33.5:2; 1994, c. 28, § 45.1-161.74; 2011, cc. 826, 862; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-553. Inspections; Mine Rescue Coordinator

A. The Director shall (i) inspect, or cause to be inspected, the rescue station of each state-designated mine rescue team four times each year; (ii) ensure that all rescue stations are adequately equipped; and (iii) ensure that all team members are adequately trained.
B. The Director shall designate an employee of the Department as the Mine Rescue Coordinator, who shall perform the duties assigned to him by the Director.
1985, c. 496, § 45.1-33.5:3; 1994, c. 28, § 45.1-161.75; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-554. Workers' compensation; liability

A. For the purpose of workers' compensation coverage, during any mine disaster to which a state-designated mine rescue team responds under the provisions of this article or during any training exercise for a state-designated mine rescue team, members of the state-designated team shall be deemed to be within the employment of the operator of the mine at which the disaster occurred or the training exercise is conducted. Additionally, for purposes of workers' compensation coverage, travel by members of a state-designated mine rescue team to and from the mine disaster or training exercise shall be deemed to be within the employment of the operator of the mine at which the disaster occurred or the training exercise is conducted.
B. No member of a state-designated mine rescue team engaging in rescue work at a mine shall be liable for civil damages for acts or omissions resulting from the rendering of such rescue work unless the act or omission was the result of gross negligence or willful misconduct.
C. No operator providing personnel to a state-designated mine rescue team to engage in rescue work at a mine not owned or operated by the operator shall be liable for any civil damages for acts or omissions resulting from the rendering of such rescue work.
1985, c. 496, § 45.1-33.5:4; 1994, c. 28, § 45.1-161.76; 2007, cc. 894, 914; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-555. Reports of explosions and mine fires; procedure

A. If an explosion or mine fire occurs in a mine, the operator shall notify the Department by the quickest available means. All facilities of the mine shall be made available for rescue and recovery operations and firefighting.
B. No work other than rescue and recovery work and firefighting shall be attempted unless authorized by the Department.
C. If an explosion occurs in an underground coal mine, the fan shall not be reversed except by authority of the officials in charge of rescue and recovery work, and then only after a study of the effect of reversing the fan on any person who may have survived the explosion and is still underground.
D. The Department shall make available all the facilities at its disposal in effecting rescue and recovery work. The Chief shall act as consultant, or take personal charge, where in his opinion the circumstances of any mine explosion, fire, or other accident warrant.
E. The orders of the official in charge of rescue and recovery work shall be respected and obeyed by all persons engaged in rescue and recovery work.
F. The Chief shall maintain an up-to-date rescue and recovery plan for prompt and adequate employment at any coal mine in the Commonwealth. All employees of the Department shall be kept fully informed and trained in their respective duties in executing rescue and recovery plans. The Department's plan shall be reviewed annually. Any changes in the plan shall be published promptly and made available to all operators of mines.
Code 1950, § 45-14; 1954, c. 191; 1966, c. 594, § 45.1-6; 1984, c. 590; 1994, c. 28, § 45.1-161.77; 1997, c. 390; 1999, c. 256; 2011, cc. 826, 862; 2021, Sp. Sess. I, c. 387.