reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0004 - Mining Inspector › Chapter 5 - SURFACE COAL MINES › Subpart T - Slope and Shaft Sinking › Section 77.1914 - Electrical equipment

Current through July 13, 2024
(a) Electric
				  equipment employed below the collar of a slope or shaft during excavation shall
				  be permissible and shall be maintained in a permissible condition.
(b) The insulation of all electric conductors
				  employed below the collar of any slope or shaft during excavation shall be of
				  the flame resistant type.
(c) Only
				  lamps and portable flood lights approved by the Bureau of Mines or the Mine
				  Safety and Health Administration under Part 19 and Part 20 of this chapter
				  (Bureau of Mines Schedules 6D and 10C) shall be employed below the collar of
				  any slope or shaft.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0004 - Mining Inspector › Chapter 5 - SURFACE COAL MINES › Subpart T - Slope and Shaft Sinking › Section 77.1915 - Storage and handling of combustible materials

Current through July 13, 2024
(a)
				  Compressed and liquefied gas, oil, gasoline, and other petroleum products shall
				  not be stored within 100 feet of any slope or shaft opening.
(b) Other combustible material and supplies
				  shall not be stored within 25 feet of any slope or shaft opening.
(c) Pyritic slates, bony coal, culm or other
				  material capable of spontaneous combustion shall not be used for fill or as
				  surfacing material within 100 feet of any slope or shaft opening.
(d) Areas surrounding the opening of each
				  slope or shaft shall be constructed to insure the drainage of flammable liquids
				  away from the slope or shaft in the event of spillage.
(e) Oily rags, waste, waste paper, and other
				  combustible waste material disposed of in the vicinity of any slope or shaft
				  opening shall be stored in closed containers until removed from the
				  area.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0004 - Mining Inspector › Chapter 5 - SURFACE COAL MINES › Subpart T - Slope and Shaft Sinking › Section 77.1916 - Welding, cutting, and soldering; fire protection

Current through July 13, 2024
(a) One portable fire extinguisher shall be
				  provided where welding, cutting, or soldering with arc or flame is
				  performed.
(b) Welding, cutting, or
				  soldering with arc or flame within or in the vicinity of any slope or shaft,
				  except where such operations are performed in fireproof enclosures, shall be
				  done under the supervision of a qualified person who shall make a diligent
				  search within or in the vicinity of the slope or shaft for fire during and
				  after such operations.
(c) Before
				  welding, cutting, or soldering is performed in any slope or shaft designed to
				  penetrate into any coalbed below the surface, an examination for methane shall
				  be made by a qualified person with a device approved by the Secretary for
				  detecting methane. Examination for methane shall be made immediately before and
				  periodically during welding, cutting, or soldering and such work shall not be
				  permitted to commence or continue in air which contains 1.0 volume per centum
				  or more of methane.
(d)
				  Noncombustible barriers shall be installed below welding, cutting, or soldering
				  operations in or over a shaft.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0004 - Mining Inspector › Chapter 5 - SURFACE COAL MINES › Subpart U - Approved Books and Records [Reserved]

Current through July 13, 2024
36 FR 9364, 5/22/1971,
				  unless otherwise noted.
30 U.S.C.
					 811, 957, and 961.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0004 - Mining Inspector › Chapter 6 - QUALIFIED PERSON CERTIFICATION RULES › Section 6-1 - Authority

Current through July 13, 2024
The State Mine Inspector, pursuant to W.S. §
									
										30-2-205(a), is authorized
				  to promulgate rules and regulations governing the certification of those
				  persons testing for flammable gas in underground gassy mines in
				  Wyoming.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0004 - Mining Inspector › Chapter 6 - QUALIFIED PERSON CERTIFICATION RULES › Section 6-2 - Definitions

Current through July 13, 2024
(a)
Hands-on
				Experience:
Shall mean practical work experience involving the
				mining of the mineral in an underground gassy mine.
(b)
Metal/Non Metal
				Mine:
Shall mean any mine other than a coal mine and shall exclude
				the surface area of a metal/non metal mine.
(c)
Underground Coal
				Mine:
Shall mean an actual underground coal mine and shall exclude
				the surface area of an underground coal mine.
(d)
Gassy Underground
				Mine:
Shall mean any underground mine that has been designated as
				a gassy mine by the State Mine Inspector or the Mine Health and Safety
				Administration.
(e)
Qualified Person:
Shall mean a person qualified by
				means of the proper certification issued by the council or by means of training
				and practical demonstration of ability to the inspector or the Mine Health and
				Safety Administration (MSHA).
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0004 - Mining Inspector › Chapter 6 - QUALIFIED PERSON CERTIFICATION RULES › Section 6-3 - Certification Required

Current through July 13, 2024
(a) No individual
				shall perform the act of testing for flammable gas, as required by W.S. §
									
										30-3-304(c), at or beyond
				the last open crosscut, in any gassy underground mine, unless certified as a
				qualified person by the Mining Council, the State Mine Inspector or the Mine
				Health and Safety Administration (MSHA).
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0004 - Mining Inspector › Chapter 6 - QUALIFIED PERSON CERTIFICATION RULES › Section 6-4 - Training Requirement

Current through July 13, 2024
(a) An applicant
				for qualified person certification, as required by W.S. §
									
										30-3-304(c), must show proof
				of having successfully completed training in the following subject areas. For
				proof of training the applicant must have MSHA Form 5000-23 which documents the
				training and is signed by the trainer who gave the training.
(1) The properties of methane including, the
				explosive limits, specific gravity and physical properties.
(2) The procedures for properly testing for
				methane.
(3) Working limits in a
				methane atmosphere, action requirements and statutory requirements for elevated
				levels of methane.
(4) The proper
				use and care of the methane detector.
(5) The minimum ventilation requirements at
				and beyond the last open crosscut and at the face areas of a gassy mine as
				defined by Wyoming Mining Laws, W.S. §
										
											30-3-501 through W.S. §
										
											30-3-503, and the General Mine Safety Rules,
				Chapter Three, Subpart T.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0004 - Mining Inspector › Chapter 6 - QUALIFIED PERSON CERTIFICATION RULES › Section 6-7 - Application Requirement

Current through July 13, 2024
(a) An applicant
				for a qualified person certificate must file an application with the State Mine
				Inspector. The applicant shall furnish all information called for by the
				application form and any other supplemental information as shall be requested
				by the State Mine Inspector.
(b) An
				applicant may submit an application for a certification at anytime that he or
				she meets the training and experience requirements.
(c) Each application, when filed, shall be
				accompanied by a MSHA Form 5000-23 which documents the training and is signed
				by the instructor who gave the training.
(d) An applicant may withdraw his/her
				application for certification by written request to the State Mine Inspector.
				In such cases the applicant may reapply anytime in the future by submitting the
				proper application.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0004 - Mining Inspector › Chapter 6 - QUALIFIED PERSON CERTIFICATION RULES › Section 6-8 - Certification Examination

Current through July 13, 2024
(a) An applicant
				must meet all of the requirements set forth in these rules before applying to
				take the qualified person certification examination.
(b) The certification examination shall be
				administered at the convenience of the State Mine Inspector. Each applicant
				shall provide their own approved gas detection instrument, to be used by the
				applicant, during the practical demonstration.
(c) The certification examination shall
				consist of a practical demonstration of ability. The practical demonstration
				may cover the subjects listed in Section
				4 of these rules.
(d) The practical demonstration of ability
				shall be administered by the State Mine Inspector or his deputies.
(e) The practical demonstration shall be
				graded using a check list of pertinent points that must be successfully
				demonstrated.
(f) To pass the
				practical demonstration the applicant must successfully demonstrate a minimum
				of 75% (seventy-five percent) of the pertinent points on the practical
				demonstration check list.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0004 - Mining Inspector › Chapter 6 - QUALIFIED PERSON CERTIFICATION RULES › Section 6-9 - Notification of Results

Current through July 13, 2024
(a) An applicant
				shall be notified, through the U.S. Mail, of the his/her examination results
				within thirty (30) days of applicant's examination date.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0004 - Mining Inspector › Chapter 6 - QUALIFIED PERSON CERTIFICATION RULES › Section 6-10 - Reexamination

Current through July 13, 2024
(a) An applicant who has failed the qualified
				person certification examination shall be required to reapply before being
				permitted to retake the examination.
(b) An applicant, who has failed and applies
				to retake the examination, shall be required to retake the practical
				demonstration of ability examination.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0004 - Mining Inspector › Chapter 7 - CONTRACTOR CERTIFIED PERSON RULE › Section 7-1 - Authority

Current through July 13, 2024
(a) The State Mine Inspector, pursuant to
				W.S.
				30-2-205(a), is authorized
				to promulgate rules and regulations governing the certification of those
				persons performing a work place examination at a surface coal mine in the State
				of Wyoming.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0004 - Mining Inspector › Chapter 7 - CONTRACTOR CERTIFIED PERSON RULE › Section 7-2 - Definitions

Current through July 13, 2024
(a) "Contractor certified person" means a
				person who is a contractor employee that is certified by the State Mining
				Council or the Certified Person Certificate issued by the Mine Safety and
				Health Administration.
(b)
				"Contractor employee" means any miner working at a surface coal mine who is not
				an employee of the mine operator.
(c) "Hands-on experience" means work
				experience involving the type of work activities that the contractor employee
				performs at a surface coal mine.
(d) "Surface coal mine" means any surface
				work areas of a surface coal mine.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0004 - Mining Inspector › Chapter 7 - CONTRACTOR CERTIFIED PERSON RULE › Section 7-3 - Certification Required

Current through July 13, 2024
(a) No contractor
				employee shall perform workplace examinations at a surface coal mine and record
				results unless certified by the State Mining Council, or the Certified Person
				Certificate issued by the Mine Safety and Health Administration.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0004 - Mining Inspector › Chapter 7 - CONTRACTOR CERTIFIED PERSON RULE › Section 7-4 - Training Requirements

Current through July 13, 2024
(a) Contractors
				shall perform training necessary for applicant certification. An applicant must
				show proof of having successfully completed training in the following subject
				areas:
(i) general safety rules for surface
				coal mines;
(ii) fire
				protection;
(iii) duties of
				certified person;
(iv) personal
				protective equipment;
(v) methane
				and oxygen detection;
(vi) basic
				first aid.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0004 - Mining Inspector › Chapter 7 - CONTRACTOR CERTIFIED PERSON RULE › Section 7-5 - Contractor Certified Person Requirements

Current through July 13, 2024
(a) To take the
				contractor certified person examination, an applicant is required to be
				employed as a contractor employee. The applicant must have a minimum of two (2)
				years hands-on experience.
(b) An
				applicant for a contractor certified person certificate must successfully
				complete a written and practical demonstration of ability examination
				administered by the State Mine Inspector or Deputy Inspector.
(c) An applicant for a contractor certified
				person certificate must file an application with the State Mine Inspector. The
				applicant shall furnish all information called for by the application form and
				any other supplemental information as required by the State Mine
				Inspector.
(d) An applicant may
				submit an application for certification at anytime that he or she meets the
				training and experience requirements.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0004 - Mining Inspector › Chapter 7 - CONTRACTOR CERTIFIED PERSON RULE › Section 7-6 - Certification Examination

Current through July 13, 2024
(a) An applicant
				must meet all of the requirements set forth in Section
				5 of this rule before applying to take the
				contractor certified person examination.
(b) The certification examination shall be
				administered by the State Mine Inspector or his deputies.
(c) The certification examination shall be
				administered at the convenience of the State Mine Inspector.
(d) The certification examination shall
				consist of a practical demonstration of ability and a written examination. The
				certification examination will cover the subject areas listed in Section
				4 of this rule.
(e) The practical examination shall be graded
				using a checklist of pertinent points that must be successfully
				demonstrated.
(f) To pass the
				certification examination the applicant must achieve a minimum score of seventy
				five (75%) on both the practical demonstration and the written
				examination.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0004 - Mining Inspector › Chapter 7 - CONTRACTOR CERTIFIED PERSON RULE › Section 7-7 - Notification of Results

Current through July 13, 2024
(a) An applicant
				shall be notified through the U.S. Mail, of his or her certification
				examination results within thirty (30) days of the applicant's examination
				date.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0004 - Mining Inspector › Chapter 7 - CONTRACTOR CERTIFIED PERSON RULE › Section 7-9 - Certification Examination Review Procedure

Current through July 13, 2024
(a) An
				applicant may review his or her certification examination results at the State
				Mine Inspector's office or at any of the field offices of the State Mine
				Inspector during regular business hours.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0005 - Mining Council › Chapter 1 - EXAMINATION FOR CERTIFICATES › Section 1-1 - Authority

Current through July 13, 2024
These rules of the State Mining Council are promulgated as
				  written pursuant to W.S. §
									
										30-2-301(b) and W.S. §
									
										30-2-309(e)
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0005 - Mining Council › Chapter 1 - EXAMINATION FOR CERTIFICATES › Section 1-2 - Definitions

Current through July 13, 2024
(a) Mining the mineral: Shall mean the
				extraction of the mineral, the removal of overburden or the removal of waste
				rock in an underground mine.
(b)
				Practical work of a hands-on nature: Shall mean work that directly contributes
				to the extraction of the mineral, the removal of overburden or the removal of
				waste rock in an underground mine.
(c) Directly related to the hazards involve d
				in the type of mine: Shall mean actual work performed at or near the point of
				extraction of the mineral, the removal of overburden or the removal of waste
				rock in an underground mine.
(d)
				Type of mine: shall mean a surface or underground mine.
(e) Industry similar in nature to mining
				shall mean: an industry whose required skills are applicable and readily
				transferable to the mining industry with a minimal amount of retraining. Such
				industries include but, are not limited to, industrial electricians, industrial
				mechanics, heavy equipment operators and surveyors.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0005 - Mining Council › Chapter 1 - EXAMINATION FOR CERTIFICATES › Section 1-3 - Types Of Certifications

Current through July 13, 2024
(a) For the purpose
				of awarding mine examiner and mine foreman certificates by examination pursuant
				to W.S. §
									§
									
										30-2-306 through W.S. §
									
										30-2-312, the State Mining Council shall
				classify applicants according to their experience in the following types of
				mines:
(i) Surface Mines
(A) Coal
(B) Metal or Non-Metal
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0005 - Mining Council › Chapter 1 - EXAMINATION FOR CERTIFICATES › Section 1-5 - Examination Policies

Current through July 13, 2024
(a) Application
				fees are non-refundable after applications for examination are accepted by the
				State Mining Council.
(b)
				Examination fees shall be determined by the State Mining Council each year, by
				dividing the cost of the prior year's examinations by the number of exam
				applications accepted for the prior year's examination.
(c) Examination fee shall be set by June 1 of
				each calendar year for the next examination year.
(d) Applicants must meet all qualification
				requirements by April 1 of the examination year. The State Inspector of Mines
				will review applications to verify experience. Any that he has a concern with
				will be brought before the State Mining Council for review and final
				determination of eligibility. The State Mining Council shall vote to accept all
				applicants that meet the qualification criteria.
(e) The dates, places and times of each exam
				shall be published in the newspaper nearest to the location where the exams are
				to be held and by posting the published notice at all mines where applicants
				are employed.
(f) The hours of
				examination shall be from 8:00 a.m. until 4:00 p.m. on each day stated in the
				published notices. Hours of testing will be posted at each testing
				site.
(g) The State Inspector of
				Mines shall prepare all examination packets for each qualified applicant from
				subject matter provided by the State Mining Council.
(h) Examination materials shall be
				safeguarded against disclosure to unauthorized personnel. Examinations shall
				remain in the custody of the State Inspector of Mines or members of the State
				Mining Council.
(i) The State
				Mining Council will periodically review examinations to assure current and
				applicable subject matter.
(j) The
				test packets will be marked with the applicants assigned identification number
				and the last four digits of the applicant's Social Security Number. The State
				Inspector of Mines shall assign the identification numbers.
(k) A cover sheet, or sheets, for all
				examinations will be provided that will give a written description of how the
				test scoring is weighted, procedures governing conduct and examination rules.
				The examinee is required to sign, affix the designated test number and date
				this sheet. This sheet shall be turned in separately from the examination
				packet when the testing is completed. This sheet will also list the complete
				contents of the testing packet and the examinee will be required to acknowledge
				receipt of the contents.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0005 - Mining Council › Chapter 1 - EXAMINATION FOR CERTIFICATES › Section 1-6 - Grading Procedures

Current through July 13, 2024
(a) A total
				weighted average score will be used to determine the final grade.
(b) Examinations will be graded by a member
				of the State Mining Council using an answer key established for that purpose.
				Any updated testing materials will have a corresponding updated answer
				key.
(c) In the event that a
				failing grade occurs, the examination will be independently graded by a second
				State Mining Council member. Should the second grading result in a passing
				grade, a third State Mining Council member will grade the examination. The
				majority grade shall be assigned to the examination.
(d) If identification of the examinee has not
				been adequately protected by the safeguards described above in Section
				5 no examination will be graded by a State
				Mining Council member from the same mine.
(e) Each examinee shall be notified of
				examination results when all grading is completed. Those failing the
				examination will be so advised by certified mail.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0005 - Mining Council › Chapter 1 - EXAMINATION FOR CERTIFICATES › Section 1-7 - Examination Results Review Procedures

Current through July 13, 2024
(a) An Applicant,
				after receipt of the grades notification letter, may review his/her examination
				papers, in person, at the office of the State Inspector of Mines in Rock
				Springs, Wyoming, during normal business hours.
(b) An Applicant who has received a failing
				grade may have his/her examination results reviewed by the State Mining Council
				Review Committee. The Review Committee shall consist of three members of the
				State Mining Council.
(c) To have
				examination results reviewed, Applicant must file a written request for review
				with the State Inspector of Mines' office.
(d) The review request must be either
				postmarked or delivered no later than thirty (30) days from the date of the
				grades notification letter.
(e) The
				written review request must specifically identify the examination questions
				that Applicant wishes to be reviewed. Only those exam questions specifically
				listed in the review request letter will be reviewed.
(f) The State Inspector of Mines shall notify
				the Applicant by certified mail of the date, place and time of their review
				meeting.
(g) Only the Applicant
				shall be permitted to attend the review meeting.
(h) The review meeting will be tape-recorded
				and the tape will become part of the review record.
(i) The State Inspector of Mines shall notify
				each person by certified mail of the date, place and time of their appeal
				review.
(j) The appeal review shall
				take place within 120 days of the date that the appeal request is received by
				the State Inspector of Mines.
(k)
				The Review Committee shall make its determination and advise the Applicant of
				its determination at the close of the Applicant's review meeting. Applicant
				shall be formally advised of the Review Committee's determination by
				mail.
(l) An Applicant's
				examination results shall be deemed final and the review and appeal process
				closed if the Applicant fails to file a timely written review
				request.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0005 - Mining Council › Chapter 1 - EXAMINATION FOR CERTIFICATES › Section 1-8 - Appeals Procedure

Current through July 13, 2024
(a) An Applicant
				who receives an adverse decision from the Review Committee shall have the right
				to appeal that decision to the State Mining Council.
(b) To appeal the adverse decision of the
				Review Committee an Applicant must file a written notice of appeal with the
				State Inspector of Mines office.
(c) The notice of appeal must be either
				postmarked or hand-delivered no later than thirty (30) days from the date of
				the review determination letter.
(d) Applicant may submit, with the notice of
				appeal, a written statement supporting Applicant's position and
				answers.
(e) The Council will
				examine the review record; consider Applicant's statement and review the Review
				Committee's decision and make a determination at its next regularly scheduled
				quarterly meeting following the receipt of the notice of appeal by the State
				Inspector of Mines.
(f) The State
				Mining Council shall notify Applicant of its determination by mail.
(g) The decision of the State Mining Council
				shall be the final action of the agency.
(h) An Applicant's examination results shall
				be deemed final and the review and appeal process closed if the Applicant fails
				to file a timely written Notice of Appeal.
(i) Except as provided in the above
				procedures, there shall be no other administrative appeals available to the
				Applicants who have failed to obtain a passing grade.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0005 - Mining Council › Chapter 1 - EXAMINATION FOR CERTIFICATES › Section 1-9 - Study Guide

Current through July 13, 2024
(a) The State
				Mining Council will review and approve a study guide that provides guidance to
				those wishing to take the examinations.
(b) The office of the State Inspector of
				Mines will package the study guides and provide them when requested. Study
				guides will be provided to requesting applicants at cost.
(c) The study guide shall provide material
				that will include general mining practices in the type of mine and mineral
				involved, including but not limited to, ventilation, health and safety, rescue
				and recovery work involved following mine disasters, detection and control of
				gasses, fires and explosions, prevention and controls of same, blasting
				procedures, electricity, mine equipment, and State and Federal mining
				laws.
(d) As provided for in W.S.
				§
									
										30-2-309(e)(i) the State
				Mining Council shall accept after review a study guide prepared by
				industry.
(e) The State Mining
				Council will review the study guides for adequacy at regular
				intervals.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0005 - Mining Council › Chapter 1 - EXAMINATION FOR CERTIFICATES › Section 1-10 - Temporary Certification

Current through July 13, 2024
(a) A person may
				apply for a temporary permit as provided for in W.S. §
									
										30-2-310.
(b) The applicant must fill out an
				application and pay the fee to take the next scheduled examination for mine
				foreman or mine examiner before he/she will be considered for temporary
				permit.
(c) After receiving the
				application for examination, the application for the temporary permit and the
				fee the State Mining Council shall review the applications. If the applicant
				meets all of the requirements to take the certification examination(s) the
				Council may approve the application for a temporary permit.
(d) Once the application and fee are accepted
				by the State Mining Council the fee shall be non-refundable.
(e) Upon the Council's approval of the
				temporary permit application, the State Inspector of Mines shall issue the
				temporary permit.
(f) The temporary
				permit may be utilized only in the mineral and type of mine where the applicant
				requested the temporary permit.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0005 - Mining Council › Chapter 1 - EXAMINATION FOR CERTIFICATES › Section 1-11 - Revocation of Certification

Current through July 13, 2024
(a) Revocation of a
				certificate shall be done in accordance with W.S. §
									
										30-2-311 and the Council's Rules of Practice
				and Procedure for Certificate Suspension and Revocation Hearings.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0005 - Mining Council › Chapter 2 - CERTIFICATION SUSPENSION AND REVOCATION HEARINGS › Section 2-1 - Authority

Current through July 13, 2024
These rules are promulgated pursuant to authority granted by
				  W.S. §
									
										30-2-301(b) and the Wyoming
				  Administrative Procedures Act (W.S. §
									
										16-3-101 through W.S. §
									
										16-3-115 )
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0005 - Mining Council › Chapter 2 - CERTIFICATION SUSPENSION AND REVOCATION HEARINGS › Section 2-2 - Purpose

Current through July 13, 2024
These rules have been adopted to provide a uniform and
				  understandable process for receiving complaints and conducting fair hearings
				  regarding possible revocation of certificates issued by the State Mining
				  Council or temporary permits issued by the State Mine
				  Inspector.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0005 - Mining Council › Chapter 2 - CERTIFICATION SUSPENSION AND REVOCATION HEARINGS › Section 2-3 - Definitions

Current through July 13, 2024
The following definitions of terms used in this chapter shall
				  apply.
(a) "Act" Shall mean W.S. §
									
										30-2-101 through W.S. §
									
										30-3-509.
(b) "Complainant" Shall mean any individual
				who files a complaint alleging a violation listed in W.S. §
									
										30-2-311(a).
(c) "Rules and Regulations" Shall mean the
				State Mine Inspector's Shot-firer Certification Rules, the General Mine Safety
				Rules, the Qualified Person Certification Rules and the Rules of Practice and
				Procedure for Certification Suspension And Revocation Hearings .
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0005 - Mining Council › Chapter 2 - CERTIFICATION SUSPENSION AND REVOCATION HEARINGS › Section 2-4 - Complaint Procedures

Current through July 13, 2024
(a) Proceedings
				under these rules shall commence when a signed written complaint is filed, by
				the Complainant, with the State Mine Inspector.
(b) The Complainant must allege, based on
				actual firsthand knowledge, that a certificate holder:
(i) has violated a provision of the
				Act;
(ii) has violated rules and
				regulations promulgated under the Act;
(iii) was intoxicated while in duty
				status;
(iv) is suffering from
				mental disabilities or;
(v) has
				neglected his/her duties.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0005 - Mining Council › Chapter 2 - CERTIFICATION SUSPENSION AND REVOCATION HEARINGS › Section 2-5 - Notices

Current through July 13, 2024
(a) Upon Receipt of a complaint, the State
				Mine Inspector shall date stamp the complaint with the date that the complaint
				was received.
(b) Within five (5)
				working days after receiving and date stamping the complaint, the State Mine
				Inspector shall deliver, by certified mail, copies of the complaint to each
				member of the Decertification Complaint Review Committee.
(c) Within five (5) working days after the
				receipt of the copy of the complaint the Decertification Complaint Review
				Committee shall meet either in person or by telephone conference call to:
(i) Review the complaint to determine:
A. Whether the complaint contains the
				required contents listed in Section
				4. d.
B. Whether the complaint was filed within
				thirty (30) calendar days of the alleged violation;
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0005 - Mining Council › Chapter 2 - CERTIFICATION SUSPENSION AND REVOCATION HEARINGS › Section 2-6 - Investigation

Current through July 13, 2024
(a) Within ten (10) working days of
				notification from the Decertification Complaint Review Committee to investigate
				the complaint, the State Mine Inspector shall begin the
				investigation.
(b) The State Mine
				Inspector shall record verbatim, stenographically or by electronic means, all
				interviews of the Complainant, the certificate holder, all potential witnesses
				and any person who may possibly have any information relevant to the
				investigation.
(c) Upon completion
				of the investigation the State Mine Inspector shall submit a report of his
				investigation findings to the Decertification Complaint Review Committee. The
				report shall be in writing and include a transcript of all recorded interviews
				and copies of all evidence gathered during the investigation.
(d) In addition to his written report, the
				Decertification Complaint Review Committee may require the State Mine Inspector
				to give an oral summary of his investigation findings.
(e) All information and documents gathered by
				the State Mine Inspector during the course of the investigation shall remain
				confidential until the State Mining Council's final agency decision has been
				issued.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0005 - Mining Council › Chapter 2 - CERTIFICATION SUSPENSION AND REVOCATION HEARINGS › Section 2-7 - Decertification Complaint Review Committee Members

Current through July 13, 2024
(a) The
				Decertification Complaint Review Committee shall consist of three (3) members
				of the State Mining Council, whom shall be appointed by the President of the
				State Mining Council.
(b) Each
				member of the Decertification Complaint Review Committee shall serve a term of
				one (1) calendar year.
(c) Where a
				member of the Decertification Complaint Review Committee resigns from either
				the State Mining Council or the Decertification Complaint Review Committee, the
				President of the State Mining Council shall appoint a different member of the
				State Mining Council to complete the remaining term of the departing
				member.
(d) Where a member of the
				Decertification Complaint Review Committee has a conflict of interest or a
				possible conflict of interest with regards to a particular complaint, the
				President of the State Mining Council shall temporarily appoint a different
				member of the State Mining Council to the Decertification
Complaint Review Committee, to review that particular
				  complaint. The member who has been replaced on the Decertification Complaint
				  Review Committee shall not participate in the State Mining Council's final
				  agency decision for that particular complaint.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0005 - Mining Council › Chapter 2 - CERTIFICATION SUSPENSION AND REVOCATION HEARINGS › Section 2-8 - Decertification Complaint Review Committee Review and Decision

Current through July 13, 2024
(a) Any meeting held by the Decertification
				Complaint Review Committee to review a decertification complaint under these
				rules shall be an executive session and not open to the public.
(b) The Decertification Complaint Review
				Committee members shall not discuss any decertification complaint matter with
				the remaining members of the State Mining Council.
(c) After a review of the investigation
				report and all accompanying evidence, the Decertification Complaint Review
				Committee, in consultation with legal council, may:
(i) Order additional investigation by the
				State Mine Inspector;
(ii) Dismiss
				the complaint: or
(iii) Send the
				complaint to a hearing.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0005 - Mining Council › Chapter 2 - CERTIFICATION SUSPENSION AND REVOCATION HEARINGS › Section 2-9 - Additional Investigation

Current through July 13, 2024
(a) Upon a finding
				that additional information is needed the Decertification Complaint Review
				Committee shall instruct the State Mine Inspector, in writing, to investigate
				the complaint further.
(b) Upon
				completion of the additional investigation, the State Mine Inspector shall
				submit his additional findings, in writing, to the Decertification Complaint
				Review Committee.
(c) The
				Decertification Complaint Review Committee shall review any additional evidence
				and decide to either:
(i) Order additional
				investigation by the State Mine Inspector;
(ii) Dismiss the complaint: or
(iii) Send the complaint to a
				hearing.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0005 - Mining Council › Chapter 2 - CERTIFICATION SUSPENSION AND REVOCATION HEARINGS › Section 2-10 - Dismissal of the Complaint

Current through July 13, 2024
(a) Where, after a
				review of the evidence, the Decertification Complaint Review Committee
				determines that the evidence was insufficient and/or the violation was not
				serious enough in nature to warrant revoking the certificate holder's
				certificate, the Decertification Complaint Review Committee may dismiss the
				complaint.
(b) The Decertification
				Complaint Review Committee shall notify the Complainant and the certificate
				holder, by certified mail, of the decision to dismiss the complaint. The
				Decertification Complaint Review Committee's decision letter shall contain a
				findings of facts and a conclusion of law separately stated and supported by
				concise and explicit statements.
(c) The Decertification Complaint Review
				Committee's decision to dismiss the complaint shall constitute the State Mining
				Council's final agency decision on the matter.
(d) Pursuant to W.S. §
									
										16-3-114 the Decertification Complaint Review
				Committee's decision to dismiss the complaint may be appealed to the District
				Court.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0005 - Mining Council › Chapter 2 - CERTIFICATION SUSPENSION AND REVOCATION HEARINGS › Section 2-11 - Fair Hearing

Current through July 13, 2024
(a) If the
				Decertification Complaint Review Committee, in consultation with legal council,
				decides that the complaint and evidence warrants a hearing, the complaint shall
				be submitted to the Office of Administrative Hearings for a fair hearing under
				the Administrative Procedure Act W.S. §
									
										16-3-101 through W.S. §
									
										16-3-115.
(b) The Decertification Complaint Review
				Committee shall notify all parties, by certified mail, that the complaint has
				been submitted to the Office of Administrative Hearings for a fair hearing and
				a recommended decision.
(c) The
				hearing officer's only responsibility shall be to determine whether or not the
				certificate shall be revoked.
(d)
				The hearing officer's recommended decision shall include the hearing officer's
				determination of whether the certificate should be revoked, a statement of
				supporting facts and a conclusion of law.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0005 - Mining Council › Chapter 2 - CERTIFICATION SUSPENSION AND REVOCATION HEARINGS › Section 2-12 - State Mining Council's Final Agency Decision

Current through July 13, 2024
(a) Upon
				receipt of the hearing officer's recommended decision, the State Mining
				Council, excluding the Decertification Complaint Review Committee members,
				shall at the next regularly scheduled State Mining Council's meeting, review
				the recommended decision and make a decision. The State Mining Council decision
				may:
(i) Accept the hearing officer's
				recommended decision;
(ii) Modify
				the hearing officer's recommended decision; or
(iii) Reject the hearing officer's
				recommended decision in total.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0005 - Mining Council › Chapter 3 - VARIANCES TO THE PRESENCE OF CERTIFIED MINE FOREMAN UNDERGROUND › Section 3-1 - Authority

Current through July 13, 2024
These rules of the State Mining Council are promulgated as
				  written pursuant to W.S. §
									
										30-2-301(b).
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0005 - Mining Council › Chapter 3 - VARIANCES TO THE PRESENCE OF CERTIFIED MINE FOREMAN UNDERGROUND › Section 3-2 - Requests for Variance

Current through July 13, 2024
(a) Any company
				operating an underground mine may request in writing a variance from the State
				Mining Council authorizing an exception to the statutory requirement of W.S.
				§
									
										30-2-308 which requires a certified
				underground mine foreman to remain underground when a person is present
				underground.
(b) A company
				operating more than one underground mine is required to submit a separate
				variance request for each mine for which the company wants a
				variance.
(c) The company
				requesting a variance shall post a copy of its variance request on bulletin
				boards, referred to in W.S. §
									
										30-2-209(b) (iii), at the
				mine where the variance would apply. The copy of the variance request must be
				posted on the bulletin boards on or before the date that the variance request
				is submitted to the State Mining Council.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0005 - Mining Council › Chapter 3 - VARIANCES TO THE PRESENCE OF CERTIFIED MINE FOREMAN UNDERGROUND › Section 3-3 - Contents of Variance Request

Current through July 13, 2024
The following information must be included in each written
				  variance request:
(a) Name of company
				requesting the variance;
(b) Name
				of the mine for which the variance is requested;
(c) Mailing addresses of the company and the
				mine;
(d) Name and phone number of
				the company's contact person;
(e)
				Name and phone number of the mine's contact person;
(f) Specific reasons why the variance is
				necessary and should be granted; and
(g) Length of time the company wants the
				variance to be effective.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0005 - Mining Council › Chapter 3 - VARIANCES TO THE PRESENCE OF CERTIFIED MINE FOREMAN UNDERGROUND › Section 3-4 - Procedures for Submitting Variance Requests

Current through July 13, 2024
Variance requests may be delivered in person to the State
				  Mine Inspector or mailed to the State Mine Inspector's main office in Rock
				  Springs, Wyoming.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0005 - Mining Council › Chapter 3 - VARIANCES TO THE PRESENCE OF CERTIFIED MINE FOREMAN UNDERGROUND › Section 3-5 - Notice of receipt of Variance Request

Current through July 13, 2024
Upon receipt of the variance request, the State Mining
				  Council shall notify the company and mine's contact persons in writing by
				  certified mail of the following:
(a)
				Receipt of the variance request;
(b) The variance request will be placed on
				the agenda of the next regularly scheduled State Mining Council
				meeting;
(c) Date of next regularly
				scheduled State Mining Council meeting;
(d) Time of next regularly scheduled State
				Mining Council meeting; and
(e)
				Location of next regularly scheduled State Mining Council meeting.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0005 - Mining Council › Chapter 3 - VARIANCES TO THE PRESENCE OF CERTIFIED MINE FOREMAN UNDERGROUND › Section 3-6 - State Mining Council Action on Variance Request

Current through July 13, 2024
The next regularly scheduled State Mining Council meeting
				  after a variance request is submitted, the State Mining Council shall:
(a) Review and read aloud the variance
				request;
(b) Take comments from the
				company requesting the variance;
(c) Take comments from any other interested
				person or party;
(d) Read into the
				record all written comments received prior to the State Mining Council
				meeting;
(e) Discuss the merits of
				the variance request;
(f) Take a
				public vote, by a show of hands, on whether or not to grant the requested
				variance;
(g) Where the variance is
				granted, set a time period for which the variance is effective;
(h) Impose any conditions upon the variance
				that the State Mining Council deems necessary;
(i) Record the variance request proceedings
				of the State Mining Council meeting; and
(j) The decision of the State Mining Council
				regarding the variance request shall constitute a final agency
				action.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0005 - Mining Council › Chapter 3 - VARIANCES TO THE PRESENCE OF CERTIFIED MINE FOREMAN UNDERGROUND › Section 3-7 - Notice of State Mining Council's Decision

Current through July 13, 2024
(a) The State
				Mining Council shall notify the following in writing by certified mail of the
				State Mining Council's decision on the variance request:
(i) The company requesting the
				variance;
(ii) The mine where the
				variance would apply;
(iii) Any
				person or party who commented in person at the State Mining Council meeting;
				and
(iv) Any person or party who
				commented in writing.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0006 - OSHA - Agriculture › Chapter 1 - General (A) › Section 1-1 - Incorporation by Reference

Current through July 13, 2024
(a) Any code,
				standard, rule or regulation incorporated by reference does not include any
				later amendments or editions of the incorporated matter beyond the applicable
				date identified in subsection (b) of this section.
(b) Each rule incorporated by reference is
				further identified as follows:
(i) Department
				of Labor, Code of Regulations (Standard - 29 CFR), Part 1928, Agriculture
				adopted by the Department of Workforce Services OSHA Division and effective on
				September 1, 2015, found at:
https://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=STANDARDS&p_toc_level=1&p_keyvalue=1928
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0006 - OSHA - Agriculture › Chapter 2 - Applicability of Standards (B) › Section 2-1 - Incorporation by Reference

Current through July 13, 2024
(a) Any code,
				standard, rule or regulation incorporated by reference does not include any
				later amendments or editions of the incorporated matter beyond the applicable
				date identified in subsection (b) of this section.
(b) Each rule incorporated by reference is
				further identified as follows:
(i) Department
				of Labor, Code of Regulations (Standard - 29 CFR), Part 1928, Agriculture
				adopted by the Department of Workforce Services OSHA Division and effective on
				September 1, 2015, found at:
https://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=STANDARDS&p_toc_level=1&p_keyvalue=1928
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0006 - OSHA - Agriculture › Chapter 3 - Roll-over Protective Structures (ROPS) for Tractors Used in Ag Ops (C) › Section 3-1 - Incorporation by Reference

Current through July 13, 2024
(a) Any code,
				standard, rule or regulation incorporated by reference does not include any
				later amendments or editions of the incorporated matter beyond the applicable
				date identified in subsection (b) of this section.
(b) Each rule incorporated by reference is
				further identified as follows:
(i) Department
				of Labor, Code of Regulations (Standard - 29 CFR), Part 1928, Agriculture
				adopted by the Department of Workforce Services OSHA Division and effective on
				September 1, 2015, found at:
https://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=STANDARDS&p_toc_level=1&p_keyvalue=1928