reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 32. The West Virginia Wind and Solar Energy Facility Reclamation Act › §22-32-8. Decommissioning Agreements

Decommissioning agreements entered by wind and solar facilities not exempted from this Act shall address, at a minimum:
(a) The term and scope of the agreement, including access and easement rights for decommissioning activities thereunder;
(b) The establishment of a bond or fund for decommissioning activities; provisions governing the same; initial balances; and whether an escrow agreement is required for the fund;
(c) The requirement to review, amend, and restate the decommissioning agreement every five years and adjust the required balance of the bond or fund for decommissioning activities;
(d) The Department of Environmental Protections right to review, modify, and approve the independent third-partys plan:
Provided
, that the Department of Environmental Protections approval of an qualified independent third-party evaluation shall not be unreasonably withheld;
(e) Industry standards or citations to the same to be met for decommissioning wind and solar facilities, including a statement of the restoration goal and the treatment of abandoned equipment on owned or leased property;
(f) The process for making claims and disbursements under the agreements decommissioning fund;
(g) The termination of the decommissioning agreement following the completion of decommissioning activities;
(h) Required notices;
(i) The assignment of rights and obligations under the agreement; and
(j) Force majeure provisions excusing performance or delays in performance due to fire, earthquake, flood, tornado, disasters, or act of God, terrorism, pandemic, change of law, or any other cause beyond a partys control.
The secretary of the Department of Environmental Protection may propose rules for legislative approval in accordance with the provisions of chapter 29A of this code establishing a model decommissioning agreement for wind and solar facilities governed under this act.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 33. Geothermal Energy Development › §22-33-2. Legislative Findings; Declaration of Policy

(a) The Legislature finds that:
(1) A geothermal resource is a reservoir inside the Earth from which heat can be extracted economically compared to other conventional sources of energy and used for generating electric power or any other suitable industrial, commercial, agricultural, residential, or domestic application in the future;
(2) Geothermal resources vary widely from one location to another depending on the temperature and depth of the resource; and
(3) The secretary should have broad authority to develop a regulatory program for geothermal resources to meet the economic needs of the state and to protect the public interest.
(b) The Legislature declares that the establishment of a new regulatory program to address the exploration, development, and production of geothermal resources in this state is in the public interest and should be done in a manner that protects the environment and our economy for current and future generations.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 33. Geothermal Energy Development › §22-33-3. Applicability; Exceptions

The provisions of this article shall apply to geothermal resources at temperatures and volumetric flow rates established by the secretary by legislative rule:
Provided
, That this article shall not apply to geothermal heating and cooling heat pump systems for private residential dwellings and farm buildings and any geothermal system regulated pursuant to section 10 of the Bureau of Public Heath legislative rule for Water Well Design Standards, 64 CSR 46 or any horizontal system with a depth of less than 30 feet.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 33. Geothermal Energy Development › §22-33-4. Ownership of Geothermal Resources

(a) Ownership of any geothermal resource is vested in the owner of the surface property overlying the geothermal resource unless severance of the geothermal resource is clear and unambiguous in an instrument conveying or reserving ownership of the geothermal resource.
(b) No mineral or water estate shall be construed to include any geothermal resource unless clearly and unambiguously included in an instrument reserving or conveying the geothermal resource.
(c) Nothing in this article shall divest any person or the state of any right, title, or interest they might have in any geothermal resource.
(d) Nothing in this article may be construed as vesting in the secretary the jurisdiction to adjudicate property rights disputes.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 33. Geothermal Energy Development › §22-33-5. Definitions

As used in this article:
(a) "Correlative right" means the right of each geothermal owner in a geothermal system to produce without waste his or her just and equitable share of the geothermal resource in the geothermal system.
(b) "Geothermal energy" means the usable energy that is produced or that can be produced from a geothermal resource.
(c) "Geothermal resource" means the natural heat of the earth and the energy, in whatever form, that is present in, associated with, or created by, or that may be extracted from, such natural heat, as determined by the secretary by legislative rule.
(d) "Geothermal system" means any aquifer, pool, reservoir, or other geologic formation containing geothermal resources.
(e) "Secretary" means the Secretary of the Department of Environmental Protection or his or her designee as provided in article one of this chapter.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 33. Geothermal Energy Development › §22-33-7. Jurisdiction of the Secretary; Powers and Duties; Geothermal Resources Regulatory Program

(a) The secretary is vested with jurisdiction over all aspects of this article and has the exclusive authority to perform all acts necessary to implement this article.
(b) The secretary shall develop a regulatory program for the exploration, development, and production of geothermal resources in this state. The regulatory program promulgated by the secretary shall include, but not be limited to, the following:
(1) Application for a permit on a form prescribed by the secretary and containing any information the secretary considers is necessary to issue a decision on the permit application;
(2) A procedure for reviewing a permit application and issuance of decision to grant or deny a permit;
(3) A procedure allowing the public to comment on a permit application prior to issuance of a decision by the secretary;
(4) A permit term not to exceed five years;
(5) A procedure to renew or modify permits on forms prescribed by the secretary and containing any information the secretary considers is necessary to issue a decision on the renewal or modification;
(6) Fees for permit applications and for permit renewals and modifications;
(7) A procedure to suspend or revoke permits;
(8) Standards for developing, drilling, plugging, and reclaiming well sites;
(9) Guidelines for the safe disposal of spent geothermal fluids and other unusable or contaminated fluids generated in the production of geothermal resources;
(10) Standards to ensure protection of all water resources of this state; and
(11) Inspections and investigations to ensure compliance with any provision in this article or rule or permit or order issued by the secretary.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 33. Geothermal Energy Development › §22-33-9. Administrative Orders; Injunctive Relief

(a) When the secretary determines, on the basis of any information, that a person is in violation of any requirement of this article or rule promulgated thereunder, the secretary may issue an order stating with reasonable specificity the nature of the violation and requiring compliance within a reasonable specified time period, or the secretary may commence a civil action in the circuit court of the county in which the violation occurred or in the circuit court of Kanawha County for appropriate relief, including a temporary or permanent injunction. The secretary or the Environmental Quality Board may stay any order issued by the secretary until the order is reviewed by the Environmental Quality Board.
(b) In addition to the powers and authority granted to the secretary by this chapter to enter into consent agreements, settlements, and otherwise enforce this chapter, the secretary shall propose a rule for legislative approval to establish a mechanism for the administrative resolution of violations set forth in this article through consent order or agreement as an alternative to instituting a civil action.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 34. Department of Environmental Protection Design-Build Pilot Program › §22-34-2. West Virginia Department of Environmental Protection Design-Build Program

(a) Notwithstanding any provision of this code to the contrary, the secretary of the West Virginia Department of Environmental Protection may expedite the construction of projects by combining the design and construction elements of a project into a single contract as provided in this article.
(b) The secretary shall promulgate procedural rules as the secretary deems to be useful or necessary to carry out the purpose of this article and to implement the intent of the Legislature in accordance with the provisions of 29A-3-1
et seq
. of this code, which must provide at a minimum:
(1) The application process for approval of a design-build project;
(2) The procedure for selecting the most qualified design-builders prior to the release of the invitation for proposals;
(3) The procedure for the preparation and contents of invitations for proposals;
(4) The procedure for preparing and submitting proposals;
(5) The procedure for evaluating proposals;
(6) The procedure for negotiations between the agency and those submitting proposals prior to the acceptance of a proposal, if any such negotiations are contemplated;
(7) The procedure for awarding and executing design-build contracts; and
(8) The procedure for acting on formal protests relating to the solicitation or award of design-build contracts.
(c) A design-build project may be let to contract only in accordance with the secretary's procedural rules promulgated pursuant to the provisions of this article:
Provided
, That only contracts awarded directly by the Department of Environmental Protection may utilize the design-build delivery method authorized pursuant to the provisions of this article:
Provided, however
, design-build delivery projects awarded pursuant to the provisions of this article may not exceed a total aggregate value of $50 million.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 34. Department of Environmental Protection Design-Build Pilot Program › §22-34-3. Invitation for Bids

(a) The West Virginia Department of Environmental Protection shall prepare an invitation for bids for prequalified design-builders, which must provide at a minimum:
(1) The procedure to be followed for submitting bids and making awards;
(2) The proposed general terms and conditions for the design-build contract;
(3) The description of the drawings, specifications, or other information to be submitted with the bid, with guidance as to form and level of completeness of the drawings, specifications, or submittals that will be acceptable;
(4) A proposed time schedule for commencement and completion of the design-build contract;
(5) Budget limits for the design-build contract, if any;
(6) Requirements or restrictions for subletting specific portions of the design-build contract, if any; and
(7) Requirements for performance bonds, payment bonds, insurance, professional liability insurance, and workers' compensation coverage.
(b) The West Virginia Department of Environmental Protection shall set forth its needs with sufficient clarity to ensure there is comprehensive understanding of the project's scope and requirements.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 34. Department of Environmental Protection Design-Build Pilot Program › §22-34-4. Acceptance of Design-Build Bid

(a) The design-builder shall submit the bid to the West Virginia Department of Environmental Protection as required in the invitation for bids.
(b) The design-builder shall furnish a bid bond not to exceed five percent of the maximum cost of the design-build contract.
(c) The secretary may choose to reject all bids. If the secretary chooses to accept a bid, he or she shall award the project to the qualified design-builder based on a value-based selection process combining technical qualifications and competitive bidding elements. The secretary shall ascertain that the submissions comply with the requirements of this article and the policies and procedures of the secretary.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 34. Department of Environmental Protection Design-Build Pilot Program › §22-34-5. Report to the Legislature; Sunset Date

(a) On or before January 15, 2024, and annually thereafter, the secretary shall prepare and submit to the Joint Committee on Government and Finance a written report, which may be transmitted electronically, evaluating the experience of the West Virginia Department of Environmental Protection with each design-built project completed pursuant to the provisions of this article during the prior calendar year, including whether the department realized any cost or time savings, the number and cost of change orders, the quality of work performed, the number of bids received, and other issues the secretary considers appropriate.
(b) The provisions of this article expire and shall have no force and effect after December 31, 2025.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 36. Administration of the West Virginia Drinking Water Treatment Revolving Fund › §22-36-1. Definitions

Unless the context in which used clearly requires a different meaning, as used in this article:
(1) "Authority" means the Water Development Authority provided for in 22C-1-4 of this code.
(2) "Capacity development" means the technical, managerial, and financial capability of a public water system.
(3) "Cost" means the cost of all labor, materials, machinery, equipment, lands, property, rights and easements, plans and specifications, and all other expenses necessary or incident to the acquisition, construction, improvement, expansion, extension, repair, or rehabilitation of all or part of a project.
(4) "Disadvantaged community" means the service area of a public water system that meets affordability criteria established after public review and comment by the state.
(5) "Federal Safe Drinking Water Act" means the federal statute commonly known as the Safe Drinking Water Act, 42 U.S.C. 300f
et seq
., as enacted, amended, and as may be subsequently amended.
(6) "Fund" means the West Virginia Drinking Water Treatment Revolving Fund created in this article.
(7) "Instrumentality" means the Department of Environmental Protection which has the primary responsibility for administering the fund and this article pursuant to requirements of the federal Safe Drinking Water Act.
(8) "Local entity" means any municipality, public utility, or person, including any individual, firm, partnership, association, not-for-profit corporation, or other corporation organized and existing under the laws of the state which may construct and operate an eligible project.
(9) "Public water system" means that term as defined in 16-1-9a of this code.
(10) "Project" means a project for improving a drinking water system for the purpose of achieving or maintaining compliance with applicable state and federal drinking water regulations.
(11) "Set-aside accounts" means those accounts that shall be set up for activities required by the federal Safe Drinking Water Act. The moneys for these accounts may be taken from the federal capitalization grant for these non-project activities before the capitalization grant is deposited into the fund.
(12) "Small system" means a public water system serving 10,000 or fewer persons.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 36. Administration of the West Virginia Drinking Water Treatment Revolving Fund › §22-36-2. Designation of Department of Environmental Protection as State Instrumentality; Rules; Small Systems; Disadvantaged Communities

(a) The Department of Environmental Protection shall act as the instrumentality that is hereby empowered to enter into capitalization agreements with the United States Environmental Protection Agency, to accept capitalization grant awards made under the federal Safe Drinking Water Act, and to direct the administration and management of the West Virginia Drinking Water Treatment Revolving Fund created in this article in accordance with the requirements of federal law.
(b) The Department of Environmental Protection shall propose rules for legislative approval in accordance with the provisions of 29A-3-1
et seq
. of this code for the purpose of effecting the administration of the provisions of this article. The rules shall include, but are not limited to, establishing requirements for: (1) Capacity development; (2) environmental review; (3) disadvantaged community designation; (4) receipt and disbursement of fund moneys; and (5) establishment of a Drinking Water Treatment Revolving Fund program to direct the financial management of the fund to water systems and establish the interest rates and repayment terms of the loans.
(c) Two percent of the annual federal capitalization grants made to this state shall be utilized to provide technical assistance services for small systems to assist those systems in maintaining compliance with the federal Safe Drinking Water Act. The Department of Environmental Protection shall enter into contracts to provide technical assistance services for small systems with such non-profit organizations that: (1) Have a membership that represents at least 25 percent of the small systems of this state; and (2) have at least five years experience in providing on-site technical assistance to small systems.
(d) The Department of Environmental Protection shall, in accordance with the provisions of the federal Safe Drinking Water Act, establish a program for loan subsidies to disadvantaged communities. Thirty percent of the annual federal capitalization grants made to this state shall be dedicated to the funding of projects for disadvantaged communities.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 36. Administration of the West Virginia Drinking Water Treatment Revolving Fund › §22-36-4. Management of Funds

The authority shall manage the funds received pursuant to the provisions of this article for accounting purposes. The authority shall cause an audit of its books and accounts to be made at least once each fiscal year and the costs thereof may be defrayed as administrative expenses under the provisions of this article. The audit shall be conducted by a certified public accountant and provide an auditors opinion on the funds financial statements, a report on the internal controls, and a report prepared in compliance with the provisions of the West Virginia Drinking Water Treatment Revolving Fund.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 36. Administration of the West Virginia Drinking Water Treatment Revolving Fund › §22-36-5. Remedies to Enforce Payment

(a) In order to ensure the timely payment of all sums due and owing to the fund under a revolving fund loan agreement made between the state and a local entity, and notwithstanding any provisions of this code to the contrary, the authority has and may, at its option, exercise the following rights and remedies in the event of any default by a local entity under a loan agreement:
(1) The authority may directly impose, in its own name and for its own benefit, service charges upon all users of a project funded by a loan distributed to a local entity pursuant to this article, and may proceed directly to enforce and collect the service charges, together with all necessary costs of the enforcement and collection.
(2) The authority may exercise, in its own name or in the name of, and as the agent for, a particular local entity, all of the rights, powers, and remedies of the local entity with respect to the project or which may be conferred upon the local entity by statute, rule, regulation, or judicial decision, including all rights and remedies with respect to users of the project funded by the loan distributed to that local entity pursuant to this article.
(3) The authority may, by civil action, mandamus, or other judicial or administrative proceeding, compel performance by a local entity of all the terms and conditions of the loan agreement between the state and that local entity including:
(A) The adjustment of service charges as required to repay the loan or otherwise satisfy the terms of the loan agreement;
(B) The enforcement and collection of service charges; and
(C) The enforcement by the local entity of all rights and remedies conferred by statute, rule, regulation, or judicial decision.
(b) The rights and remedies enumerated in this article are in addition to rights and remedies conferred upon the authority by law or pursuant to the loan agreement.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 36. Administration of the West Virginia Drinking Water Treatment Revolving Fund › §22-36-7. Environmental Review of Funded Projects

(a) The Department of Environmental Protection shall conduct an environmental review on each project funded under this article. The Secretary of the Department of Environmental Protection shall promulgate legislative rules in accordance with the provisions of 29A-3-1
et seq
. of this code to implement the environmental review of funded projects:
Provided
, That the rules shall be consistent with the regulations promulgated by the United States Environmental Protection Agency pursuant to the federal Safe Drinking Water Act, 42 U.S.C. 300f through 300j-27, inclusive, as amended.
(b) The Secretary of the Department of Environmental Protection is authorized to direct a local entity, or its agent, to implement all measures that, in the judgment of the secretary, are necessary in order to mitigate or prevent adverse impacts to the public health, safety, or welfare or to the environment that may result from a project funded under this article. The secretary is further authorized to require all projects to comply with all other appropriate federal laws and regulations that are required of the projects under the Federal Safe Drinking Water Act, 42 U.S.C. 300f through 300j-27, inclusive, as amended.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 1. Office of Miners' Health, Safety and Training; Administration; Enforcement › §22A-1-1. Continuation of the Office of Miners' Health, Safety and Training; Purpose

(a) The office of miners' health, safety and training is continued and is a separate office within the Department of Commerce, labor and environmental resources. The office shall be administered, in accordance with the provisions of this article, under the supervision and direction of the director of the office of miners' health, safety and training.
(b) The division of health, safety and training shall have as its purpose the supervision of the execution and enforcement of the provisions of this chapter and, in carrying out the aforesaid purposes, it shall give prime consideration to the protection of the safety and health of persons employed within or at the mines of this state. In addition, the division shall, consistent with the aforesaid prime consideration, protect and preserve mining property and property used in connection therewith.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 1. Office of Miners' Health, Safety and Training; Administration; Enforcement › §22A-1-5. Offices Continued in the Office of Miners’ Health, Safety and Training

(a) There are hereby continued in the Office of Miners’ Health, Safety and Training the following offices:
(1) The Board of Coal Mine Health and Safety established pursuant to article six of this chapter;
(2) The Coal Mine Safety and Technical Review Committee established pursuant to article six of this chapter; and
(3) The Board of Appeals provided for pursuant to the provisions of article five of this chapter.
(b) Nothing in this article may authorize the director or the secretary of the Department of Commerce, Labor and Environmental resources to alter, discontinue or abolish any office, board or commission or the functions thereof, which are established by status.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 1. Office of Miners' Health, Safety and Training; Administration; Enforcement › §22A-1-6. Director's Authority to Promulgate Rules

The director has the power and authority to propose or promulgate rules to organize the office and to carry out and implement the provisions of this chapter relating to health and safety inspections and enforcement. All rules in effect on the effective date of this article which pertain to the provisions of this chapter as they relate to health and safety inspection and enforcement shall remain in effect until changed or superseded by the director, or as appropriate. Except when specifically exempted by the provisions of this chapter, all rules or changes thereto shall be proposed or promulgated by the director in accordance with the provisions of chapter twenty-nine-a of this code.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 1. Office of Miners' Health, Safety and Training; Administration; Enforcement › §22A-1-7. Savings Provisions

All orders, determinations, rules, permits, grants, contracts, certificates, licenses and privileges which have been issued, made, granted, or allowed to become effective by the Governor, any state department or agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which were transferred from the Division of Energy to the Secretary of the Department of Commerce, Labor and Environmental Resources, to the director, or to the office, and which were in effect on the date such transfer occurred, shall continue in effect according to their terms until modified, terminated, superseded, set aside or revoked in accordance with law by the Governor, the secretary, the director, or other authorized official, a court of competent jurisdiction or by operation of law.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 1. Office of Miners' Health, Safety and Training; Administration; Enforcement › §22A-1-10. Mine Inspectors May Be Appointed to Fill Vacancy in Division

Notwithstanding any other provisions of law, if a vacancy occurs in any appointive position within the office, any mine inspector having permanent tenure, if qualified, may be appointed to such appointive position by the director.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 1. Office of Miners' Health, Safety and Training; Administration; Enforcement › §22A-1-11. Employment of Electrical Inspectors; Eligibility; Qualifications; Examinations; Salary; Provisions Relating to Underground Mine Inspectors Applicable to Electrical Inspectors

(a) The office shall employ a sufficient number of electrical inspectors as the director determines to be reasonably necessary in fully and effectively carrying out the applicable provisions of this chapter.
(b) To be eligible for employment as an electrical inspector, the applicant shall be: (1) A citizen of West Virginia, in good health, not less than twenty-four years of age, of good character and reputation, and of temperate habits; and (2) a person who has had five years of practical electrical experience in coal mines, at least two of which were in mines in this state, or a degree in electrical engineering from an accredited electrical engineering school and three years of practical electrical experience in underground coal mining. For the purposes of this section, practical electrical experience means the performance of duties requiring a person to be a certified electrician, as that term is defined in subdivision (2), subsection (d), section two of this article, prior to actually performing such duties.
(c) (1) In order to qualify for appointment as an electrical inspector, an eligible applicant shall submit to written, oral and practical examinations administered by the mine inspectors' examining board and furnish evidence of good health, character and other facts establishing eligibility as the board may require. The examinations shall relate to the duties to be performed by an electrical inspector and, subject to approval of the mine inspectors' examining board, may be prepared by the director.
(2) If the board finds after investigation and examination that an applicant: (A) Is eligible for appointment; and (B) has passed the required examinations with an average grade of at least ninety percent, the board shall add the applicant's name and grades to the register of qualified eligible candidates and promptly certify its action in writing to the director. The director shall then appoint one of the candidates from the three having the highest grades.
(d) Electrical inspectors shall be paid an annual salary of not less than $42,828, which shall be fixed by the director, who shall take into consideration ability, performance of duty and experience. Electrical inspectors shall devote all of their time to the duties of the office.
(e) Except as expressly provided in this section to the contrary, all provisions of this article relating to the eligibility, qualifications, appointment, tenure and removal of underground mine inspectors, as well as those provisions relating to compensatory time and reimbursement for necessary expenses, are applicable to mine electrical inspectors.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 1. Office of Miners' Health, Safety and Training; Administration; Enforcement › §22A-1-13. Employment of Surface Mine Inspectors; Eligibility; Qualifications; Examinations; Salary; Provisions Relating to Underground Mine Inspectors Applicable to Surface Mine Inspectors

(a) The office shall employ as many surface mine inspectors as the director determines to be reasonably necessary in fully and effectively carrying out the applicable provisions of this chapter.
(b) To be eligible for employment as a surface mine inspector the applicant shall be: (1) a citizen of West Virginia, in good health, not less than twenty-four years of age, of good character and reputation and of temperate habits; (2) a person who has had at least five years of practical experience in coal mines, at least two years of which have been on surface mines in this State: Provided, That graduation from any accredited college of mining engineering may be considered the equivalent of two years of practical experience; and (3) a person who has a good theoretical and practical knowledge of surface mines, surface mining methods, sound safety practices and applicable mining laws and rules. For the purpose of this section, practical experience means the performance of normal mining duties requiring a person to hold a certificate of competency and qualification as an experienced surface miner prior to actually performing the duties.
(c)(1) In order to qualify for appointment as a surface mine inspector, an eligible applicant shall submit to written, oral and practical examinations administered by the Mine Inspectors' Examining Board and furnish evidence of good health, character and other facts establishing eligibility as the board may require. The examinations shall relate to the duties to be performed by a surface mine inspector and, subject to the approval of the mine inspectors' examining board, may be prepared by the director.
(2) If the board finds after investigation and examination that an applicant is: (A) Eligible for appointment; and (B) has passed each required examination with a grade of at least seventy-five percent, or an overall combined average score of eighty percent, the board shall add the applicant's name and grades to the register of qualified eligible candidates and promptly certify its action in writing to the director. The director shall then appoint one of the candidates from the three having the highest grades.
(d) Surface mine inspectors shall be paid an annual salary of not less than $37,332, which shall be fixed by the director, who shall take into consideration ability, performance of duty, and experience. Surface mine inspectors shall devote all of their time to the duties of the office.
(e) Except as expressly provided in this section to the contrary, all provisions of this article relating to the eligibility, qualification, appointment, tenure, and removal of underground mine inspectors, as well as those provisions relating to compensatory time and reimbursement for necessary expenses, are applicable to surface mine inspectors.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 1. Office of Miners' Health, Safety and Training; Administration; Enforcement › §22A-1-13a. Study of Mine Inspector Qualification, Compensation, Training and Inspection Programs

The director is directed to conduct a study of the minimum qualifications for mine inspectors, the minimum compensation paid to mine inspectors and the overall training program established for mine inspectors. The study shall identify ways to attract and retain new, qualified mine inspectors to minimize the effect of the anticipated retirement of a significant number of current inspectors. Additionally, the study shall examine ways to improve the training programs for mine inspectors by focusing on technological advances in coal mining techniques, best practices used in modern coal mines and proper mine ventilation. Further, the director shall perform an assessment of the resources and qualification of inspectors necessary to approve mine ventilation plans. Finally, the study shall make recommendations on how to reassess mine inspection priorities to ensure that mines having a history of numerous safety violations are inspected more frequently than mines having a history of comparatively few safety violations while preserving the minimum number of inspections required by the code. By December 31, 2012, the Office of Miners' Health, Safety and Training shall report to the Legislature's Joint Committee on Government and Finance with recommendations regarding the implementation of its findings.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 1. Office of Miners' Health, Safety and Training; Administration; Enforcement › §22A-1-16. Powers and Duties of Electrical Inspectors as to Inspections, Findings and Orders; Reports of Electrical Inspectors

In order that the electrical inspector may properly perform the duties required of him or her, he or she shall devote his or her whole time and attention to the duties of the office, and the inspector has the right to enter any coal mine for the purpose of inspecting electrical equipment, and if he or she finds during an inspection any defects in the electrical equipment which are covered by law and may be detrimental to the lives or health of the workmen, the inspector has the authority to order the operator, in writing, to remedy such defects within a prescribed time, and to prohibit the continued operation of such electrical equipment after such time, unless such defects have been corrected.
The electrical inspector shall examine each mine in his or her division at least once each year or as often as the director may deem necessary.
It is the duty of the electrical inspector, after completing the examination of a mine, to prepare a report describing his or her findings in said mine in a manner and form designated by the director. The original report shall be forwarded to the operator or the operator's representative whose duty it is to post it in some conspicuous place open to examination by any interested person or persons. The report shall show the date of inspection, a list of equipment, and any other information that the director may deem necessary.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 1. Office of Miners' Health, Safety and Training; Administration; Enforcement › §22A-1-18. Posting of Notices, Orders and Decisions; Delivery to Agent of Operator; Names and Addresses to Be Filed by Operators

(a) At each coal mine there shall be maintained an office with a conspicuous sign designating it as the office of the mine, and a bulletin board at such office or at some conspicuous place near an entrance of the mine, in such manner that notices, orders and decisions required by this law or rule to be posted on the mine bulletin board may be posted thereon, be easily visible to all persons desiring to read them, and be protected against damage by weather and against unauthorized removal. A copy of any notice, order or decision required by this law to be given to an operator shall be delivered to the office of the affected mine, and a copy shall be immediately posted on the bulletin board of such mine by the operator or the operator's agent.
(b) The director shall cause a copy of any notice, order or decision required by this law to be given to an operator to be mailed immediately to a representative of the miners. Such notice, order or decision shall be available for public inspection.
(c) In order to ensure prompt compliance with any notice, order or decision issued under this law, the authorized representative of the director may deliver such notice, order or decision to an agent of the operator and such agent shall immediately take appropriate measures to ensure compliance with such notice, order or decision.
(d) Each operator of a coal mine shall file with the director the name and address of such mine and the name and address of the person who controls or operates the mine. Any revisions in such names or addresses shall be promptly filed with the director. Each operator of a coal mine shall designate a responsible official at such mine as the principal officer in charge of health and safety at such mine, and such official shall receive a copy of any notice, order or decision issued under this law affecting such mine. In any case, where the coal mine is subject to the control of any person not directly involved in the daily operations of the coal mine, there shall be filed with the director the name and address of such person and the name and address of a principal official of such person who has overall responsibility for the conduct of an effective health and safety program at any coal mine subject to the control of such person and such official shall receive a copy of any notice, order or decision issued affecting any such mine. The mere designation of a health and safety official under this subsection does not make such official subject to any penalty under this law.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 1. Office of Miners' Health, Safety and Training; Administration; Enforcement › §22A-1-19. Judicial Review

(a) Any order or decision issued by the director under this law, is subject to judicial review by the circuit court of the county in which the mine affected is located upon the filing in such court or with the judge thereof in vacation of a petition by any person aggrieved by the order or decision praying that the order or decision be modified or set aside, in whole or in part, except that the court shall not consider such petition unless such person has exhausted the administrative remedies available under this law and files within thirty days from date of such order or decision.
(b) The party making such appeal shall forthwith send a copy of such petition for appeal, by registered mail, to the other party. Upon receipt of such petition for appeal, the director shall promptly certify and file in such court a complete transcript of the record upon which the order or decision complained of was issued. The court shall hear such petition on the record made before the director. The findings of the director, if supported by substantial evidence on the record considered as a whole, shall be conclusive. The court may affirm, vacate or modify any order or decision or may remand the proceedings to the director for such further action as it may direct.
(c) In the case of a proceeding to review any order or decision issued by the director under this law, except an order or decision pertaining to an order issued under subsection (a), section fifteen of this article or an order or decision pertaining to a notice issued under subsection (b), section fifteen of this article, the court may, under such conditions as it may prescribe, grant such temporary relief as it deems appropriate pending final determination of the proceedings if:
(A) All parties to the proceeding have been notified and given an opportunity to be heard on a request for temporary relief;
(B) The person requesting such relief shows that there is a substantial likelihood that the person will prevail on the merits of the final determination of the proceeding; and
(C) Such relief will not adversely affect the health and safety of miners in the coal mine.
(d) The judgment of the court is subject to review only by the Supreme Court of Appeals of West Virginia upon a writ of certiorari filed in such court within sixty days from the entry of the order and decision of the circuit court upon such appeal from the director.
(e) The commencement of a proceeding under this section shall not, unless specifically ordered by the court, operate as a stay of the order or decision of the director.
(f) Subject to the direction and control of the attorney general, attorneys appointed for the director may appear for and represent the director in any proceeding instituted under this section.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 1. Office of Miners' Health, Safety and Training; Administration; Enforcement › §22A-1-20. Injunctions

The director may institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order in the circuit court of the county in which the mine is located whenever the operator or the operator's agent: (a) Violates or fails or refuses to comply with any order or decision issued under this law; or (b) interferes with, hinders or delays the director or his or her authorized representative in carrying out the provisions of this law; or (c) refuses to admit such representatives to the mine; or (d) refuses to permit the inspection of the mine, or the investigation of an accident or occupational disease occurring in, or connected with, such mine; or (e) refuses to furnish any information or report requested by the director in furtherance of the provisions of this law; or (f) refuses to permit access to, and copying of, such records as the director determines necessary in carrying out the provisions of this law. The court shall have jurisdiction to provide such relief as may be appropriate. Except as otherwise provided herein, any relief granted by the court to enforce an order under clause (a) of this section shall continue in effect until the completion or final termination of all proceedings for review of such order under this law, unless, prior thereto, the circuit court granting such relief sets it aside or modifies it. In any action instituted under this section to enforce an order or decision issued by the director after a public hearing, the findings of the director, if supported by substantial evidence on the record considered as a whole, shall be conclusive.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 1. Office of Miners' Health, Safety and Training; Administration; Enforcement › §22A-1-23. Records and Reports

In addition to such records as are specifically required by this law, every operator of a coal mine shall establish and maintain such records, make such reports and provide such information, as the director may reasonably require, from time to time, to enable the director to perform his or her functions under this law. The director is authorized to compile, analyze and publish, either in summary or detailed form, such reports or information so obtained. Except to the extent otherwise specifically provided by this law, all records, information, reports, findings, notices, orders or decisions required or issued pursuant to or under this law may be published, from time to time, may be released to any interested person and shall be made available for public inspection.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 1. Office of Miners' Health, Safety and Training; Administration; Enforcement › §22A-1-24. Mine Foreman Examiner for Mine Foremen-Fire Bosses and Assistant Mine Foremen-Fire Bosses; Salary

The director shall appoint a mine foreman examiner to examine and certify mine foremen-fire bosses, assistant mine foremen-fire bosses and mine examiners or fire bosses. Such mine foremen examiners shall be paid a minimum salary of $31,032 per year.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 1. Office of Miners' Health, Safety and Training; Administration; Enforcement › §22A-1-25. Duties of Mine Foreman Examiner

The duties of the mine foreman examiner are to:
(a) Prepare and conduct examinations of mine foremen, assistant mine foremen and fire bosses;
(b) Prepare and certify to the director a register of all persons who successfully completed the examination with a passing grade of eighty percent.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 1. Office of Miners' Health, Safety and Training; Administration; Enforcement › §22A-1-26. Place and Time for Examinations

The director shall determine the location where the mine foreman examiner shall meet for the purpose of holding examinations and at least two weeks' notice of the time and place where the examinations are to be held shall be given.
The examinations shall be given at any location where there are at least five men to be tested and adequate facilities to conduct such examination. The office of the secretary to the mine foreman examiner shall be located in the capitol complex in Charleston. All records pertaining to the examinations shall be kept at such office.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 1. Office of Miners' Health, Safety and Training; Administration; Enforcement › §22A-1-27. Preparation of Examinations; Notice of Intention to Take Examination; Investigation of Applicants

The mine foreman examiner shall, with the approval of the director, prepare and, from time to time, modify examinations to be administered applicants for certification as mine foremen and fire bosses.
All persons who desire to appear for examination shall notify the mine foreman examiner of their intentions to appear, if possible, not less than ten days prior to the date set for the examination. The mine foreman examiner shall inquire into the character and qualifications of the applicants who present themselves for examination.
2023 West Virginia Code › Chapter 22A. Miners' Health, Safety and Training › Article 1. Office of Miners' Health, Safety and Training; Administration; Enforcement › §22A-1-29. Mine Foreman Examiner to Certify Successful Applicants to Director

The mine foreman examiner shall certify to the director, on a form furnished by the director, every person whose examination shall disclose the person's fitness for the duties of mine foreman, assistant mine foreman and fire boss, as above classified, and the director shall prepare certificates of qualification for the successful applicants and send them to the mine foreman examiner for distribution.