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 56-3-10 - Eligibility for Appointment as Surface Mine Inspector; Qualifications; Salary and Expenses; Removal

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. In order
				to qualify for employment as a surface mine inspector, an eligible applicant
				shall meet the requirements found in W. Va. Code §
									22A-1-13, and submit to
				a written and oral examination given by the board of coal mine health and
				safety. The examination shall relate to the duties to be performed by a surface
				mine inspector and may, subject to the approval of the board of coal mine
				health and safety, be prepared by the director.
10.2. If the board of coal mine health and
				safety finds after investigation and examination that the applicant (1) is
				eligible for appointment, and (2) has passed each required examination with a
				grade of at least seventy-five percent (75%), or an overall combined average
				score of eighty percent (80%), the board of coal mine health and safety shall
				add such applicant's name and grade to the register of qualified eligible
				candidates and certify its action to the director. The director may then
				appoint one (1) of the candidates from the three (3) having the highest
				grades.
10.3. All such appointees
				shall be citizens of West Virginia, in good health, not less than twenty-four
				(24) years of age, of good character and reputation, and temperate in habits.
				No person shall be eligible for permanent appointment as a surface mine
				inspector until having served in a probationary status for a period of one (1)
				year to the satisfaction of the director.
10.4. Surface mine inspectors serving as such
				on the effective date of this section (July 1,1977) may continue to serve for a
				probationary period not exceeding one (1) year and if eligible as prescribed by
				this section, may qualify for appointment during such probationary period in
				accordance with the provisions of this section.
10.5. However, surface mine inspectors
				employed on the effective date of this section (July 1,1977) and who have
				served to the satisfaction of the director for a period of two (2) years or
				more may continue to serve on a permanent tenure basis. In the performance of
				duties devolving upon surface mine inspectors, they shall be responsible to the
				inspector-at-large of OMHST of their respective region.
10.6. Salaries of surface mine inspectors
				shall be not less than fifty-three thousand nine hundred four dollars
				($53,904.00) per year. In the discharge of their official duties in privately
				owned vehicles, surface mine inspectors shall receive mileage at the rate
				applicable to state employees. A surface mine inspector, after having received
				a permanent appointment, may be removed from office only for physical or mental
				impairment, incompetency, neglect of duty, public intoxication, malfeasance in
				office, or other similar good cause.