reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 48 - Miner Training Education And Certification › Title 48 - LEGISLATIVE EXEMPT RULE BOARD OF MINER TRAINING, EDUCATION AND CERTIFICATION (NOW BOARD OF COAL MINE HEALTH AND SAFETY) › Series 48-08 - Rules Governing The Criteria And Standards For Alternative Training Programs For Apprentice Coal Mine Electricians › Section 48-8-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes criteria and standards for programs, serving as an alternative
				to the traditional program established in the "Rules and Regulations Governing
				the Standards for Certification of Coal Mine Electricians," 48CSR7, for the
				training of apprentices to become Certified Coal Mine Electricians. This rule
				is only intended to regulate the structure and content of an alternative
				training program and it does not alter or affect any other requirement for the
				certification of coal mine electricians.
1.2. Authority. -- W. Va. Code §§
									22A-7-5
				and
				22A-7-6.
1.3. Filing Date. -- April 3, 2008.
1.4. Effective Date. -- April 3,
				2008.
West Virginia Code of State Rules › Agency 48 - Miner Training Education And Certification › Title 48 - LEGISLATIVE EXEMPT RULE BOARD OF MINER TRAINING, EDUCATION AND CERTIFICATION (NOW BOARD OF COAL MINE HEALTH AND SAFETY) › Series 48-08 - Rules Governing The Criteria And Standards For Alternative Training Programs For Apprentice Coal Mine Electricians › Section 48-8-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Alternative
				Training Program -- For the purpose of this rule, the term "alternative
				training program" refers to a program of instruction, practical exercises and
				supervised, hands-on electrical work that is intended as an alternative to the
				traditional twelve-month program provided in the Board's Rules and Regulations
				Governing the Standards for Certification of Coal Mine Electricians,"
				48CSR7.
2.2. Apprentice Electrician
				-- The term "apprentice electrician" means an individual who is the holder of
				an apprentice electrician's card, and is in training to perform maintenance
				work on electrical circuits or electrically operated equipment.
2.3. Approved -- The term "approved" means in
				strict compliance with mining law, or in the absence of law, accepted by a
				recognized standardizing body or organization whose approval is generally
				recognized as authoritative on the subject. (Refer to W. Va. Code §
									22A-1-2(3)).
2.4. Certification Examinations -- The term
				"certification examinations" means the examinations in specific categories
				within these regulations which have been approved by the Board of Miner
				Training, Education, and Certification, and which are administered by the
				Office of Miners' Health, Safety and Training.
2.5. Certified Electrician -- The term
				"certified electrician" means any person who is:
(a) qualified as a mine electrician, and who
				has passed an examination administered by the Office of Miners' Health, Safety
				and Training and has satisfactorily completed a coal mine electrical training
				program approved by the Office of Miners' Health, Safety and Training; or, any
				person who
(b) has at least three
				(3) years of experience in performing electrical work underground in a coal
				mine, in the surface work areas of an underground coal mine, in a surface coal
				mine, in a noncoal mine, in the mine equipment manufacturing industry, or in
				any other industry using or manufacturing similar equipment, and who has passed
				a certification examination administeredby the Office of Miners' Health, Safety
				and Training; or
(c) any person who
				is qualified as a mine electrician in any state that recognizes certified
				electricians licensed in West Virginia.
West Virginia Code of State Rules › Agency 48 - Miner Training Education And Certification › Title 48 - LEGISLATIVE EXEMPT RULE BOARD OF MINER TRAINING, EDUCATION AND CERTIFICATION (NOW BOARD OF COAL MINE HEALTH AND SAFETY) › Series 48-08 - Rules Governing The Criteria And Standards For Alternative Training Programs For Apprentice Coal Mine Electricians › Section 48-8-3 - Requirement for Board Approval

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. In lieu of training under the
				traditional training program established under "Rules and Regulations Governing
				the Standards for Certification of Coal Mine Electricians," 48CSR7, the Board
				of Miner Training, Education and Certification may accept apprentice training
				through programs that meet the criteria and standards of this rule. No
				alternative training program shall be accepted as a basis for performing
				unsupervised electrical work in a mine unless it complies with the provisions
				of this rule.
3.2. A person
				becoming an apprentice electrician shall first possess an experienced miner
				card (certified miner card). Exceptions to this requirement are found in 48 CSR
				8-7.1
et seq
.
West Virginia Code of State Rules › Agency 48 - Miner Training Education And Certification › Title 48 - LEGISLATIVE EXEMPT RULE BOARD OF MINER TRAINING, EDUCATION AND CERTIFICATION (NOW BOARD OF COAL MINE HEALTH AND SAFETY) › Series 48-08 - Rules Governing The Criteria And Standards For Alternative Training Programs For Apprentice Coal Mine Electricians › Section 48-8-4 - Initial Training

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Each apprentice electrician shall complete an initial 8-hour electrical hazards
				class. Upon completion of the class, the instructor shall submit required
				documentation to the West Virginia Office of Miners' Health, Safety and
				Training for issuance of apprentice electrician cards. The class shall include
				but not be limited to:
(a) Lockout and tag
				procedures -- apprentice electrician shall receive a lock, tag and multi-hole
				lockout device.;
(b) Electrical
				hazards identification -- apprentice electrician shall receive a 1000VAC rated
				voltage detector;
(c) Electrical
				grounding;
(d) Voltage effects on
				the human body;
(e) High voltage
				power systems;
(f) Electric arc
				welding safety;
(g) PPE - Personnel
				Protective Equipment; and
(h) Fatal
				electrical accidents.
West Virginia Code of State Rules › Agency 48 - Miner Training Education And Certification › Title 48 - LEGISLATIVE EXEMPT RULE BOARD OF MINER TRAINING, EDUCATION AND CERTIFICATION (NOW BOARD OF COAL MINE HEALTH AND SAFETY) › Series 48-08 - Rules Governing The Criteria And Standards For Alternative Training Programs For Apprentice Coal Mine Electricians › Section 48-8-6 - Classroom and Lab Training Plan (360 hours, documented with cosigned log)

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The apprentice
				electrician shall be instructed in all aspects of mining electricity, which
				shall include:
(a) State and Federal mining
				laws which apply to electricity
(b)
				Permissibility
(c) AC and DC
				Theory
(d) Basic
				Electricity
(e) Schematic
				Reading
(f) Gas Detection and Fire
				Prevention
(g) National Electric
				Code
West Virginia Code of State Rules › Agency 48 - Miner Training Education And Certification › Title 48 - LEGISLATIVE EXEMPT RULE BOARD OF MINER TRAINING, EDUCATION AND CERTIFICATION (NOW BOARD OF COAL MINE HEALTH AND SAFETY) › Series 48-08 - Rules Governing The Criteria And Standards For Alternative Training Programs For Apprentice Coal Mine Electricians › Section 48-8-7 - Exceptions

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Mining
				equipment manufacturer's service representatives, electrical contractors,
				employees of preparation plants and employees working on the surface area at
				underground mines, which does not require a miner's certificate, may receive an
				apprentice electrician card in the following manner:
(a) Be enrolled in an approved electrical
				training program for twelve (12) months, or;
(b) Be enrolled in an approved alternative
				apprentice electrical program set forth in 48 CSR Series 8, and;
(c) Eight (8) hours of classroom training in
				the hazards of electricity and his or her employer must submit a request in
				writing to the Office of Miners' Health, Safety and Training that an apprentice
				electrician card be issued.
West Virginia Code of State Rules › Agency 48 - Miner Training Education And Certification › Title 48 - LEGISLATIVE EXEMPT RULE BOARD OF MINER TRAINING, EDUCATION AND CERTIFICATION (NOW BOARD OF COAL MINE HEALTH AND SAFETY) › Series 48-08 - Rules Governing The Criteria And Standards For Alternative Training Programs For Apprentice Coal Mine Electricians › Section 48-8-8 - Qualified Person-Electrician

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. When an apprentice electrician enrolled
				in an approved alternative electrical training program meets the requirements
				of the approved program he or she may take the electrical certification test
				and be issued a qualified person-electrician certification card. A qualified
				person-electrician would be limited to the following duties without working
				under the direct supervision of a certified electrician:
(a) Testing, troubleshooting and repairing
				low and medium voltage circuits, and;
(b) Required weekly examinations of Low and
				Medium voltage electrical equipment and required permissibility test of low and
				medium voltage equipment.
West Virginia Code of State Rules › Agency 48 - Miner Training Education And Certification › Title 48 - LEGISLATIVE EXEMPT RULE BOARD OF MINER TRAINING, EDUCATION AND CERTIFICATION (NOW BOARD OF COAL MINE HEALTH AND SAFETY) › Series 48-09 - Duties and Standards for Certification of Underground Outby Mine Examiners for Coal Mines › Section 48-9-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
				Scope. -- This rule pertains to the certification and duties of outby mine
				examiners in the state of West Virginia.
1.2. Authority. -- W. Va. Code §§
									22A-6-4 and
				22A-6-5.
1.3. Filing Date. -- December 11,
				2023
1.4. Effective Date. --
				January 10, 2024
West Virginia Code of State Rules › Agency 48 - Miner Training Education And Certification › Title 48 - LEGISLATIVE EXEMPT RULE BOARD OF MINER TRAINING, EDUCATION AND CERTIFICATION (NOW BOARD OF COAL MINE HEALTH AND SAFETY) › Series 48-09 - Duties and Standards for Certification of Underground Outby Mine Examiners for Coal Mines › Section 48-9-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				All terms used in this rule shall have the meanings set forth in WV Code §
									22A-1-2.
West Virginia Code of State Rules › Agency 48 - Miner Training Education And Certification › Title 48 - LEGISLATIVE EXEMPT RULE BOARD OF MINER TRAINING, EDUCATION AND CERTIFICATION (NOW BOARD OF COAL MINE HEALTH AND SAFETY) › Series 48-09 - Duties and Standards for Certification of Underground Outby Mine Examiners for Coal Mines › Section 48-9-3 - Duties

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				The duties of the Outby Mine Examiner, acting as a certified person, to assist
				the Assistant Mine Foreman Fireboss / Mine Foreman Fireboss in performing
				required examinations (pre-shift, on-shift, and supplemental) of the mine for
				all hazardous conditions and violations of mandatory health or safety standards
				in the following areas:
3.1.1. Roof
				control;
3.1.2. Ventilation,
				methane;
3.1.3. Accumulations of
				combustible materials and application of rock dust;
3.1.4. Maintenance of travelways along belt
				conveyors, off-track haulage roadways, track haulage and its
				components;
3.1.5. Guarding moving
				machine parts; and
3.1.6.
				Maintenance of belt conveyor components.
West Virginia Code of State Rules › Agency 48 - Miner Training Education And Certification › Title 48 - LEGISLATIVE EXEMPT RULE BOARD OF MINER TRAINING, EDUCATION AND CERTIFICATION (NOW BOARD OF COAL MINE HEALTH AND SAFETY) › Series 48-09 - Duties and Standards for Certification of Underground Outby Mine Examiners for Coal Mines › Section 48-9-4 - Criteria for Outby Mine Examiner Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Prior to any person being issued an
				Outby Mine Examiner certification, such applicant must:
4.1.1. Possess a miner's certification (see
				48 CSR 2-2.9., "Guidelines for Issuing Underground Miner's
				Certificate");
4.1.2. Have a minimum
				of two (2) years' experience and provide evidence on a form prescribed by the
				Director.
West Virginia Code of State Rules › Agency 48 - Miner Training Education And Certification › Title 48 - LEGISLATIVE EXEMPT RULE BOARD OF MINER TRAINING, EDUCATION AND CERTIFICATION (NOW BOARD OF COAL MINE HEALTH AND SAFETY) › Series 48-09 - Duties and Standards for Certification of Underground Outby Mine Examiners for Coal Mines › Section 48-9-5 - Examination Components

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1 The purpose of the Outby Mine Examiner
				certification is to have the applicant demonstrate his or her knowledge of
				dangerous mine gases and their detection, mine safety, first aid, safety
				appliances, state and federal mining laws and regulations.
5.2. Examinations for Outby Mine Examiner
				certification shall consist of the following two parts:
5.2.1. Written:
5.2.1.a. Mine Ventilation.
5.2.1.b. Mine Gases and
				Instruments.
5.2.1.c. Roof
				Control.
5.2.1.d.
				Lifeline.
5.2.1.e. SCSR
				Cache.
5.2.1.f. Refuge
				Alternative.
5.2.1.g. Accumulations
				of combustible materials.
5.2.1.h.
				Actions for excessive methane.
5.2.1.i. Fire Hazards.
5.2.1.j. Haulage Requirements.
5.2.1.k. Inspection and reporting
				procedures.
5.2.1.l. Belt Conveyor
				legal requirements.
5.2.1.m. Machine
				Guarding.
West Virginia Code of State Rules › Agency 48 - Miner Training Education And Certification › Title 48 - LEGISLATIVE EXEMPT RULE BOARD OF MINER TRAINING, EDUCATION AND CERTIFICATION (NOW BOARD OF COAL MINE HEALTH AND SAFETY) › Series 48-09 - Duties and Standards for Certification of Underground Outby Mine Examiners for Coal Mines › Section 48-9-6 - Application for Certification and Testing Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1
				Any person desiring to become certified as an Outby Mine Examiner must complete
				an application for certification and submit the same to the West Virginia
				Office of Miners' Health, Safety and Training. The applicant will be notified
				by the nearest regional office of the time and place of the next regularly
				scheduled examination.
6.2. A score
				of eighty percent (80%) on the written part, and passage of the practical part,
				is required for successful passage of the exam. The practical portion of the
				exam and subparts thereof will be scored on a pass/fail basis.
6.3. Upon taking the examination, any person
				who fails to achieve a score of eighty percent (80%) on the written part, or
				fails the practical part, shall be required to retake the entire examination in
				order to receive a certificate.
6.4. The Director of the Office of Miners'
				Health, Safety and Training, in conjunction with the Board of Coal Mine Health
				and Safety, shall develop the application form and guidelines for processing
				applications and administering examinations.
West Virginia Code of State Rules › Agency 48 - Miner Training Education And Certification › Title 48 - LEGISLATIVE EXEMPT RULE BOARD OF MINER TRAINING, EDUCATION AND CERTIFICATION (NOW BOARD OF COAL MINE HEALTH AND SAFETY) › Series 48-16 - Temporary Suspension Of Certificates issued To Persons Of Pending full hearing before The board Of appeals › Section 48-16-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.01 Authority -
				These procedural rules are adopted pursuant to Chapter 29A, Article 3, Section
				8 of the Code of West Virginia, 1931, as amended.
1.02 Filing - These regulations were filed
				with the Office of the Secretary of State on the
11th
day of
August
, 1983 and are effective on
				the
11th
day of
September
,
				1983.
1.03 Definitions - Unless the
				context in which a word or term is used requires a different meaning, the
				definitions set out in Chapter 22, Article 1, Section 1 apply to these
				regulations.
West Virginia Code of State Rules › Agency 48 - Miner Training Education And Certification › Title 48 - LEGISLATIVE EXEMPT RULE BOARD OF MINER TRAINING, EDUCATION AND CERTIFICATION (NOW BOARD OF COAL MINE HEALTH AND SAFETY) › Series 48-16 - Temporary Suspension Of Certificates issued To Persons Of Pending full hearing before The board Of appeals › Section 48-16-2 - Procedures for Temporary Suspension of Certificates

Current through Register Vol. XLI, No. 28, July 12, 2024
2.01 Notice of Intent to Suspend. The
				Director shall give notice to the charged person, at the time of filing a
				charge of breach of duty with the Board of Appeals under Code 22-1-30 (a), that
				he intends to temporarily suspend such certificate upon finding of probable
				cause by the Board. A temporary suspension shall not be valid unless such
				notice is given. A charged person so notified may make a request for a
				preliminary hearing before the Board of Appeals within ten (10) days of the
				filing of the charge by the Director. Such preliminary hearing shall be held
				before the Board within twenty days of the filing of the charge. The rules of
				practice and procedure before the Board of Appeals shall apply to such a
				hearing.
2.02 Temporary Suspension
				of Certificates. The Director may order the temporary suspension of the
				certificate of any person certified pursuant to Chapter 22 of the Code of West
				Virginia, pending a full evidentiary hearing before the Board of Appeals
				provided that:
(1) A finding of probable cause
				that such person has violated statutory duties has been made by the Board of
				Appeals according to the provisions of West Virginia Code 22-1-30(b);
and
(2) An
				investigation by authorized representatives of the Director reveals that:
(a) The certified person was acting in the
				capacity which required, or requires, the certifications issued by the
				Director;
or
that
(b) Such certified person is, or was,
				assigned by the operator or operator's agent to perform duties set out in the
				Code or regulations;
and
(c) Such certified person failed and/or
				neglected to perform such statutory or regulatory duties;
and
(d)
				Such failure and/or neglect of duty resulted in a finding by an authorized
				representative of the Director of a violation of a health and safety standard
				of the Code or regulations;
and
(e) Such violation of a health and safety
				standard resulted in the occurrence or a high likelihood of the occurrence of
				the event against which the standard is directed or designed to prevent;
and
(f)
				The temporary suspension of such certified person's certificate will lessen the
				risk to the lives and safety of the persons protected by the provisions of
				Chapter 22 of the Code of West Virginia.
The temporary suspension shall be effective upon issuance by
				  the Director and shall remain effective until modified or terminated by the
				  Director or the Board of Appeals.
West Virginia Code of State Rules › Agency 48 - Miner Training Education And Certification › Title 48 - LEGISLATIVE EXEMPT RULE BOARD OF MINER TRAINING, EDUCATION AND CERTIFICATION (NOW BOARD OF COAL MINE HEALTH AND SAFETY) › Series 48-17 - Governing Request For information(freedom Of information Act) › Section 48-17-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.01 Scope - These
				rules prescribe procedures under which the public may inspect and obtain
				information and records generated, developed or held by the Departnent of
				Mines. These rules do not apply to the disclosure of information to any
				officer, employee or authorized representative of the State or Federal
				government.
1.02 Authority - These
				rules are promulgated pursuant to the authority of Chapter
				29B-1-1
et
seq
., and Chapter
				29A-3-3, of the West Virginia Code, 1931, as amended.
1.03 Filing Date - These rules were filed in
				the Office of the Secretary of State on the
15
day of
october
, 19
63
.
1.04 Effective Date - These rules become
				legally effective on the
22nd
day of
July
, 19
83
.
1.05 Certification - These rules are
				certified authentic by the Director of the Department of Mines.
West Virginia Code of State Rules › Agency 48 - Miner Training Education And Certification › Title 48 - LEGISLATIVE EXEMPT RULE BOARD OF MINER TRAINING, EDUCATION AND CERTIFICATION (NOW BOARD OF COAL MINE HEALTH AND SAFETY) › Series 48-17 - Governing Request For information(freedom Of information Act) › Section 48-17-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.01 For the
				purposes of these rules:
(a) "Act" means the
				Freedom of Information Act, Chapter 29B-1-1
et
seq
.
(b)
				"Department" means the State Department of Mines, and all boards, divisions and
				offices thereof.
(c) "Record" means
				any books, papers, maps, photographs, cards, tapes, recordings or other
				documentary materials regardless of physical form or characteristics which are
				possessed by the Department. The term does not include materials that are
				legally owned by a Department employee in his or her personal capacity and does
				not include materials which are readily available to the public such as books,
				journals and periodicals available through a reference library. Nor does the
				term include documents that have been advertised as being available to the
				public, such as applications or draft permits, draft plans, laws and
				regulations or other reports and brochures which may be obtained without a
				written request.
(d) "Request"
				means a written request to inspect or obtain a copy of one or more
				records.
(e) "Requestor" means any
				person, including any natural parson, corporation, partnership, firm or
				association, who has submitted a request to the Department.
West Virginia Code of State Rules › Agency 48 - Miner Training Education And Certification › Title 48 - LEGISLATIVE EXEMPT RULE BOARD OF MINER TRAINING, EDUCATION AND CERTIFICATION (NOW BOARD OF COAL MINE HEALTH AND SAFETY) › Series 48-17 - Governing Request For information(freedom Of information Act) › Section 48-17-3 - Folicy on Disclosure

Current through Register Vol. XLI, No. 28, July 12, 2024
3.01
(a) All Department records shall be available
				to the public unless they are exempt from the disclosure requirements of the
				Act.
(b) All nonexempt records shall
				be available to the public upon request regardless of whether any justification
				or need has been shown by the requestor and regardless of whether or not the
				request cites the Act.
West Virginia Code of State Rules › Agency 48 - Miner Training Education And Certification › Title 48 - LEGISLATIVE EXEMPT RULE BOARD OF MINER TRAINING, EDUCATION AND CERTIFICATION (NOW BOARD OF COAL MINE HEALTH AND SAFETY) › Series 48-17 - Governing Request For information(freedom Of information Act) › Section 48-17-4 - Form of Request

Current through Register Vol. XLI, No. 28, July 12, 2024
4.01 A
				request shall be made in writing, shall reasonably describe the records sought
				in a way that will permit their identification and location and should be
				addressed to the West Virginia Department of Mines, at Room E-153, State
				Capitol, Charleston, West Virginia 25305 for Department records.
(a) Requests which do not reasonably describe
				records sought. If the description of the records sought in the request is not
				sufficient to allow the Department to identify and locate the request records,
				the requestor will be notified within five working days that the request cannot
				be further processed until additional information is provided. Until such
				additional information is provided, the five-day time limit under Section 5
				shall not begin.
(b) Misdirected
				requests; oral requests. The Department cannot assure that requests received by
				offices other than those referenced in Section 4.01 will be answered in a
				timely manner. The five-day period, as provided for in Section 5, shall begin
				at the time the Department receives the request. Oral or phone requests for the
				records may be honored if followed by a written request. Tne written request
				may be hand delivered if previous arrangements for an appointment or to receive
				copied material have been made by phone.
West Virginia Code of State Rules › Agency 48 - Miner Training Education And Certification › Title 48 - LEGISLATIVE EXEMPT RULE BOARD OF MINER TRAINING, EDUCATION AND CERTIFICATION (NOW BOARD OF COAL MINE HEALTH AND SAFETY) › Series 48-17 - Governing Request For information(freedom Of information Act) › Section 48-17-5 - Responsibilities of the Department

Current through Register Vol. XLI, No. 28, July 12, 2024
5.01
(a) The Department shall, upon
				receipt of a written request, mark the request with the date of receipt, and
				begin to identify and locate the requested information or ask for a more
				specific request under Section 4.01(a) if necessary.
(b) The Department shall respond in writing
				to the requestor within five working days of the receipt of the request. Such
				response shall:
(1) Furnish copies of the
				requested information;
(2) Advise
				the requestor of the time and place at which he/she may inspect and copy the
				information; or
(3) Deny the
				request stating in writing the reason for such denial.
West Virginia Code of State Rules › Agency 48 - Miner Training Education And Certification › Title 48 - LEGISLATIVE EXEMPT RULE BOARD OF MINER TRAINING, EDUCATION AND CERTIFICATION (NOW BOARD OF COAL MINE HEALTH AND SAFETY) › Series 48-17 - Governing Request For information(freedom Of information Act) › Section 48-17-6 - Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
6.01 The following
				categories of information are specifically exempt from disclosure under the
				provisions of the Act:
(a) Trade secrets, as
				used in this section, which may include, but are not limited to, any formula,
				plan pattern, process, tool, mechanish, compound, procedure, production data,
				or compilation of information which is not patented which is known only to
				certain individuals within a commercial concern who are using it to fabricate,
				produce or compound an article or trade or a service or to locate minerals or
				other substances, having commercial value, and which gives its users an
				opportunity to obtain business advantage over competitors;
(b) Information of a personal nature such as
				that kept in a personal, medical or similar file, if the public disclosure
				thereof would constitute an unreasonable invasion of privacy, unless the public
				interest by clear and convincing evidence requires disclosure in the particular
				instance: Provided, that nothing in this article shall be construed as
				precluding an individual from inspecting or copying his own personal, medical
				or similar files;
(c) Test
				questions, scoring keys and other examination data used to administer a
				licensing examination, examination for employment or academic
				examination;
(d) Records of law
				enforcement agencies that deal with the detection and investigation of crime
				and the internal records and notations of such low enforcement agencies which
				are maintained for internal use in matters relating to law
				enforcement;
(e) Inforamtion
				specifically exempted from disclosure by statute;
(f) Records, archives, documents or
				manuscripts describing the location of undeveloped historic, prehistoric,
				archaeological, paleontological and battlefield sites or constituting gifts to
				any public body upon which the donor has attached restrictions on usage or the
				handling of which could irreparably damage such record, archive, document or
				manuscript;
(g) Information
				contained in or related to examination, operating or condition reports prepared
				by, or on behalf of, or for the use of any agency responsible for the
				regulation or supervision of financial institutions, except those reports which
				are by law required to be published in newspapers; and
(h) Internal memoranda or letters received or
				prepared by any public body.
West Virginia Code of State Rules › Agency 48 - Miner Training Education And Certification › Title 48 - LEGISLATIVE EXEMPT RULE BOARD OF MINER TRAINING, EDUCATION AND CERTIFICATION (NOW BOARD OF COAL MINE HEALTH AND SAFETY) › Series 48-17 - Governing Request For information(freedom Of information Act) › Section 48-17-7 - Partial disclosure

Current through Register Vol. XLI, No. 28, July 12, 2024
If a requested record contains both exempt and nonexempt
				  material, the nonexempt material shall be disclosed after the exempt material
				  has been deleted.
West Virginia Code of State Rules › Agency 48 - Miner Training Education And Certification › Title 48 - LEGISLATIVE EXEMPT RULE BOARD OF MINER TRAINING, EDUCATION AND CERTIFICATION (NOW BOARD OF COAL MINE HEALTH AND SAFETY) › Series 48-34 - Governing Procedures And Practice before The Board Of Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
Click Here View
				Image
West Virginia Code of State Rules › Agency 49 - Surface Mine Board › Title 49 - PROCEDURAL RULE WEST VIRGINIA SURFACE MINE BOARD › Series 49-01 - Procedural Rules Governing Appeals Before The Surface Mine Board › Section 49-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This series governs the practice
				and procedure before the surface mine board (the "board") in adjudicatory
				proceedings. [Note: The surface mine board was formerly known as the reclamation
				board of review.]
1.1.a. Purpose. -- The purpose
				of these rules is to describe each of the rules of procedure before the board in
				order to provide a fair and orderly ascertainment of the facts and to promote the
				ends of justice and fairness.
West Virginia Code of State Rules › Agency 49 - Surface Mine Board › Title 49 - PROCEDURAL RULE WEST VIRGINIA SURFACE MINE BOARD › Series 49-01 - Procedural Rules Governing Appeals Before The Surface Mine Board › Section 49-1-2 - Notice of Appeal; Answer

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Parties to
				the Appeal. The person appealing an action of the director or the director's
				designee shall be known as the appellant, and the director or the director's
				designee shall be known as the appellee.
2.2. Notice of Appeal. The adjudicatory process
				commences by filing a notice of appeal.
2.2.a.
				Form. The notice of appeal shall be in the form as prescribed in appendix A.
				Forms for filing the notice of appeal may be obtained from the secretary of the
				board, 601 57th Street, S.E. Charleston, West Virginia
				25304 (304) 926-0445. Completed forms should be returned to the secretary within
				seven (7) days of receipt of the form. All subsequent submissions shall be
				captioned in the same manner as the notice of appeal.
2.2.b. When to File. An appeal filed by a
				person authorized by statute to seek review of an order, permit or official
				action shall be perfected by filing a notice of appeal with the board within
				thirty (30) days after the date upon which service of such order, permit or
				official action was complete. For persons entitled by statute to appeal the
				failure or refusal of the director or the director's designee to act within a
				reasonable time on an application for a permit, such notice of appeal shall be
				filed within a reasonable time.
2.2.c. Content. The notice of appeal shall set
				forth the action complained of and, in separate numbered paragraphs, the specific
				objections to the action, including questions of fact and law to be resolved by
				the board. The objections may be factual or legal or both. An objection not
				raised by the appeal shall be deemed waived, provided that, upon good cause
				shown, the board may agree to hear the objection. The notice of appeal shall
				conclude with the address, telephone number, and signature of the appellant or of
				the appellant's attorney of record.
2.2.d. Attachments. The appellant shall attach
				the written notification of the action appealed from to the notice of
				appeal.
2.2.e. Service on Permit
				Holder. When an appeal of a permit is filed by a party who is not the holder of
				the permit, the issuance of which, or the terms and conditions of which are being
				appealed, the third party appellant shall serve upon the holder of the permit a
				copy of the notice of appeal at the same time that such notice of appeal is filed
				with the board. The holder of the permit shall be considered a party in interest
				in the appeal proceedings and shall have the right to intervene in the
				appeal.
2.2.f. Filing of Notice of
				Appeal by the Board. In accordance with W. Va. Code §
										22B-1-7(d), within
				seven (7) days after receipt of the notice of appeal, the board shall file a copy
				of the notice of appeal with the director or the director's designee.
West Virginia Code of State Rules › Agency 49 - Surface Mine Board › Title 49 - PROCEDURAL RULE WEST VIRGINIA SURFACE MINE BOARD › Series 49-01 - Procedural Rules Governing Appeals Before The Surface Mine Board › Section 49-1-3 - The Certified Record

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Certifying
				the Record. Within fourteen (14) days after receipt of a copy of the notice of
				appeal, the director or the director's designee, as the case may be, shall
				prepare and certify to the board a complete record of the proceedings out of
				which the appeal arises, including all documents and correspondence in the
				applicable files relating to the matter in question.
3.2. Preparation of the Record. A single copy
				of each document shall be submitted in chronological order with each page
				numbered consecutively.
3.3.
				Evidence. The certified record shall be evidence of the agency's consideration of
				the matter appealed, and shall form the basis of the board's review.
3.4. Amendment. In order to remedy an omission,
				any party may request an amendment to the certified record upon written
				application to the board. During the hearing on the appeal, requests for
				amendments may be made orally.
West Virginia Code of State Rules › Agency 49 - Surface Mine Board › Title 49 - PROCEDURAL RULE WEST VIRGINIA SURFACE MINE BOARD › Series 49-01 - Procedural Rules Governing Appeals Before The Surface Mine Board › Section 49-1-4 - Filing and Service of Documents

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Where to
				File. All pleadings or documents required to be filed with the board under these
				rules shall be filed with the Board's secretary, 601
				57th Street, S.E. Charleston, West Virginia
				25304.
4.2. Method of Filing. Filing
				may be accomplished by filing the original and seven (7) copies of any pleading
				or document by personal delivery, express mail, or by first class United States
				mail, postage prepaid.
4.3. When
				Filing Effective. Filing is effective upon personal delivery, upon delivery of
				express mail, or upon deposit in the United States mail as ascertained by
				postmark.
4.4. When Receipt
				Effective. For the purpose of calculation of time to respond, receipt is
				effective upon personal delivery, upon delivery by express mail, and will be
				deemed to be effective three days from the date of the postmark if received by
				first class United States mail, postage prepaid.
4.5. Service upon Other Parties. Copies of all
				documents filed with the board under these rules shall be served
				contemporaneously upon all other parties to the appeal. Whenever a party is
				represented by an attorney who has signed any document filed on behalf of the
				party or otherwise entered an appearance on behalf of the party, service
				thereafter shall be made upon the attorney.
4.6. Proof of Service. Unless otherwise
				provided for by these rules, all documents required to be served shall be
				accompanied by proof of service in the form of a certificate of service, which
				shall include a statement of how service was accomplished.
West Virginia Code of State Rules › Agency 49 - Surface Mine Board › Title 49 - PROCEDURAL RULE WEST VIRGINIA SURFACE MINE BOARD › Series 49-01 - Procedural Rules Governing Appeals Before The Surface Mine Board › Section 49-1-6 - Site Visits

Current through Register Vol. XLI, No. 28, July 12, 2024
Visits to the site of any activity or proposed activity shall be conducted in the manner provided for in W. Va. Code §
									22B-1-7(e) and pursuant to the conditions set forth in the order granting the visit.
West Virginia Code of State Rules › Agency 49 - Surface Mine Board › Title 49 - PROCEDURAL RULE WEST VIRGINIA SURFACE MINE BOARD › Series 49-01 - Procedural Rules Governing Appeals Before The Surface Mine Board › Section 49-1-7 - Intervention

Current through Register Vol. XLI, No. 28, July 12, 2024
Intervention shall be governed by the provisions of W. Va. Code §
									22B-1-7(e) and Rule 24 of the West Virginia Rules of Civil Procedure.
West Virginia Code of State Rules › Agency 49 - Surface Mine Board › Title 49 - PROCEDURAL RULE WEST VIRGINIA SURFACE MINE BOARD › Series 49-01 - Procedural Rules Governing Appeals Before The Surface Mine Board › Section 49-1-8 - Discovery

Current through Register Vol. XLI, No. 28, July 12, 2024
Parties may obtain discovery in accordance with the provisions of W.Va. Code §
									22B-1-8. Parties have twenty (20) days from receipt of the request to respond. A shorter or longer time may be agreed to in writing by the parties and filed with the Board.
West Virginia Code of State Rules › Agency 49 - Surface Mine Board › Title 49 - PROCEDURAL RULE WEST VIRGINIA SURFACE MINE BOARD › Series 49-01 - Procedural Rules Governing Appeals Before The Surface Mine Board › Section 49-1-10 - Rules of Evidence and Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Rules of
				Evidence. The rules of evidence as applied in civil cases in the circuit courts
				of West Virginia will govern evidentiary hearings before the board in accordance
				with W. Va. Code §
									29A-5-2.
10.2.
				Rules of Procedure. While the differences in the functions of the courts and
				administrative boards preclude the "wholesale transportation" of the Rules of
				Civil Procedure into the hearings before the board, some rules must be utilized
				to manage board hearings. Thus, as a matter of policy and to assure fairness, the
				appropriate Rules of Civil Procedure will guide the appeals process before the
				board.
West Virginia Code of State Rules › Agency 49 - Surface Mine Board › Title 49 - PROCEDURAL RULE WEST VIRGINIA SURFACE MINE BOARD › Series 49-01 - Procedural Rules Governing Appeals Before The Surface Mine Board › Section 49-1-11 - Ex Parte Contacts

Current through Register Vol. XLI, No. 28, July 12, 2024
An ex parte contact is an oral or written communication with the board or its staff regarding the merits of an appeal or motion which is not on the record in the proceeding and which is made without notice to and in the absence of the other party or parties. Such ex parte contacts are prohibited and any such communication will not be considered in the determination of an appeal.
West Virginia Code of State Rules › Agency 49 - Surface Mine Board › Title 49 - PROCEDURAL RULE WEST VIRGINIA SURFACE MINE BOARD › Series 49-01 - Procedural Rules Governing Appeals Before The Surface Mine Board › Section 49-1-12 - Confidential Information

Current through Register Vol. XLI, No. 28, July 12, 2024
The board may utilize in camera proceedings to review any document or other information that is claimed to be protected as confidential.
West Virginia Code of State Rules › Agency 49 - Surface Mine Board › Title 49 - PROCEDURAL RULE WEST VIRGINIA SURFACE MINE BOARD › Series 49-01 - Procedural Rules Governing Appeals Before The Surface Mine Board › Appendix 1 - WEST VIRGINIA SURFACE MINE BOARD CHARLESTON, WEST VIRGINIA

Current through Register Vol. XLI, No. 28, July 12, 2024
_________________________,
APPELLANT'S NAME,
Appellant,
v.
Appeal No.
DIRECTOR, DIVISION OF
________________________,
DEPARTMENT OF
ENVIRONMENTAL PROTECTION,
Appellee.
NOTICE OF APPEAL
Action Complained Of:
The appellant(s) named above respectfully represent(s) that it is aggrieved by: (describe the order, failure or refusal, or permit, and give date of the order or permit):
Relief Requested:
The appellant(s) therefore pray(s) that this matter be reviewed and that the Board grant the following relief (describe the relief sought):
Specific Objections:
The specific objections to the action, including questions of fact and law to be determined by the Board, are set forth in detail in separate numbered paragraphs and attached hereto. The objections may be factual or legal.
Dated this _____ day of ______________, 20 ______.
___________________________________
(Signature)
___________________________________
(Address)
___________________________________
___________________________________
(Telephone)
[1] This form is offered as guidance to unrepresented parties.
West Virginia Code of State Rules › Agency 50 - Shallow Gas Well Review Board › Title 50 - PROCEDURAL RULE SHALLOW GAS WELL REVIEW BOARD › Series 50-01 - Rules Of practice before The board › Section 50-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope.
(a) The procedures and rules of practice set
				forth herein shall govern and apply to all proceedings before the West Virginia
				Shallow Gas Well Review Board.
(b)
				These rules shall be liberally construed to secure the just, prompt and
				inexpensive conduct of all proceedings consistent with adequate consideration of
				the issues involved.
West Virginia Code of State Rules › Agency 50 - Shallow Gas Well Review Board › Title 50 - PROCEDURAL RULE SHALLOW GAS WELL REVIEW BOARD › Series 50-01 - Rules Of practice before The board › Section 50-1-2 - Rules Applicable To Proceedings Concerning The Location Of Shallow Gas Wells

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Scope.
The rules in this part govern and are applicable to proceedings
				  concerning the location of shallow wells under Code '22-7-7. In addition to the
				  rules contained in this part, the general rules of practice before the Board
				  contained in Section 1 and the rules relating to hearings held by the Board
				  contained in Section 5 are also applicable to such proceedings.
2.2. How Initiated; Notice of Meeting.
(a) Upon receipt of a Form IV-15, "Notice to
				West Virginia Shallow Gas Well Review Board of Objection Under Code '22-7-3 to a
				Proposed Drilling Site", from the Director, the Chairman shall call a meeting of
				the Board. Such meeting shall be scheduled not less than ten (10) days nor more
				than twenty (20) days from receipt by the Chairman of the notice of objection,
				and notice of such meeting shall be given by the Chairman at least ten (10) days
				in advance thereof to all parties and the remaining members of the
				Board.
(b) The notice of each meeting
				called by the Chairman pursuant to subsection (a) of this section shall issue in
				the name of the State, shall specify the style of the proceeding and a docket
				number assigned by the Chairman, shall state that such meeting is being called
				for the purpose of holding a conference and, if necessary, a hearing concerning
				the objections to proposed drilling, shall state the date, time and place of the
				meeting, and shall be signed by the Chairman.
(c) The notice of each meeting required by
				subsection (a) of this section shall be given in the manner provided in Code
				'22-7-6. A copy of such notice, including proof of service or publication
				thereof, shall be retained in the record of the proceeding by the Chairman. Proof
				of service or publication of such notice shall be made by (i) a verified return
				if service was made personally, (ii) a certificate of service or return receipt
				if service was by certified mail, or (iii) a copy of the published notice if
				service was by publication.
(d) The
				Chairman shall also mail, by regular United States mail, a copy of all notices
				given pursuant to subsection (a) of this section to all other persons who have
				specified to the Chairman an address to which all such notices may be
				mailed.
West Virginia Code of State Rules › Agency 50 - Shallow Gas Well Review Board › Title 50 - PROCEDURAL RULE SHALLOW GAS WELL REVIEW BOARD › Series 50-01 - Rules Of practice before The board › Section 50-1-3 - Rules Applicable To Proceedings To Establish Drilling Units

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Scope.
The rules in this part govern and are applicable to proceedings
				  concerning the establishment of drilling units under Code ''22-7-9, 10 and 11. In
				  addition to the rules contained in this part, the general rules of practice
				  before the Board contained in Section 1 and the rules relating to hearings held
				  by the Board contained in Section 5 are also applicable to such
				  proceedings.
3.2. How
				Initiated; Notice of Meeting.
(a) Upon receipt
				of an application to establish a drilling unit, the Chairman shall call a meeting
				of the Board. Such meeting shall be scheduled not less than ten (10) days nor
				more than twenty (20) days from receipt by the Chairman of the application to
				establish a drilling unit, and notice of such meeting shall be given by the
				Chairman at least ten (10) days in advance thereof to all parties and the
				remaining members of the Board.
(b)
				The notice of each meeting called by the Chairman pursuant to subsection (a) of
				this section shall issue in the name of the State, shall specify the style of the
				proceedings and a docket number assigned by the Chairman, shall state that such
				meeting is being called for the purpose of holding a conference and, if
				necessary, a hearing concerning the application to establish a drilling unit,
				shall state the date, time and place of the meeting, and shall be signed by the
				Chairman.
(c) The notice of each
				meeting required by subsection (a) of this section shall be given in the manner
				provided in Code '22-7-6. A copy of such notice, including proof of service or
				publication thereof, shall be retained in the record of the proceeding by the
				Chairman. Proof of service or publication of such notice shall be made by (i) a
				verified return if service was made personally, (ii) a certificate of service or
				return receipt if service was by certified mail, or (iii) a copy of the published
				notice if service was by publication.
(d) The Chairman shall also mail, by regular
				United States mail, a copy of all notices given pursuant to subsection (a) of
				this section to all other persons who have specified to the Chairman an address
				to which all such notices may be mailed.