reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1410 - UTILITY LINE ENCROACHMENTS BENEATH OR OVER STATE-OWNED SUBAQUEOUS BEDS › Section 4VAC20-1410-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meaning unless the context clearly indicates
				  otherwise:
"Aerial utility line" means a utility line suspended above a
				  waterway by attachment to structures located in the uplands or wetlands in such
				  a manner as to prevent the utility line from coming into contact with the
				  waterway.
"Bored" means the practice of installing a utility crossing
				  under a stream using construction methodology that does not impact the waterway
				  itself to include horizontal directional drilling, micro-tunneling,
				  conventional bore, and guided conventional bore.
"Commission" means the Virginia Marine Resources
				  Commission.
"Commissioner" means the Commissioner of the Virginia Marine
				  Resources Commission or the commissioner's designee.
"Frac-out plan" means a written policy by the applicant that
				  describes how the construction crews will monitor for inadvertent releases of
				  drilling lubricants in the soils and streams of the project area and how the
				  applicant will contain and mitigate those spills.
"Joint Permit Application" means the documents used by the
				  Virginia Marine Resources Commission, U.S. Army Corps of Engineers, Virginia
				  Department of Environmental Quality, and local wetland boards to evaluate
				  projects involving submerged beds, wetlands, and coastal primary sand dunes and
				  beaches for permit review.
"Utility line" means a cable or pipeline that conducts an
				  essential community service, including water, sewer, electricity,
				  telecommunications, natural gas, or other petroleum products.
Statutory Authority: §§
											28.2-103 and
					 28.2-1204 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1410 - UTILITY LINE ENCROACHMENTS BENEATH OR OVER STATE-OWNED SUBAQUEOUS BEDS › Section 4VAC20-1410-20 - Applicability and procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. An
				application shall only qualify for a general permit under this chapter if the
				applicant meets all of the following criteria:
1. The work is for the installation of an
				aerial or bored crossing for a public or private utility line.
2. No instream work is proposed on
				state-owned subaqueous beds as part of the submitted Joint Permit
				Application.
3. The applicant has
				submitted a complete Joint Permit Application and any supplemental information
				deemed necessary by the commissioner.
4. The project will not impact
				navigation.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1410 - UTILITY LINE ENCROACHMENTS BENEATH OR OVER STATE-OWNED SUBAQUEOUS BEDS › Form - FORMS (4VAC20-1410)

Current through Register Vol. 40, No. 24, July 15, 2024
Joint
				  Permit Application (rev. 8/2023)
Statutory Authority: §§
											28.2-103 and
					 28.2-1204 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part I - Purpose and Definitions › Section 4VAC25-11-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to promote public
					 involvement in the development, amendment or repeal of the regulations of the
					 Department of Energy. This chapter does not apply to regulations, guidelines,
					 or other documents exempted or excluded from the provisions of the
					 Administrative Process Act (§ 2.2-4000 et seq. of the Code of
					 Virginia).
Statutory Authority: § 45.2-103 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 4VAC25-11-30 - Notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall
				  maintain a list of persons who have requested to be notified of regulatory
				  actions being pursued by the agency.
B. Any person may request to be placed on a
				  notification list by registering as a public user on the Town Hall or by making
				  a request to the agency. Any person who requests to be placed on a notification
				  list shall elect to be notified either by electronic means or through a postal
				  carrier.
C. The agency may maintain
				  additional lists for persons who have requested to be informed of specific
				  regulatory issues, proposals, or actions.
D. When electronic mail is returned as
				  undeliverable on multiple occasions at least 24 hours apart, that person may be
				  deleted from the list. A single undeliverable message is insufficient cause to
				  delete the person from the list.
E.
				  When mail delivered by a postal carrier is returned as undeliverable on
				  multiple occasions, that person may be deleted from the list.
F. The agency may periodically request those
				  persons on the notification list to indicate their desire to either continue to
				  be notified electronically, receive documents through a postal carrier, or be
				  deleted from the list.
Statutory Authority
§§ 2.2-4007.02 and 45.1-161.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 4VAC25-11-40 - Information to be sent to persons on the notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. To persons
				  electing to receive electronic notification or notification through a postal
				  carrier as described in
				  4VAC25-11-30, the agency shall send
				  the following information:
1. A notice of
				  intended regulatory action (NOIRA).
2. A notice of the comment period on a
				  proposed, a reproposed, or a fast-track regulation and hyperlinks to, or
				  instructions on how to obtain, a copy of the regulation and any supporting
				  documents.
3. A notice soliciting
				  comment on a final regulation when the regulatory process has been extended
				  pursuant to § 2.2-4007.06 or 2.2-4013C of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 4VAC25-11-50 - Public comment

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
				  considering any nonemergency, nonexempt regulatory action, the agency shall
				  afford interested persons an opportunity to submit data, views, and arguments,
				  either orally or in writing, to the agency. Such opportunity to comment shall
				  include an online public comment forum on the Town Hall.
1. To any requesting person, the agency shall
				  provide copies of the statement of basis, purpose, substance, and issues; the
				  economic impact analysis of the proposed or fast-track regulatory action; and
				  the agency's response to public comments received.
2. The agency may begin crafting a regulatory
				  action prior to or during any opportunities it provides to the public to submit
				  comments.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 4VAC25-11-60 - Petition for rulemaking

Current through Register Vol. 40, No. 24, July 15, 2024
A. As
				  provided in § 2.2-4007 of the Code of Virginia, any person may petition
				  the agency to consider a regulatory action.
B. A petition shall include but is not
				  limited to the following information:
1. The
				  petitioner's name and contact information;
2. The substance and purpose of the
				  rulemaking that is requested, including reference to any applicable Virginia
				  Administrative Code sections; and
3. Reference to the legal authority of the
				  agency to take the action requested.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 4VAC25-11-70 - Appointment of regulatory advisory panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a regulatory
				  advisory panel (RAP) to provide professional specialization or technical
				  assistance when the agency determines that such expertise is necessary to
				  address a specific regulatory issue or action or when individuals indicate an
				  interest in working with the agency on a specific regulatory issue or
				  action.
B. Any person may request
				  the appointment of a RAP and request to participate in its activities. The
				  agency shall determine when a RAP shall be appointed and the composition of the
				  RAP.
C. A RAP may be dissolved by
				  the agency if:
1. The proposed text of the
				  regulation is posted on the Town Hall, published in the Virginia Register, or
				  such other time as the agency determines is appropriate; or
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 4VAC25-11-80 - Appointment of negotiated rulemaking panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a negotiated
				  rulemaking panel (NRP) if a regulatory action is expected to be
				  controversial.
B. An NRP that has
				  been appointed by the agency may be dissolved by the agency when:
1. There is no longer controversy associated
				  with the development of the regulation;
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act; or
3. The agency
				  determines that resolution of a controversy is unlikely.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 4VAC25-11-90 - Meetings

Current through Register Vol. 40, No. 24, July 15, 2024
Notice of any open meeting, including meetings of a RAP or
					 NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth
					 Calendar at least seven working days prior to the date of the meeting. The
					 exception to this requirement is any meeting held in accordance with §
					 2.2-3707D of the Code of Virginia allowing for contemporaneous notice to be
					 provided to participants and the public.
Statutory Authority
§§ 2.2-4007.02 and 45.1-161.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 4VAC25-11-100 - Public hearings on regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall indicate in its notice of
				  intended regulatory action whether it plans to hold a public hearing following
				  the publication of the proposed stage of the regulatory action.
B. The agency may conduct one or more public
				  hearings during the comment period following the publication of a proposed
				  regulatory action.
C. An agency is
				  required to hold a public hearing following the publication of the proposed
				  regulatory action when:
1. The agency's basic
				  law requires the agency to hold a public hearing;
2. The Governor directs the agency to hold a
				  public hearing; or
3. The agency
				  receives requests for a public hearing from at least 25 persons during the
				  public comment period following the publication of the notice of intended
				  regulatory action.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 4VAC25-11-110 - Periodic review of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall conduct a periodic review
				  of its regulations consistent with:
1. An
				  executive order issued by the Governor pursuant to § 2.2-4017 of the
				  Administrative Process Act to receive comment on all existing regulations as to
				  their effectiveness, efficiency, necessity, clarity, and cost of compliance;
				  and
2. The requirements in §
				  2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility
				  for small businesses.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 4VAC25-11-120 - Agency secretary for purpose of appeal

Current through Register Vol. 40, No. 24, July 15, 2024
For appeals of regulatory or case decisions, pursuant to
					 Rule 2A:2 of the Rules of the Supreme Court of Virginia, the agency herein
					 names individuals to perform the function of agency secretary.
1. For appeals relating to Chapter 5 (§
				  45.2-500 et seq.), 7 (§ 45.2-700 et seq.), 8 (§ 45.2-800 et seq.), or
				  9 (§ 45.2-900 et seq.) of Title 45.2 of the Code of Virginia, the division
				  head of the Division of Mines (Chief) shall perform the functions of agency
				  secretary.
2. For appeals relating
				  to Chapter 11 (§ 45.2-1100 et seq.), 12 (§ 45.2-1200 et seq.), 13
				  (§ 45.2-1300 et seq.), 14 (§ 45.2-1400 et seq.), or 15 (§
				  45.2-1500 et seq.) of Title 45.2 of the Code of Virginia, the division head of
				  the Division of Mineral Mining (Division Director) shall perform the functions
				  of agency secretary.
3. For appeals
				  relating to Chapter 16 (§ 45.2-1600 et seq.) or 20 (§ 45.2-2000 et
				  seq.) of Title 45.2 of the Code of Virginia, the division head of the Division
				  of Gas and Oil (Division Director) shall perform the functions of agency
				  secretary.
4. For appeals relating
				  to Chapter 10 (§ 45.2-1000 et seq.) of Title 45.2 of the Code of Virginia,
				  the division head of the Division of Mined Land Repurposing (division director)
				  shall perform the functions of agency secretary.
Statutory Authority: § 45.2-103 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 20 - BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS › Part I - General and Specific Requirements for Certification › Section 4VAC25-20-15 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms, when used in this chapter,
					 shall have the following meaning unless the context clearly indicates
					 otherwise:
"Appropriately related work experience" means work
					 experience which demonstrates the applicant's skill and level of responsibility
					 in performing tasks and prepares and equips him to perform in the capacity of a
					 certified person.
"BCME" means Board of Coal Mining Examiners.
"Chief" means the Chief of the Division of Mines.
" Department" means the Department of Energy.
"Division" means the Division of Mines.
"DMLR" means Division of Mined Land Repurposing.
"EMT" means emergency medical technician.
"GCM" means general coal miner.
"MSHA" means the Mine Safety and Health
					 Administration.
"Virginia coal mine safety regulations" means 4VAC25-60
					 through 4VAC25-125.
Statutory Authority: § 45.2-103 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 20 - BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS › Part I - General and Specific Requirements for Certification › Section 4VAC25-20-20 - General requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Applicants shall submit the Application for Certification Examination, Form
				  DM-BCME-1.
B. Applicants shall
				  submit the Verification of Work Experience Form DM-BCME-2 and documentation of
				  experience for approval by the chief if required for the certification. This
				  information shall be signed by a company official knowledgeable of the
				  experience of the applicant and shall be notarized.
C. Applicants shall submit a valid standard
				  or advanced first aid certificate or card, first responder card, MSHA Form
				  5000-23 with the new miner training or annual refresher portion completed, or
				  Emergency Medical Technician Certification except where noted. First aid shall
				  be a component of training and examination for all certifications issued by the
				  BCME.
D. Applicants shall submit
				  documentation of all degrees, continuing education, and other training if
				  required for certification.
E.
				  Applicants shall submit a $10 fee to take each examination or to retake all or
				  part of an examination.
F. The
				  Application for Certification Examination and the applicable fees shall be
				  submitted at least five working days prior to the examination.
G. Applicants shall fulfill the requirements
				  of this section and accumulate the required years of experience no later than
				  five years after passing the examination.
H. Those applicants not meeting the
				  requirements of subsection G of this section shall begin the application
				  process again, submitting a new application, taking the examination again, and
				  paying the fee. A work experience form shall only be submitted if the applicant
				  needs to update information.
I.
				  Certificate holders shall notify the division office within 90 days of a change
				  in their name, their mailing address, or the status of any certification
				  required by this chapter. Failure to do so may prevent the division from
				  notifying the certificate holder of the certification requirements. The last
				  known address reported to the division will be used to mail notices and
				  information.
Statutory Authority
§§ 45.1-161.28, 45.1-161.29, and 45.1-161.34
						of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 20 - BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS › Part I - General and Specific Requirements for Certification › Section 4VAC25-20-30 - Examination requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Applicants for first class mine foreman, surface foreman, surface blaster, and
				  underground shot firer certifications shall score at least 85% on each section
				  of the written examination. Applicants for all other certifications shall score
				  at least 80% on each section of the written examination.
B. If all or part of an examination is
				  failed, then the applicant shall wait at least 10 working days after the
				  notification letter has been sent before retaking the failed section or
				  sections.
C. If a section of the
				  examination is failed a second time, then the applicant shall wait at least 10
				  working days after the notification letter has been sent before retaking the
				  entire examination.
D. If the
				  examination is failed on the third try, then the applicant shall wait the
				  greater of one year from the date of the first examination or 10 working days
				  after the notification letter has been sent before he may begin the examination
				  cycle again.
E. If one year passes
				  prior to the third take of the examination, the certification cycle shall start
				  over with a new application, fee, and examination. A work experience form shall
				  only be submitted if the applicant needs to update information.
F. An examination may not be taken more than
				  three times in one year. If a person fails any section or sections of a
				  segmented underground mine foreman or electrical repairman examination, then
				  the second take of the exam shall include only those sections failed during the
				  first take and shall be given only after the person has completed the first
				  take of all exam segments. If a person fails any section during the second take
				  of the exam, then the person shall take the complete examination for the third
				  take of the exam.
G. Applicants for
				  certifications shall also pass the gas detection examination unless already
				  certified in gas detection except as noted in the certification requirements in
				  Part II (4VAC25-20-50 et seq.) of this
				  chapter.
Statutory Authority
§§ 45.1-161.28, 45.1-161.29, and 45.1-161.34
						of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 20 - BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS › Part I - General and Specific Requirements for Certification › Section 4VAC25-20-40 - Requirements for reciprocity

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Reciprocity shall be available for persons certified by states which accept the
				  corresponding Virginia certifications and whose certification requirements are
				  substantially equivalent to Virginia's.
B. If reciprocity is requested by a person
				  certified in another state which accepts the corresponding Virginia
				  certification, a current copy of the pocket card or certificate, and
				  documentation from the other state shall be submitted in addition to fulfilling
				  the requirements in
				  4VAC25-20-20 and meeting other
				  conditions established in the reciprocity agreement between the two states.
				  These conditions shall at a minimum include the following:
1. Applicants for electrical reciprocity must
				  pass the practical and the mine electrical records sections of the Virginia
				  exam.
2. Applicants for mine
				  foreman must take the Virginia Mining Law and Mine Records sections of the
				  Virginia exam.
3. Applicants for
				  advanced first aid who hold a current mine emergency technician certification
				  from another state must take the eight hours of training with regard to
				  recertification of CPR and the elements relevant to the advanced first aid
				  program in Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 20 - BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS › Part I - General and Specific Requirements for Certification › Section 4VAC25-20-45 - Approval of continuing education programs and sponsors

Current through Register Vol. 40, No. 24, July 15, 2024
A. Colleges, universities, training
				  companies, manufacturers, operators, other organizations and persons who wish
				  to sponsor a continuing education program shall submit information to the chief
				  which explains how their program will meet the requirements outlined in this
				  chapter. The request shall include a description of the proposed training, the
				  instructor's name and certification numbers, and the tentative schedule and
				  location. Applicants approved to provide training shall notify the division of
				  the final schedule as soon as is practical.
B. Applicants who wish to have continuing
				  education approved for credit shall submit information to the chief which
				  explains how the training they attended meets the requirements outlined in this
				  chapter. The request shall include a description of the training, the
				  instructors name and certification numbers, and the date, time and location of
				  the training.
C. The chief shall
				  notify the applicant in writing of his decision to approve or disapprove the
				  training.
Statutory Authority
§§ 45.1-161.28, 45.1-161.29, 45.1-161.34 and
						45.1-161.35 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 20 - BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS › Part II - Certification Requirements › Section 4VAC25-20-50 - Underground mine foreman

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Applicants shall possess five years mining experience, three of which shall be
				  underground, and shall pass the underground mine foreman, map, and gas
				  detection examinations.
B.
				  Applicants shall be given three years credit for a degree in mining engineering
				  from an approved four-year college or two years credit for a degree in mining
				  technology.
C. Applicants shall be
				  at least 23 years of age.
D.
				  Certified mine foremen shall complete the continuing education requirements in
				  this section within two years from the date of their certification and every
				  two years thereafter. The holder of the certificate shall submit documentation
				  to the division indicating the required continuing education has been completed
				  prior to these deadlines.
E. The
				  holder of the certificate, in order to receive continuing education credit,
				  shall satisfactorily complete an underground mine foreman continuing education
				  course approved by the chief and taught by a certified instructor or other
				  instructor approved by the chief.
F. The underground mine foreman shall
				  complete at least four hours of continuing education every two years.
G. The content of the continuing education
				  course shall include the:
1. Coal Mine Safety
				  Act, Chapter 5 (§ 45.2-500 et seq.) of Title 45.2 of the Code of
				  Virginia;
2. Virginia coal mine
				  safety regulations;
3.
				  Responsibilities of underground mine foreman;
4. Virginia coal mine safety policies and
				  division operators' memos; and
5.
				  Review of fatalities and accident trends in Virginia underground coal
				  mines.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 20 - BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS › Part II - Certification Requirements › Section 4VAC25-20-60 - First class shaft or slope foreman

Current through Register Vol. 40, No. 24, July 15, 2024
A. Applicants shall possess five years mining
				  work experience at a shaft or slope or appropriately related work experience
				  approved by the chief.
B.
				  Applicants shall pass the first class shaft or slope foreman and gas detection
				  examinations.
C. Applicants may be
				  given three years credit for a degree in mining engineering or two years credit
				  for a degree in mining technology.
Statutory Authority
§§ 45.1-161.28, 45.1-161.29, 45.1-161.34 and
						45.1-161.35 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 20 - BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS › Part II - Certification Requirements › Section 4VAC25-20-70 - Surface mine foreman

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Applicants shall possess five years of surface coal mining
				  experience.
B. Applicants shall
				  pass the surface mine foreman, first aid, and gas detection
				  examinations.
C. Certified persons
				  shall complete the continuing education requirements in this section within two
				  years from the date of their certification and every two years thereafter. The
				  holder of the certificate shall submit documentation to the division indicating
				  the required continuing education has been completed prior to these
				  deadlines.
D. The holder of the
				  certificate, in order to receive continuing education credit, shall
				  satisfactorily complete a surface mine foreman continuing education course
				  approved by the chief and taught by a certified instructor or other instructor
				  approved by the chief.
E. The
				  surface mine foreman shall complete at least four hours of continuing education
				  every two years.
F. The content of
				  the continuing education course shall include the:
1. Coal Mine Safety Act, Chapter 5 (§
				  45.2-500 et seq.) of Title 45.2 of the Code of Virginia;
2. Virginia coal mine safety
				  regulations;
3. Responsibilities of
				  surface mine foreman;
4. Virginia
				  coal mine safety policies and division operators' memos; and
5. Review of fatalities and accident trends
				  in Virginia surface coal mines.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 20 - BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS › Part II - Certification Requirements › Section 4VAC25-20-80 - Surface blaster

Current through Register Vol. 40, No. 24, July 15, 2024
A. Applicants
				  shall possess one year blasting experience on a surface mine under the
				  direction of a certified surface blaster or appropriately related work
				  experience approved by the chief.
B. Applicants shall pass the surface blaster
				  examination and the endorsement section of the examination required by the DMLR
				  and meet any corresponding DMLR requirements in 4VAC25-130-850.14. The gas
				  detection examination is not required.
C. Certified surface blasters must be
				  recertified in accordance with the DMLR requirements in 4VAC25-130-850.15. To
				  remain certified, a blaster shall be recertified every five years by:
1. Presenting written proof that he has
				  demonstrated blasting competency in his work during two of the last three years
				  immediately preceding the expiration date; or
2. Retaking and passing the mined land
				  reclamation portion of the blaster exam.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 20 - BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS › Part II - Certification Requirements › Section 4VAC25-20-90 - Underground shot firer

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Applicants shall possess two years coal mining experience underground, one year
				  of the two years shall have included handling and using explosives underground
				  under the direction of a certified underground shot firer, or appropriately
				  related work experience approved by the chief.
B. Applicants shall pass the underground shot
				  firer and gas detection examinations.
C. Beginning August 25, 2005, a certified
				  underground shot firer must be recertified every five years by:
1. Presenting written proof that he has
				  performed underground blasting duties in his work during two of the last three
				  years immediately preceding the expiration date;
2. Retaking and passing the underground shot
				  firer examination; or
3. Presenting
				  verification of completion of underground mine foreman or other continuing
				  education that included underground blasting safety training.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 20 - BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS › Part II - Certification Requirements › Section 4VAC25-20-100 - Underground electrical repairman

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Applicants shall possess one year of electrical experience in underground coal
				  mining under the direction of a certified underground electrical repairman or
				  appropriately related work experience approved by the chief.
B. Applicants shall pass the underground
				  electrical repairman and gas detection examinations.
C. Applicants may be given six months credit
				  for electrical educational training from a college, technical school, or
				  vocational school.
D. Applicants
				  who are certified may perform electrical work at underground
				  locations.
E. Continuing education
				  requirements.
1. An underground electrical
				  repairman certification shall remain valid if the certified person meets the
				  MSHA annual electrical retraining requirements (
				  30 CFR
				  75.153(g) ).
2. Submission of a copy of documentation sent
				  to MSHA shall be acceptable to meet this requirement.
3. If a certificate expires because the
				  certificate holder fails to complete the electrical retraining requirements,
				  then the holder of the expired certificate shall meet requirements of Part I
				  (4VAC25-20-10 et seq.) of this
				  chapter and pass the electrical repairman examination prior to reinstatement of
				  certification by the board.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 20 - BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS › Part II - Certification Requirements › Section 4VAC25-20-110 - Surface electrical repairman

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Applicants shall possess one year of electrical experience in surface coal
				  mining under the direction of a certified surface electrical repairman or
				  appropriately related work experience approved by the chief.
B. Applicants shall pass the surface
				  electrical repairman and gas detection examinations.
C. Applicants may be given six months credit
				  for electrical educational training from a college, technical school, or
				  vocational school.
D. Applicants
				  who are certified may perform electrical work at surface locations
				  only.
E. Continuing education
				  requirements.
1. A surface electrical
				  repairman certification shall remain valid if the certified person meets the
				  MSHA annual electrical retraining requirements (
				  30 CFR
				  77.103(g) ).
2. Submission of a copy of documentation sent
				  to MSHA shall be acceptable to meet this requirement.
3. If a certificate expires because the
				  certificate holder fails to complete the retraining requirements, then the
				  holder of the expired certificate shall meet requirements of Part I
				  (4VAC25-20-10 et seq.) of this
				  chapter and pass the surface electrical repairman examination prior to
				  reinstatement of certification by the board.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 20 - BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS › Part II - Certification Requirements › Section 4VAC25-20-120 - Electrical maintenance foreman (surface and underground)

Current through Register Vol. 40, No. 24, July 15, 2024
A. Applicants shall hold a valid electrical
				  repairman certification prior to being eligible to take the appropriate
				  electrical maintenance foreman examination and shall pass the appropriate
				  electrical maintenance foreman examination.
B. Applicants shall possess three years
				  electrical experience as applied to underground mining or appropriately related
				  work experience approved by the chief.
C. Applicants may be given one year credit
				  for an electrical engineering degree, or six months credit for electrical
				  education training from a technical or vocational school.
D. Applicants who become certified may
				  perform electrical work at surface and underground locations.
E. Applicants must meet continuing education
				  requirements in subsection E of
				  4VAC25-20-100 for an electrical
				  repairman.
Statutory Authority
§§ 45.1-161.28, 45.1-161.29, 45.1-161.34 and
						45.1-161.35 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 20 - BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS › Part II - Certification Requirements › Section 4VAC25-20-125 - Electrical maintenance foreman (surface)

Current through Register Vol. 40, No. 24, July 15, 2024
A. Applicants shall hold a valid electrical
				  repairman certification prior to being eligible to take the appropriate
				  electrical maintenance foreman examination and shall pass the electrical
				  maintenance foreman examination.
B.
				  Applicants shall possess three years electrical experience as applied to
				  surface mining or appropriately related work experience approved by the
				  chief.
C. Applicants may be given
				  one year credit for an electrical engineering degree, or six months credit for
				  electrical education training from a technical or vocational school.
D. Applicants who become certified may
				  perform electrical work at surface locations only.
E. Applicants must meet continuing education
				  requirements in subsection E of
				  4VAC25-20-100 for an electrical
				  repairman.
Statutory Authority
§§ 45.1-161.28, 45.1-161.29, 45.1-161.34 and
						45.1-161.35 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 20 - BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS › Part II - Certification Requirements › Section 4VAC25-20-129 - Chief electrician (surface and underground)

Current through Register Vol. 40, No. 24, July 15, 2024
A. Applicants shall hold a valid electrical
				  repairman and electrical maintenance foreman certification prior to being
				  eligible to take the chief electrician examination and shall pass the
				  appropriate chief electrician examination.
B. Applicants shall possess five years
				  electrical experience or appropriately related work experience approved by the
				  chief and shall meet continuing education requirements in subsection E of
				  4VAC25-20-100 for an electrical
				  repairman.
C. Applicants who become
				  certified may perform electrical work at surface and underground
				  locations.
Statutory Authority
§§ 45.1-161.28, 45.1-161.29, 45.1-161.34 and
						45.1-161.35 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 20 - BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS › Part II - Certification Requirements › Section 4VAC25-20-130 - Chief electrician (surface)

Current through Register Vol. 40, No. 24, July 15, 2024
A. Applicants shall hold a valid electrical
				  repairman and electrical maintenance foreman certification prior to being
				  eligible to take the chief electrician examination and shall pass the
				  appropriate chief electrician examination.
B. Applicants shall possess five years
				  electrical experience or appropriately related work experience approved by the
				  chief and shall meet continuing education requirements in subsection E of
				  4VAC25-20-100 for an electrical
				  repairman.
C. Applicants who become
				  certified may perform electrical work at surface locations only.
Statutory Authority
§§ 45.1-161.28, 45.1-161.29, 45.1-161.34 and
						45.1-161.35 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 20 - BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS › Part II - Certification Requirements › Section 4VAC25-20-140 - Hoisting engineer

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Applicants shall possess two years of practical mining experience and one year
				  of hoisting experience under the direction of a certified hoisting engineer or
				  appropriately related work experience approved by the chief. A certified
				  hoisting engineer shall verify the hoisting experience.
B. The applicant shall pass the hoisting
				  engineer and gas detection examinations.
C. After the examination has been
				  successfully completed, the applicant shall obtain written permission from a
				  mine official to have a representative from the division observe the
				  applicant's operation of hoisting equipment at the mine. Permission shall be on
				  company stationery, signed by the company official, and submitted to the
				  division.
D. A certified hoisting
				  engineer may act as an automatic elevator operator after completing the on-site
				  demonstration required by
				  4VAC25-20-240
				  C.
E. A hoisting engineer must be
				  recertified every five years by:
1. Presenting
				  written proof that he has performed hoisting engineer duties in his work during
				  two of the last three years immediately preceding the expiration date;
				  or
2. Retaking and passing the
				  practical demonstration section of the hoisting engineer examination and
				  meeting requirements of subsection C of this section.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 20 - BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS › Part II - Certification Requirements › Section 4VAC25-20-150 - Top person

Current through Register Vol. 40, No. 24, July 15, 2024
A. Applicants
				  shall possess one year of practical mining experience with at least 30 days
				  under the direction of a certified top person or appropriately related work
				  experience approved by the chief.
B. Applicants shall pass the top person,
				  first aid, and gas detection examinations.
C. This certification shall not be used in
				  lieu of any other certification.
Statutory Authority
§§ 45.1-161.28, 45.1-161.29, 45.1-161.34 and
						45.1-161.35 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 20 - BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS › Part II - Certification Requirements › Section 4VAC25-20-160 - Preparation plant foreman

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Applicants shall possess five years coal mining experience, at least one year
				  shall be at a preparation plant, or appropriately related work experience
				  approved by the chief.
B.
				  Applicants shall pass the preparation plant foreman and gas detection
				  examinations.
C. Applicants may be
				  given three years credit for a degree in mining engineering or two years credit
				  for a degree in mining technology.
Statutory Authority
§§ 45.1-161.28, 45.1-161.29, 45.1-161.34 and
						45.1-161.35 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 20 - BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS › Part II - Certification Requirements › Section 4VAC25-20-170 - Dock foreman

Current through Register Vol. 40, No. 24, July 15, 2024
A. Applicants
				  shall possess one year experience at a dock or appropriately related work
				  experience approved by the chief.
B. Applicants shall pass the dock foreman and
				  gas detection examinations.
C. This
				  certification shall not be used in lieu of any other certification.
Statutory Authority
§§ 45.1-161.28, 45.1-161.29, 45.1-161.34 and
						45.1-161.35 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 20 - BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS › Part II - Certification Requirements › Section 4VAC25-20-180 - Underground mine inspector

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Applicants shall possess mining experience as described in § 45.2-512 of
				  the Code of Virginia.
B. Applicants
				  shall be given three years credit for a degree in mining engineering from an
				  approved four-year college.
C.
				  Applicants shall hold a valid Underground Mine Foreman Certificate.
D. Applicants shall meet the continuing
				  education requirements of
				  4VAC25-20-50
				  for underground mine foreman.
E.
				  Applicants shall pass the underground mine inspector examination.
F. A certificate will not be issued until an
				  applicant is employed by the department and shall only remain valid while the
				  person is employed by the department.
Statutory Authority: § 45.2-103 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 20 - BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS › Part II - Certification Requirements › Section 4VAC25-20-185 - Surface mine inspector

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Applicants shall possess mining experience as described in § 45.2-512 of
				  the Code of Virginia.
B. Applicants
				  shall be given three years credit for a degree in mining engineering from an
				  approved four-year college.
C.
				  Applicants shall hold a valid Surface Mine Foreman Certificate.
D. Applicants shall meet the continuing
				  education requirements of
				  4VAC25-20-70
				  for surface mine foreman.
E.
				  Applicants shall pass the surface mine inspector examination.
F. A certificate will not be issued until an
				  applicant is employed by the department and shall only remain valid while the
				  person is employed by the department.
G. Applicants who already possess a valid
				  underground mine inspector certification pursuant to
				  4VAC25-20-180
				  shall be deemed to have met the requirements of this section.
Statutory Authority: § 45.2-103 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 20 - BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS › Part II - Certification Requirements › Section 4VAC25-20-190 - Underground diesel engine mechanic

Current through Register Vol. 40, No. 24, July 15, 2024
A. All maintenance work performed on diesel
				  engines used to power equipment in underground coal mines shall be performed
				  by, or under the direct supervision of, a person possessing a Diesel Engine
				  Mechanic Certificate issued by the BCME. In addition, no operator of an
				  underground coal mine in the Commonwealth of Virginia may use diesel-powered
				  equipment in the mine without first employing a diesel engine mechanic who is
				  certified by the BCME.
B.
				  "Maintenance" shall include all of the tasks required to be performed routinely
				  to ensure that the engine exhaust emissions conform with the requirements of
				  the laws and regulations of Virginia and MSHA, and with the maintenance
				  recommendations of the manufacturer of the engine.
C. Applicants shall possess six months
				  experience as a diesel engine mechanic, complete a diesel engine mechanic
				  course approved by the division, or possess appropriately related work
				  experience approved by the chief. A one-year diesel engine mechanic program
				  approved by the division may be substituted for the diesel engine mechanic
				  experience.
D. Applicants shall
				  pass the underground diesel engine mechanic, first aid, and gas detection
				  examinations.
E. The initial
				  training course for diesel engine mechanics shall include at least 32 hours of
				  classroom instruction and be taught by a certified instructor.
F. To qualify for approval by the chief, the
				  content of the initial training course for diesel engine mechanics shall
				  include, but is not limited to:
1. Diesel
				  engine principles;
2. Diesel fuel
				  and fuel systems;
3. Engine exhaust
				  systems;
4. State and federal
				  diesel laws and regulations;
5.
				  Safe use of equipment;
6. Emission
				  controls, testing procedures and recordkeeping; and
7. Protection of health of workers exposed to
				  diesel equipment.