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 56-3-11 - Mine Inspectors' Examining Board Abolished and Duties Imposed Upon the Board of Coal Mine Health and Safety

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The mine
				inspectors' examining board is hereby abolished and all duties and
				responsibilities imposed upon the mine inspectors' examining board are
				transferred and hereby imposed upon the board of coal mine health and
				safety.
11.2. The board of coal
				mine health and safety shall meet at such times and places as shall be
				designated by the chairman. It shall be the duty of the chairman to call a
				meeting of the board of coal mine health and safety on the written request of
				three (3) members or the director of OMHST. Notice of each meeting shall be
				given in writing to each member by the secretary at least five (5) days in
				advance of the meeting.
11.3. A
				quorum of this board is four (4) members which shall include at least two (2)
				members representing the viewpoint of operators and at least two (2) members
				representing the viewpoint of the working miners, and the board may act
				officially by a majority of those members who are present, except no vote of
				this board may be taken unless all six (6) voting members are
				present.
11.4. In addition to other
				duties expressly set forth in W. Va. Code §22A-G-1
et
				seq
., the board of coal mine health and safety shall:
11.4.1. Establish, and from time to time
				revise, forms of application for employment as mine inspectors and forms for
				written examinations to test the qualification of candidates for the
				position;
11.4.2. Adopt and
				promulgate reasonable rules relating to the examination, qualification and
				certification of candidates for appointment as mine inspectors, and hearings
				for removal of inspectors, required to be held under chapter 22A of the code.
				All of such rules shall be printed and a copy thereof furnished by the
				secretary of the board to any person upon request;
11.4.3. Conduct after public notice of the
				time and place thereof, examinations of candidates for appointment as mine
				inspector. By unanimous agreement of all members of the board of coal mine
				health and safety, one (1) or more members of the board of coal mine health and
				safety may be designated to give a candidate the written portion of the
				examination.
11.4.4. Prepare and
				certify to the director a register of qualified eligible candidates for
				appointment as mine inspectors. The register shall list all qualified eligible
				candidates in the order of their grades, the candidates with the highest grade
				appearing at the top of the list. After each meeting of the board of coal mine
				health and safety held to examine such candidates, and at least annually, the
				board of coal mine health and safety shall prepare and submit to the director a
				revised and corrected register of qualified eligible candidates for appointment
				as mine inspector, deleting from such revised register all persons (a) who are
				no longer residents of West Virginia, (b) who have allowed a calendar year to
				expire without, in writing, indicating their continued availability for such
				appointment, who have been passed over for appointment for three (3) years, (d)
				who have become ineligible for appointment since the board of coal mine health
				and safety originally certified that such person was qualified and eligible for
				appointment as mine inspector, or (e) who, in the judgment of the board of coal
				mine health and safety, should be removed from the register for good
				cause.
11.4.5. Cause the secretary
				of the board of coal mine health and safety to keep and preserve the written
				examination papers, manuscripts, grading sheets, and other papers of all
				applicants for appointment as mine inspector for such period of time as may be
				established by the board of coal mine health and safety. Specimens of the
				examinations given, together with the correct solution of each question, shall
				be preserved permanently by the secretary of the board of coal mine health and
				safety;
11.4.6. Issue a letter or
				written notice of qualifications to each successful eligible
				candidate;
11.4.7. Hear and
				determine proceedings for the removal of mine inspectors in accordance with the
				provisions of chapter 22A of the code;
11.4.8. Hear and determine appeals of mine
				inspectors from suspension orders made by the director pursuant to the
				provisions of W. Va. Code §
										22A-1-4: Provided, that an aggrieved inspector,
				in order to appeal from any order or suspension, shall file such appeal in
				writing with the board of coal mine health and safety no later than ten (10)
				days after receipt of notice of suspension. On such appeal the board of coal
				mine health and safety shall affirm the act of the director unless it be
				satisfied from a clear preponderance of the evidence that the director has
				acted arbitrarily;
11.4.9. Make an
				annual report to the governor and the director concerning the administration of
				mine inspection personnel in the state service, making such recommendations as
				the board of coal mine health and safety considers to be in the public
				interest.