reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-556. Operators' reports of accidents; investigations; reports by Department

A. Each operator shall report promptly to the Department the occurrence at any mine of any accident. The scene of the accident shall not be disturbed pending an investigation, except to the extent necessary to rescue or recover a person, prevent or eliminate an imminent danger, prevent destruction of mining equipment, or prevent suspension of use of a slope, entry, or facility vital to the operation of a section or a mine. In a case in which reasonable doubt exists as to whether to leave the scene unchanged, the operator shall secure prior approval from the Department before any changes are made.
B. The Chief shall go personally or dispatch one or more mine inspectors to the scene of such a coal mine accident, investigate causes, and issue such orders as may be needed to ensure safety of other persons.
C. Representatives of the operator shall render assistance as needed and act in a consulting capacity in the investigation. An employee, if so designated by the employees of the mine, shall be notified and as many as three employees, if so designated as representatives of the employees, may be present at the investigation in a consulting capacity.
D. The Chief shall require substance abuse testing as part of an inspection or complaint investigation if there is reasonable cause to suspect a miner's impairment, due to the presence of intoxicants or any controlled substance not used in accordance with the prescription of a licensed prescriber, has been a contributing factor to any accident in which a serious personal injury or death has occurred at a mine. The Chief shall require substance abuse testing of any miner killed or seriously injured and of any other person who might have contributed to the accident. Any substance abuse testing required by the Chief shall be paid for by the Department. Refusal by any miner to submit to substance abuse testing, or the failure to pass such a test, shall result in the immediate temporary suspension of all certificates held by the miner, pending a hearing before the Board of Coal Mining Examiners.
E. The Department shall render a complete report of circumstances and causes of each accident investigated and make recommendations for the prevention of similar accidents. The Department shall furnish one copy of the report to the operator and one copy to an employee representative if one was present at the investigation. The Chief shall maintain a complete file of all accident reports for coal mines and provide further dissemination as ordered by the Director in an effort to prevent mine accidents.
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, § 45.1-161.78; 1997, c. 390; 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 › § 45.2-557. Reports of other accidents and injuries

A. Each miner employed at a mine shall promptly notify his supervisor of any injury received during the course of his employment.
B. Each operator shall keep on file a report of each accident, including any accident that does not result in a lost-time injury. Copies of an accident report shall be given to the person injured or to his designated representative to review such report and verify its accuracy prior to filing it for review by state or federal mine inspectors.
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, § 45.1-161.79; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-558. Duties of mine inspectors

Each mine inspector shall:
1. Report to his supervisor immediately by the quickest available means any mine fire or explosion or any accident that results in loss of life or serious personal injury;
2. Proceed immediately to the scene of any accident at any mine under his jurisdiction that results in loss of life or serious personal injury and to the scene of any mine fire or explosion regardless of whether there is loss of life or serious personal injury;
3. Make such investigation and suggestions and render such assistance as he deems necessary for the future safety of the employees and make a complete report to his supervisor as soon as practicable;
4. Provide assistance to mine rescue and recovery operations whenever a mine fire or explosion or any accident that results in loss of life or serious personal injury occurs; and
5. Monitor the reopening of every mine or section thereof that has been sealed or abandoned on account of mine fire or explosion, serious accident, or any other cause in accordance with a plan approved by the Chief.
Code 1950, §§ 45-4.1, 45-7, 45-9, 45-12, 45-68.4, 45-69, 45-73, 45-74, 45-75, 45-78, 45-79, 45-81, 45-83; 1950, p. 156; 1954, c. 191; 1966, c. 594, §§ 45.1-5, 45.1-21; 1976, c. 598; 1978, cc. 120, 222, 489; 1982, c. 255; 1984, cc. 178, 236, 590; 1985, c. 448; 1987, c. 470; 1988, c. 577; 1990, c. 963; 1993, cc. 171, 442; 1994, c. 28, § 45.1-161.80; 1996, c. 774; 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 › § 45.2-559. Frequency of mine inspections

The Chief shall conduct a complete inspection of each underground coal mine at least every 180 days and of each surface coal mine at least once per year. Additional inspections of coal mines shall be made when deemed appropriate by the Chief based on an evaluation of risks at each mine or if requested by miners employed at a mine or the operator of a mine.
Code 1950, §§ 45-4.1, 45-9, 45-12, 45-74; 1954, c. 191; 1966, c. 594, § 45.1-5; 1976, c. 598; 1978, c. 120; 1984, c. 236; 1985, c. 448; 1987, c. 470; 1990, c. 963; 1994, c. 28, § 45.1-161.81; 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 › § 45.2-560. Evaluation of risks at mines

A. For the purpose of allocating the resources of the Department to be used for conducting additional inspections, the Department shall develop a procedural policy of scheduling such inspections based on an assessment, to be made at least annually, of the comparative risks at each underground coal mine and surface coal mine. The Department shall prepare its procedural policy with the assistance of working groups consisting of persons knowledgeable in mine safety issues. The issuance of the procedural policy shall be exempt from Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act. Variables that shall be included in the risk assessment measures include: (i) fatality and serious accident rates at the mine; (ii) the rates of issuance of closure orders and notices of violations of the mine safety laws of the Commonwealth, including regulations adopted by the Department or the Board of Coal Mining Examiners, at the mine; and (iii) the frequency rates for nonserious accidents or nonfatal days lost.
B. The Chief shall schedule additional inspections at underground coal mines and surface coal mines based on the rating assigned to a mine reflecting the assessment of its risks compared to other such mines pursuant to the assessment described in subsection A.
1994, c. 28, § 45.1-161.82; 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 › § 45.2-561. Review of inspection reports and records

Prior to commencing an inspection of a coal mine, a mine inspector shall review the most recent available report of inspection by MSHA. During the course of a complete inspection of a coal mine, the mine inspector shall comprehensively review the records for the 30-day period preceding the inspection of pre-shift examinations, on-shift exams, daily inspections, and weekly examinations that are required to be maintained pursuant to the Act. The mine inspector may review the records for such additional period as he deems prudent. During the course of the inspection, the inspector shall review other records relating to safety and health conditions in the mine that are required to be maintained pursuant to the Act.
1994, c. 28, § 45.1-161.83; 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 › § 45.2-562. Advance notice of inspections; confidentiality of trade secrets

A. No person shall give advance notice of any mine inspection conducted under the provisions of this title without authorization from the Chief or the Director.
B. All information reported to or otherwise obtained by the Chief or the Director or his authorized representative in connection with any inspection or proceeding under this title that contains or might reveal a trade secret referred to in 18 U.S.C. § 1905 shall be considered confidential for the purpose of that section, except that such information may be disclosed to the Chief or the Director or his authorized representative concerned with carrying out any provisions of this title or any proceeding hereunder. In any such proceeding, the court, the Chief, or the Director shall issue such orders as may be appropriate to protect the confidentiality of trade secrets.
1973, c. 425, § 40.1-51.3:1; 1976, c. 607, § 40.1-51.4:1 ; 1994, c. 28, § 45.1-161.84; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-563. Scheduling of mine inspections

A. The Chief and the Director shall schedule the inspections of mines under this article, to the extent deemed reasonable and prudent, in order to reduce their chronological proximity to inspections conducted by MSHA.
B. The Chief, the Director, and each mine inspector, to the extent deemed reasonable and prudent, shall schedule mine inspections to commence at a variety of hours of the day and days of the week, including evening and night shifts, weekends, and holidays.
1994, c. 28, § 45.1-161.85; 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 › § 45.2-564. Denial of entry

No person shall deny the Chief, the Director, or any mine inspector entry upon or through (i) a mine for the purpose of conducting an inspection or (ii) any office at the site where maps or records relating to the mine are located, in accordance with the Act.
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, § 45.1-161.86; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-566. Duties of inspectors

A. During a complete inspection of a mine, other than an inactive mine, the mine inspector shall inspect, where applicable, the surface plant; all active workings; all active travel ways; entrances to inaccessible worked-out areas; accessible worked-out areas; at least one entry of each intake and return airway in its entirety; escapeways and other places where miners work or travel or where hazardous conditions might exist; electric installations and equipment; haulage facilities; first aid equipment; ventilation facilities; communication installations; roof and rib conditions; roof-support practices; blasting practices; haulage practices and equipment; and any other condition, practice, or equipment pertaining to the health and safety of the miners. The mine inspector shall make tests for the quantity of air flows, and for gas and oxygen deficiency, in each place that he is required to inspect in an underground coal mine. In a mine operating more than one shift in a 24-hour period, the mine inspector shall devote sufficient time on the second and third shifts to determine conditions and practices relating to the health and safety of the miners. For an inactive mine, the mine inspector shall inspect all areas of the mine where persons may work or travel during the period the mine is an inactive mine.
B. The inspector shall make a personal examination of the interior of the mine and of the outside of the mine where any danger may exist to the miners.
Code 1950, §§ 45-4.1, 45-9, 45-12, 45-74; 1954, c. 191; 1966, c. 594, § 45.1-5; 1976, c. 598; 1978, c. 120; 1984, c. 236; 1985, c. 448; 1987, c. 470; 1990, c. 963; 1994, c. 28, § 45.1-161.88; 1996, c. 774; 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 › § 45.2-567. Inspection reports

A. Upon completing a mine inspection, a mine inspector shall complete a report regarding such inspection. The inspection report shall show the date of inspection, the condition in which the mine is found, a statement regarding any violations of the Act discovered during the inspection, the progress made in the improvement of the mine as such progress relates to health and safety, the number of accidents and injuries occurring in and about the mine since the previous inspection, and all other facts and information of public interest concerning the condition of the mine as are useful and proper.
B. The mine inspector shall (i) deliver one copy of the inspection report to the operator, agent, or mine foreman and one copy to the employees' safety committee, where applicable, and (ii) post one copy at a prominent place on the premises of the mine where it can be read conveniently by the miners.
C. With respect to coal mines, the Department shall provide access to inspection reports to MSHA.
Code 1950, §§ 45-4.1, 45-9, 45-12, 45-74; 1954, c. 191; 1966, c. 594, § 45.1-5; 1976, c. 598; 1978, c. 120; 1984, c. 236; 1985, c. 448; 1987, c. 470; 1990, c. 963; 1994, c. 28, § 45.1-161.89; 1996, c. 774; 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 › § 45.2-568. Notices of violations

A. If the Director, the Chief, or a mine inspector has reasonable cause to believe that a violation of the Act has occurred, he shall with reasonable promptness issue a notice of violation to the person responsible for the violation. Each notice of violation shall be in writing, shall describe with particularity the nature of the violation, including a reference to the provision of the Act or the appropriate regulation violated, and shall include an order of abatement and set a reasonable time for abatement of the violation.
B. A copy of the notice of violation shall be delivered to the operator or his agent or the mine foreman.
C. Upon a finding by the mine inspector of the completion of the action required to abate such violation, the Director, the Chief, or the mine inspector shall issue a notice of correction, a copy of which shall be delivered as provided in subsection B.
D. The notice of violation shall be deemed the final order of the Department and shall not be subject to review by any court or agency unless within 20 days following its issuance the person to whom the notice of violation was issued appeals its issuance by notifying the Department in writing that he intends to contest its issuance. The Department shall conduct informal conference or consultation proceedings, presided over by the Chief, pursuant to § 2.2-4019, unless the person and the Department agree to waive such a conference or proceeding to go directly to a formal hearing. If such a conference or proceeding is waived, or if it fails to dispose of the case by consent, the Department shall conduct a formal hearing pursuant to § 2.2-4020. The formal hearing shall be presided over by a hearing officer pursuant to § 2.2-4024, who shall recommend findings and an initial decision, which shall be subject to review and approval by the Director. Any party aggrieved by and claiming unlawfulness of such decision is entitled to judicial review pursuant to Article 5 (§ 2.2-4025 et seq.) of the Administrative Process Act.
E. If it is finally determined that a notice of violation was not issued in accordance with the provisions of this section, the notice of violation shall be vacated and the improperly issued notice of violation shall not be used to the detriment of the person or the operator to whom it was issued.
Code 1950, §§ 45-4.1, 45-9, 45-12, 45-74; 1954, c. 191; 1966, c. 594, § 45.1-5; 1976, c. 598; 1978, c. 120; 1984, c. 236; 1985, c. 448; 1987, c. 470; 1990, c. 963; 1994, c. 28, § 45.1-161.90; 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 › § 45.2-570. Tolling of time for abating violations

The period of time specified in a notice of violation for the abatement of the violation shall not begin to run until (i) the final decision of the Department is issued, if an administrative appeal of its issuance is pursued, or (ii) the final order of the circuit court is rendered, if an appeal of its issuance is taken to circuit court and if such appeal pursuant to clause (i) or (ii) was undertaken in good faith and not solely for delay or avoidance of penalties.
1994, c. 28, § 45.1-161.92; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-571. Injunctive relief

A. Any person violating or failing, neglecting, or refusing to obey any closure order may be compelled in a proceeding instituted by the Director in any appropriate circuit court to obey such order and to comply with such order by injunction or other appropriate relief.
B. Any person failing to abate any violation of the Act that has been cited in a notice of violation within the time period provided in such notice for its abatement may be compelled in a proceeding instituted by the Director in any appropriate circuit court to abate such violation as provided in such notice and to cease the operation of the mine at which such violation exists until the violation has been abated, by injunction or other appropriate remedy.
C. The Director may file a bill of complaint with any appropriate circuit court asking the court to temporarily or permanently enjoin a person from operating a mine in the Commonwealth, to be granted upon finding by a preponderance of the evidence that (i) a history of noncompliance at the mine operated by the person demonstrates that he is not able or willing to operate a mine in compliance with the provisions of the Act or (ii) a history of the issuance of closure orders for the mine operated by the person demonstrates that he is not able or willing to operate a mine in compliance with the provisions of the Act.
Code 1950, § 45-8, 45-84; 1954, c. 191; 1966, c. 594, § 45.1-104; 1972, c. 784; 1974, c. 323; 1975, c. 520; 1978, c. 120; 1982, c. 118; 1990, c. 963; 1994, c. 28, § 45.1-161.93; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-572. Violations; penalty

Any person who willfully violates any provision of the Act or any regulation adopted pursuant to the Act, unless otherwise specified in 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, § 45.1-161.94; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-573. Prosecution of violations

A. It is the duty of every attorney for the Commonwealth to whom the Director or his authorized representative has reported any violation of the Act or on his own initiative to cause proceedings to be prosecuted in such case.
B. If the attorney for the Commonwealth declines to cause proceedings to be prosecuted in such case, the Director or the Chief may request the Attorney General to institute proceedings for any violation of the Act on behalf of the Commonwealth; however, such action shall not preclude the Director or the Chief from pursuing any other applicable statutory procedure. Upon receiving such a request from the Director or the Chief, the Attorney General may institute actions and proceedings for violations described in the request.
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, § 45.1-161.95; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-574. Fees and costs

No fees or costs shall be charged to the Commonwealth by a court or any officer for or in connection with the filing of any pleading or other papers in any action authorized by this article.
1994, c. 28, § 45.1-161.96; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-575. Reports of violations

A. The operator of each mine or his agent shall deliver a copy of the Act to each miner upon the commencement of his employment at the mine, unless the miner is already in possession of a copy.
B. Any person aware of a violation of the Act may report the violation to a mine inspector or to any other employee of the Department, in person, in writing, or by telephone call, at the mine, at an office of the Department, or at the mine inspector's residence.
C. The operator of each mine or his agent shall display on a sign placed at the mine office, at the bath house, and on a bulletin board at the mine site a notice containing the office addresses and office and home telephone numbers of mine inspectors and other Department personnel for the purpose of reporting any violation of the Act.
D. The Department shall keep a record, on a form prepared for such purpose, of every alleged violation of the Act that is reported and the results of any investigation. The Department shall give a copy of the complaint form, with the identity of the person making the report and that of any individual identified in the alleged violation being omitted or deleted, to the operator of the mine or his agent. The Department shall not disclose the identity of any person who reports an alleged violation to the owner or operator of the mine or his agent or to any other person or entity. Information regarding the identity of the person reporting the violation shall be exempt from disclosure under the provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).
1994, c. 28, § 45.1-161.97; 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 › § 45.2-576. Virginia Coal Mine Safety Board; purpose

The Virginia Coal Mine Safety Board (the Board) is established as an advisory board in the executive branch of state government. The purpose of the Board is to advise the Chief on matters relating to the health and safety of persons working in the coal industry in the Commonwealth.
1990, c. 963, § 45.1-5.2; 1994, c. 28, § 45.1-161.98; 2014, c. 438; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-577. Membership; terms; compensation; quorum; meetings

A. The Virginia Coal Mine Safety Board shall have a total membership of 10 members that shall consist of nine nonlegislative citizen members appointed by the Governor, subject to confirmation by the General Assembly, and one ex officio member. Nonlegislative citizen members shall be appointed as follows: three to be appointed from a list of individuals nominated by the Metallurgical Coal Producers Association; three to be appointed from a list of individuals nominated by the United Mine Workers of America; and three to be appointed from the Commonwealth at large. Nonlegislative citizen members of the Board shall serve at the pleasure of the Governor and be residents of the Commonwealth.
B. The members of the Board shall elect its chairman. Members shall serve for terms of four years and their successors shall be appointed for terms of the same length, but vacancies occurring other than by expiration of a term shall be filled for the unexpired term. Any member may be reappointed for successive terms. Members shall receive no compensation for their services but 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 the members shall be provided by the Department.
C. The Board shall hold meetings at times and places designated by the chairman. The chairman may call a meeting of the Board at any time and shall call a meeting of the Board within 20 days of receipt by the chairman of a written request for a meeting by another member of the Board. Notification of each meeting of the Board shall be given in writing to each member by the chairman at least five days in advance of the meeting. The chairman and any four or more members of the Board shall constitute a quorum for the transaction of any business of the Board.
1990, c. 963, §§ 45.1-5.2, 45.1-5.3; 1994, c. 28, §§ 45.1-161.98, 45.1-161.99; 2014, c. 438; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-578. Powers and duties of the Virginia Coal Mine Safety Board

The Virginia Coal Mine Safety Board has the power to advise and make recommendations to the Chief on matters relating to the health and safety of persons working in the Virginia coal industry. The Board shall serve as the regulatory work committee for the Department on all coal mine health and safety regulations not under the jurisdiction of the Board of Coal Mining Examiners.
1990, c. 963, § 45.1-5.3; 1994, c. 28, § 45.1-161.100; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-579. First aid training of coal miners

A. The Chief shall establish specifications for first aid and refresher training programs for miners at coal mines. Such specifications shall be no less than, but may exceed, the minimum requirements of the training programs that underground and surface coal mine operators are required to provide to their employees pursuant to the federal mine safety law. The Chief may utilize the Department's educational and training facilities in the conduct of such training programs and may require the cooperation of operators in making such programs available to their employees.
B. Each operator of a coal mine, upon request, shall make available to every miner employed in such mine the course of first aid training, including refresher training, as is required pursuant to subsection A.
1977, c. 679, § 45.1-101.2; 1978, c. 94; 1984, c. 590; 1994, c. 28, § 45.1-161.101; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 5 - Coal Mine Safety Act › § 45.2-580. Training programs

A. The Department may administer training programs for the purpose of (i) assisting with the provision of selected requirements of the federal mine safety law and (ii) preparing miners for examinations administered by the Board of Coal Mining Examiners. The Director shall establish the curriculum and teaching materials for the training programs, which shall be consistent with the requirements of the federal mine safety law where feasible.
B. The Department is authorized to charge persons attending the training programs reasonable fees to cover the costs of administering such programs. The Director may exempt certain persons from any required fees for refresher training programs, based on the person's employment status or such other criteria as the Director deems appropriate. The Director shall not be required to allocate more of the Department's resources to training programs than are appropriated or otherwise made available for such purpose or are collected from fees charged to attendees.
C. No miner, operator, or other person shall be required to participate in any training program established under this article. Nothing contained herein shall prevent an operator or any other person from administering a state-approved training program.
1994, c. 28, § 45.1-161.102; 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 › § 45.2-581. Additional coal mining training programs

The Chief may implement a voluntary on-site safety awareness training program for coal miners. Such training may be conducted by a mine inspector in conjunction with his inspection of a coal mine or by other Department personnel. Safety awareness training for coal miners may include such methods as job safety analysis and topical talks on safety issues intended to reduce accidents.
1994, c. 28, § 45.1-161.103; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 6 - Coal Mining Property, Interests, Adjacent Owners, and Dams › § 45.2-600. Consent required before working mine near land of another

No owner or tenant of any land containing coal within the Commonwealth shall open or sink, dig, excavate, or work in any mine on such land within five feet of the line dividing such land from that of another person without the written consent of every person interested in or having title to such adjoining lands or mineral rights in possession, reversion, or remainder, or of the guardian of any such person if the person is under a disability. Any person who violates this section shall forfeit $500 to any person injured by such activity and to anyone whose consent is required but not obtained.
Code 1950, § 45-91; 1966, c. 594, § 45.1-102; 1978, c. 118; 1994, c. 28, § 45.1-161.310; 1997, c. 390; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 6 - Coal Mining Property, Interests, Adjacent Owners, and Dams › § 45.2-601. Adjacent owner to be permitted to survey mine; proceedings to compel entry for survey

A. The owner, tenant, or occupant of any land or coal on or in which a mine is opened and worked, or his agent, shall permit any person interested in or having title to any land or mineral rights coterminal with that in which such mine is located to have ingress and egress with surveyors and assistants to explore and survey such mine at his own expense if such person has reason to believe his property is being trespassed upon. The purpose of such survey shall be to ascertain whether a violation of § 45.2-600 has occurred. However, such person is not entitled to enter the property more often than once a month. Every owner, tenant, occupant, or agent who refuses such permission, exploration, or survey shall forfeit $20 for each refusal to the person so refused.
B. The judge of the general district court of the county or city in which such mine is located, before whom any complaint of such refusal shall be made, may issue a summons to such owner, tenant, occupant, or agent to answer such complaint. On the return of the summons executed and proof that (i) the complainant has a right of entry and (ii) such right has been refused without sufficient cause, the judge shall designate an early and convenient time for such entry to be made and issue a warrant commanding the sheriff of the county or city to attend and prevent any obstruction or impediment to such entry, exploration, or survey. The costs of such summons and a fee of $3 to the sheriff executing the warrant shall be paid by the person whose refusal caused the complaint. If the court dismisses the complaint, the costs shall be paid by the party making the complaint.
Code 1950, §§ 45-92, 45-93; 1966, c. 594, § 45.1-103; 1978, c. 118; 1994, c. 28, § 45.1-161.311; 1997, c. 390; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 6 - Coal Mining Property, Interests, Adjacent Owners, and Dams › § 45.2-602. Petition to establish a trust for missing coal owners

A. Any coal owner or lessee who (i) has more than a 50 percent interest in the coal on a particular tract and (ii) seeks to impress a trust upon unknown or missing owners of such tract of coal may petition the circuit court in the county or city containing the majority of the tract of coal to establish a trust to protect the interests of all coal owners and lessees.
B. The petition shall:
1. Describe the particular tract of coal at issue;
2. List all known, missing, and unknown owners of interests in such tract of coal and set forth the efforts to locate and identify the missing or unknown owners of the interests and provide any other information known to the petitioner that could be helpful in identifying or locating every present owner thereof; and
3. Include the proposed terms of a lease to be offered to the trust. Such lease shall be typical of other arm's-length leases in the area.
C. The petitioner shall establish to the satisfaction of the court that a diligent effort has been made to identify and locate the present owners of such interests.
2003, c. 775, § 45.1-161.311:3; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 6 - Coal Mining Property, Interests, Adjacent Owners, and Dams › § 45.2-603. Advertisement upon filing of petition

Immediately upon filing the petition pursuant to § 45.2-602, the petitioner shall advertise a notice of the pending action, including a statement that the action is brought for the purpose of impressing a trust authorizing the execution of a valid and present coal lease for the development of a tract of coal described in the petition pursuant to the provisions of subsection B of § 45.2-602. Such notice shall appear in a local newspaper of general circulation at least once a week for two consecutive weeks.
2003, c. 775, § 45.1-161.311:4; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 6 - Coal Mining Property, Interests, Adjacent Owners, and Dams › § 45.2-604. Court may declare trust; trustee sale of lease

A. If, upon presentation of a petition pursuant to § 45.2-602 to the circuit court in the county or city containing the majority of the tract of coal, it appears to the court that development of the interests in such tract of coal will be advantageous to the unknown or missing owners, the court shall declare a trust in the coal interests and appoint a trustee for such interests. The court shall authorize the trustee to execute a lease covering the coal interests in the identified tract of coal. The order of the court shall provide for all the terms and provisions of the lease that the trustee is authorized to make.
B. The trustee shall proceed in compliance with the provisions of the order to execute the lease and after executing the lease shall submit a report thereof to the court.
C. The court shall not authorize a trustee's lease upon the coal interests of any owner whose identity and location are known, can be ascertained, or are discovered as a result of the action brought under this article. Any such owner may intervene as a matter of right at any time prior to the judgment approving the trustee's lease for the purpose of establishing his title to the coal interests. If such coal owner's claim is established to the satisfaction of the court, the court shall dismiss the action at the plaintiff's cost.
2003, c. 775, § 45.1-161.311:5; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 6 - Coal Mining Property, Interests, Adjacent Owners, and Dams › § 45.2-605. Duty of trustee; sale of lease; distribution of funds

A. The trustee shall collect the proceeds from the sale of the lease and hold and invest such proceeds for the use and benefit of the unknown or missing owners. The court may authorize the trustee to expend an amount not to exceed 10 percent of the funds collected by the trustee for the purpose of searching for the unknown or missing owners.
B. Five years after the date of first commercial production of the coal interests, the proceeds in the trust shall be disposed of pursuant to the Virginia Disposition of Unclaimed Property Act (§ 55.1-2500 et seq.).
2003, c. 775, § 45.1-161.311:6; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 6 - Coal Mining Property, Interests, Adjacent Owners, and Dams › § 45.2-606. Payment of attorney fees, expenses, and court costs

All attorney fees, expenses, and court costs incident to the original proceedings shall be paid by the lessee if a lease is executed and by the plaintiff if for any reason no lease is executed. Subsequent to entry of judgment, all allowable attorney fees, expenses, and court costs shall be paid out of funds controlled by the trustee.
2003, c. 775, § 45.1-161.311:7; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 6 - Coal Mining Property, Interests, Adjacent Owners, and Dams › § 45.2-607. Production of coal by majority interest owner; petition to establish trust for known coal owners

A. Any coal owner or lessee who (i) has at least a two-thirds interest in the coal on a particular tract of land and (ii) seeks to extract such coal may petition the circuit court in the county or city containing the majority of the tract of coal to establish a trust for known coal owners and lessees.
B. The petition shall:
1. Describe the particular tract of coal at issue;
2. List all known owners of interests in the tract of coal; and
3. Include the proposed terms of a lease to be offered to each minority owner. Such lease shall be typical of other arm's-length leases in the area.
C. The petitioner shall establish to the satisfaction of the court that a diligent effort has been made to obtain the consent of each minority owner to lease his interest in the coal. The petitioner shall demonstrate to the court that (i) the production of the coal by the petitioner's lessee is of economic benefit to all parties; (ii) if the coal is not produced, the economic value of the coal is lost and the economic benefit of owning the coal is decreased; and (iii) there is no practical method for dividing such coal among the owners without extracting the coal.
D. Immediately upon filing the petition, the petitioner shall send by registered or certified mail, with a return receipt requested, notice of the petition to the party subject to the petition.
E. The court may appoint a trustee and authorize the trustee to execute a lease pursuant to § 45.2-604.
F. The court shall escrow or direct the trustee to escrow the proceeds of the lease attributable to each of the minority interests until such minority owner's claim is established to the satisfaction of the court.
2003, c. 775, § 45.1-161.311:8; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 6 - Coal Mining Property, Interests, Adjacent Owners, and Dams › § 45.2-608. "Public uses" defined; mining, etc., of coal essential business; subject to seizure by Commonwealth

A. As used in this article, "public uses" means the mining, production, or marketing of coal for the purpose of providing and furnishing heat or power to the people of the Commonwealth.
B. Any person engaged in the business of the mining, production, or marketing of coal, any portion of which is customarily used in the manufacture of heat or power, is hereby declared to be engaged in a business essential to the health, safety, and welfare of the people of the Commonwealth. Under the conditions and in the manner set forth in this article, such business may be seized and operated by the Commonwealth, or any agency created and organized for such purpose, for public uses.
Code 1950, § 45-145; 1950, p. 29; 1966, c. 594, §§ 45.1-145, 45.1-146; 1994, c. 28, §§ 45.1-161.312, 45.1-161.313; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 6 - Coal Mining Property, Interests, Adjacent Owners, and Dams › § 45.2-609. Interruption of public uses; proclamation of emergency; seizure

When in the judgment of the Governor there exists a substantial interruption or an imminent threat of a substantial interruption of public uses, he shall proclaim that an emergency exists in the Commonwealth that endangers the health, safety, and welfare of its people and the enjoyment of the public and private property within its borders. It shall then be the duty of the Governor to seize and operate the property of any person used in the mining, production, or marketing of coal that the Governor deems essential for the protection of the health, safety, and welfare of the people of the Commonwealth.
Code 1950, § 45-147; 1950, p. 30; 1966, c. 594, § 45.1-147; 1994, c. 28, § 45.1-161.314; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 6 - Coal Mining Property, Interests, Adjacent Owners, and Dams › § 45.2-610. Additional powers of Governor to operate seized properties

The Governor may exercise the powers and authority to possess and operate for public uses any person's property used in the mining, production, or marketing of coal in the manner provided in this article.
Code 1950, § 45-148; 1950, p. 30; 1966, c. 594, § 45.1-148; 1994, c. 28, § 45.1-161.315; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 6 - Coal Mining Property, Interests, Adjacent Owners, and Dams › § 45.2-612. Negotiating purchase or lease of coal properties

Whenever the Governor proclaims that an emergency exists under this article and appoints the Virginia Fuel Commission pursuant to § 45.2-611, the Commission shall make a bona fide attempt to negotiate the purchase or lease of the coal property of any person engaged in the mining, production, or marketing of coal as the Commission deems necessary to accomplish the purposes of this article. However, where such negotiations cannot be promptly made due to the incapacity of the owner of the property, or for any other reason, the Commission is not required to attempt to negotiate for the acquisition of such property.
Code 1950, § 45-150; 1950, p. 31; 1966, c. 594, § 45.1-150; 1994, c. 28, § 45.1-161.319; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 6 - Coal Mining Property, Interests, Adjacent Owners, and Dams › § 45.2-613. Proceedings for condemnation

A. Proceedings for condemnation pursuant to this article shall be instituted and conducted in the name of the Commission, and the procedure shall, except as altered by the provisions of this article, be carried out as provided in Chapter 3 (§ 25.1-300 et seq.) of Title 25.1.
B. The proceedings for condemnation shall be by petition to the circuit court of the county or city in which the land, property, or property right, or the major portion thereof sought to be temporarily acquired, is located. The petition shall set forth with reasonable particularity a description and designation of the interest, right, or property intended to be temporarily taken, the name of the owner of the interest, right, or property that is to be taken or affected and such other facts as the Commission deems necessary to give adequate information to the court and all persons in interest. The petition shall be verified by oath by a member of the Commission.
C. Upon (i) the filing of the petition described in subsection B in the office of the clerk of the circuit court to which it is addressed, together with as many copies thereof as there are defendants upon which it is to be served, and (ii) the depositing with the clerk for the custody of the court, and for the benefit of the owners of the property taken or affected, an amount of money that the Commission estimates to be just compensation for the property temporarily taken and any damage done, the Commission shall thereupon seize and take possession, custody, and control of the property. The amount of money deposited pursuant to clause (ii) shall not limit the amount of just compensation to be allowed to the owner of the property. The service of such petition upon the defendant shall be made in the manner prescribed by the Rules of Supreme Court of Virginia with respect to Practice and Procedure in Civil Actions in effect at the time the petition is filed.
Code 1950, § 45-151; 1950, p. 31; 1966, c. 594, § 45.1-151; 1994, c. 28, § 45.1-161.320; 2003, c. 940; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 6 - Coal Mining Property, Interests, Adjacent Owners, and Dams › § 45.2-614. Expense of acquiring and operating coal property; funds derived from operation

The expense of acquiring and operating any property acquired under this article shall be paid out of moneys transferred from the general fund that are not otherwise appropriated. Such transfer shall be made upon such authorization as the Governor prescribes and shall be credited to the account of the Commission, and all funds and revenues derived from or received as a result of such operations shall be paid into the state treasury and credited to the same account. Any amount transferred upon authorization of the Governor from the general fund shall be designated as the "Capital Account" of the Commission. Such amount, or the residue thereof, together with any surplus that accrues, shall be returned to the general fund in the event of liquidation or, in the absence of liquidation, in such installments and at such times as the Governor prescribes.
Code 1950, § 45-152; 1950, p. 32; 1966, c. 594, § 45.1-152; 1994, c. 28, § 45.1-161.321; 2021, Sp. Sess. I, c. 387.
2023 Code of Virginia › Title 45.2 - Mines, Minerals, and Energy › Chapter 6 - Coal Mining Property, Interests, Adjacent Owners, and Dams › § 45.2-615. Restoration of property to owner or operator

A. Whenever (i) the owner or operator engaged in the business of the mining, production, or marketing of coal whose property has been acquired by the Commission notifies the Commission in writing that he can and will resume operation and render normal service, and satisfies the Commission of the correctness of such notice, or (ii) in the judgment of the Governor, the emergency declared by him no longer exists, the Commission shall restore the possession of the property so acquired by it to such owner or operator upon his request. In the event the Commission refuses such restoration of possession, the owner or operator shall have the right to have a ruling issued requiring the Commission to show cause why such possession shall not be restored, and the court shall determine the matter as provided in this section.
B. Any such owner or operator shall be entitled to receive reasonable, proper, and lawful compensation for the use of the property acquired by the Commonwealth pursuant to this article and shall be paid such compensation out of the state treasury. In the event the Commission has acquired such property by purchase, the owner or operator from whom it was acquired shall, upon reacquisition, repay the purchase price less fair compensation for the use of such property. In the event the Commission and the owner or operator are unable to agree upon the amount of such compensation, either party in interest may file a petition in the circuit court for the county or city in which the property is located for the purpose of having the amount of compensation judicially determined. The court shall, without a jury, hear such evidence and argument of counsel as it deems appropriate and (i) render judgment thereon or (ii) refer to a commissioner such questions as are considered proper and act upon the commissioner's report as in any other civil proceeding. An appeal shall lie to the Court of Appeals from any final judgment of the court rendered upon the provisions of this article.
Code 1950, § 45-153; 1950, p. 32; 1966, c. 594, § 45.1-153; 1994, c. 28, § 45.1-161.322; 2021, Sp. Sess. I, cc. 387, 489.