West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-03 - Safety Of Those Employed In And Around Surface Mines In WV › Section 56-3-14 - Review of Orders and Notices by the Director

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. An operator, issued an order pursuant
				to the provisions of W. Va. Code §
									22A-1-15, or any representative of
				miners in any mine affected by such order or by any modification or termination
				of such order, may apply to the director for review of the order within thirty
				(30) days of receipt thereof or within thirty (30) days of its modification or
				termination. An operator, issued a notice pursuant to W. Va. Code
				§
									22A-1-15(b) or any representative of miners in any mine affected by such
				notice, may, if he/she believes that the period of time fixed in such notice
				for the abatement of the violation is unreasonable, apply to the director for
				review of the notice within thirty (30) days of the receipt thereof. The
				applicant shall send a copy of such application to the representative of miners
				in the affected mine, or the operator, as appropriate. Upon receipt of such
				application, the director shall cause such investigation to be made as he
				deemed appropriate. Such investigation shall provide an opportunity for a
				public hearing, at the request of the operator or the representative of miners
				in such mine, to enable the operator and the representative of miners in such
				mine to present information relating to the issuance and continuance of such
				order or the modification or termination thereof or the time fixed in such
				notice. The filing of an application for review under this law shall not
				operate as a stay of any order or notice.
14.2. The operator and the representative of
				the miners shall be given written notice of the time and place of the hearing
				at least five (5) days prior to the hearing.
14.3. Upon receiving the report of such
				investigation, the director shall make findings of fact, and shall issue a
				written decision, incorporating therein an order vacating, affirming,
				modifying, or terminating the order, or the modification or termination of such
				order, or the notice complained of and incorporate the findings
				therein.
14.4. In view of the
				urgent need for prompt decision of matters submitted to the director under this
				rule, all actions which the director takes under this section shall be taken as
				promptly as practicable, consistent with adequate consideration of issues
				involved.
14.5. Pending completion
				of the investigation required by this section, the applicant may file with the
				director a written request that the director grant temporary relief from any
				modification or termination of order, or from any order issued under W. Va.
				Code §
									22A-1-14, except an order issued under W. Va. Code §
									22A-1-15,
				together with a detailed statement giving reasons for granting such relief. The
				director may grant such relief, under such conditions as he/she may prescribe,
				if:
14.5.1. A hearing has been held in which
				all parties were given an opportunity to be heard;
14.5.2. The applicant shows that there is
				substantial likelihood that the findings of the director will be favorable to
				the applicant; and
14.5.3. Such
				relief will not adversely affect the health and safety of miners.