2 Colo. Code Regs. § 407-5-1

Current through Register Vol. 47, No. 23, December 10, 2024

Rule 2 CCR 407-5-1 - GENERAL PROVISIONS AND REQUIREMENTS

1.1 Authority

This regulation is adopted pursuant to the authority in section 34-22-102, C.R.S. and is intended to be consistent with the requirements of the State Administrative Procedures Act, section 24-4-101 et seq. (the "APA"), C.R.S. and the Coal Mine Board of Examiners Act, sections 34-22-101 et seq. (the "Act"), C.R.S.

1.2Scope and Purpose

This regulation shall govern the health and safety of coal miners.

1.3 Applicability

These regulations shall be applicable to coal mines.

1.4Definitions

(1)Advisory panel means a designation given by the Board to a person or group of persons providing technical assistance to the Board in preparing, administering and grading examinations for certified coal mine positions. (An example would be an electrical advisory panel).

(2)APA refers to the Administrative Procedures Act, C.R.S. 24, Article 4, and the Open Meetings Law, C.R.S. 24, Article 6. (1995 Replacement Vol. and 1996 Cumulative Supp.) (24-4-107)

(3)Applicant means a person who submits an application and appropriate fee, as necessary for examination under these rules.

(4)Applicant who qualifies means a person who has submitted a complete and accurate application, paid the required fee, and has been notified by the Office that they are eligible to take an examination.

(5)Application fee means the fee required for examination as provided by law or in these rules. (34-22-111)

(6)Application forms means forms approved by the Board for the purposes of obtaining information pertinent to the qualifications of an individual to test, retest, or upgrade for a certified coal mine position

(7)Approved means as accepted by the Division, Board, Office, or inspector.

(8)Authorized person or representative means a person employed by the Division who is designated by the Director to conduct safety and health studies, equipment surveys, tests and technical assistance visits and to perform other duties assigned by the Director. (34-20-102(3))

(9)Board means the Coal Mine Board of Examiners established by CRS 34-22-102.

(10)Candidate means an applicant who qualifies and has completed the testing portion and is awaiting the results; or an applicant who has been given temporary certification by the Board until the next available test opportunity.

(11)Certification means a letter, miner's card and certificate stating that certification has been obtained; also referred to as "papers".

(12)Certificate of competency means a written declaration made, and other media issued and assured by the Board that a person has successfully qualified and passed the required examination(s) for a specific certified coal mine position, and is therefore eligible for employment in that position in coal mines in Colorado.

(13)Certified coal miner means one who has obtained certification for a state or federally recognized certified coal mine position, also means a certified individual, or person.

(14)Certified coal miner position means a state or federally recognized, surface or underground, coal mining position, where certification is a condition for employment in that position. (34-22-105) Recognized positions include, but are not limited to:

Certified Coal Miner Positions	Required by
underground mine foreman	state and federal
underground assistant mine foreman	federal
underground mine examiner	state and federal
underground electrician	state and federal
underground methane and oxygen deficiency tester	state and federal
underground hoistman	state and federal
underground shot-firer	state and federal
surface mine foreman	state and federal
surface assistant mine foreman	federal
surface mine examiner	federal
surface electrician	state and federal
surface blaster	state and federal,
surface methane and oxygen deficiency tester	state and federal
surface shot firer	state

(15)Commissioner means the Commissioner of Mines, who may also be the Executive Director of the Department of Natural Resources, or a person otherwise designated by the Executive Director. (34-21-102)

(16)C.R.S. means Colorado Revised Statutes, (1995 Replacement Vol. and 1996 Cumulative Supp.), statutory authority and provisions as approved, revised or amended by the general assembly.

(17)Decertification means a process of suspending and/or revoking a certification previously issued by the Board.

(18)Deny qualifications means a determination by the Board that an applicant has not met the minimum qualifications and/or other criteria necessary to be examined for certification.

(19)Department means the Colorado Department of Natural Resources.

(20)Director means the Director of the Division of Reclamation, Mining and Safety.

(21)Division means the Division of Reclamation, Mining and Safety, established by CRS 34-20-103.

(22)Fire boss means underground certification previously issued by the state, now termed an underground mine examiner. (34-22-112(4))

(23)Inspector means an employee or authorized agent of the Office of Active and Inactive Mines.

(24)MSHA means the Mine Safety and Health Administration, U. S. Department of Labor; the federal agency charged with administering, coordinating and enforcing the federal program for mine health and safety regulation in the United States.

(25)Office means the Office of Active and Inactive Mines, in the Division of Reclamation, Mining and Safety, established in CRS 34-21-101, (1995 Replacement Vol. and 1996 Cumulative Supp.).

(26)Operator means any owner, lessee, independent contractor or other person who operates, controls, or supervises a mine.

(27)Policy means the policy of the Coal Mine Board of Examiners.

(28)Qualified applicant means an applicant who has been accepted and approved by the Board for examination for a certified position.

(29)Qualified means a person has been trained and authorized to perform certain duties at the mine; or, that a person has satisfied a set of criteria.

(30)Reason to believe notice means an official certified notice from the Office or Board that there is just cause to bring an issue under the jurisdiction of the Board forward for consideration and action by the Board.

(31)Recertification means the process of certifying an individual who has previously held certification, but whose certification has lapsed or been terminated.

(32)Reciprocity means granting temporary state certification, or recognizing for some period of time as valid, a certification issued by another state or agency.

(33)Registration means the official record of a valid certification by the Board.

(34)Renewal means the reissue or continuation of certification, based upon the individual's successful completion of the requirements pertinent to the renewal.

(35)Revocation means the outcome of a due process and final determination by the Board, or by another agency with the authority to revoke certification, in which an individual's certificate of competency is revoked or annulled. (24-4-104 and 34-22-107)

(36)Satisfactory eyesight means a demonstration or medical proof that a certified individual has adequate eyesight to perform the functions required of the certified position. (34-22-112(1))

(37)Satisfactory hearing means a demonstration or medical proof that a certified individual has adequate hearing to perform the functions required of the certified position. (34-22-112(1))

(38)State certification means certification issued by Colorado. (34-22-102(1)(a),(b),(e) and 34-22-105(4))

(39)Temporary certification means the granting of interim, non-renewable certification by the Board, not to exceed a period beyond two weeks after the next scheduled examination date.

1.5Coal Mine Board of Examiners: Meetings and Structure

(1) The board of examiners shall meet every year, or more frequently, if necessary, at times and places designated by the chairman. (34-22-104(1))

(a) Notice of any special meeting of the Board, and the subject matter to be discussed, shall be posted on the Division's notice board no less than 24 hours prior to holding such meeting. (24-6-402(2)(c))

(b) Notice of any hearing conducted by the Board, at which the Board will consider possible suspension or revocation of an individual's certification, must be given no less than 60 days prior to such hearing. Such notice and proceedings shall be conducted in accordance with Rule 6 of these rules. (24-4-104)

(2) Except for executive sessions of the Board, all meetings shall be open to the public and any interested person may appear and may, if time permits, make oral and/or written presentations on any subject matter within the Board's jurisdiction. (24-6-402)

(a) In the event the presenter's item has not been properly noticed, the matter will be handled as an informational agenda item with no formal action of the Board being taken. The Board may schedule the item for a future Board meeting for action.

(3) Special and emergency meetings of the Board may be called by the chair or a designee of the chair, in compliance with the notification procedures in these rules and the Colorado APA.

(4) At the first regular calendar year meeting of the Board, the Board's chair shall be elected by a majority vote of voting Board members present, for a term of one year. The chair shall preside at meetings and perform other duties as designated by the Board. (34-22-104(1))

(a) A quorum shall be constituted by the presence of three voting Board members, or two voting members and the ex-officio member.

(b) The ex-officio member is a non-voting member. (34-22-102(e)

(5) The Board shall act by a majority vote of its voting members present or participating by teleconference, except as provided in Rule 1.2 . A majority vote shall be considered: three voting members when four voting members are participating, two voting members when three voting members are present, and two voting members when two voting members and the ex-officio member are present.

(6) Three affirmative votes shall be required for adoption of any amendment of existing rules, or the adoption of any new rule.

(7) Board meetings may be conducted by telecommunications when special circumstances warrant such a meeting.

(8) Accurate minutes of the meetings of the Board shall be kept by the Division staff assigned to the Board. Minutes shall be subject to approval by the Board at its next regular meeting.

(9) Those portions of business relating to examination preparation and evaluation shall be conducted in executive session.

(10) The Board may select and convene expert advisors in the form of advisory panels for the purposes of preparation, evaluation and grading examinations. Advisors shall be entitled to compensation for their expenses, in the same manner as Board members.

(11) The Board shall examine applicants and issue certificates of competency for:

(a) positions requiring certification by federal law

(b) positions requiring certification by state law

(12) The Board may add or delete state certified positions, and change the criteria for certification of state positions in conjunction with changes corresponding to CFR 30 regulations, CRS, and/or these rules.

(13) Expenses of Board members and advisory panel members shall be reimbursed at actual cost, in accordance with state fiscal rules. (34-22-103)

1.6Notification Process for Board Meetings and Hearings

The Board or Office shall maintain and distribute a meeting mailing list of interested persons who wish to be notified of the regular meetings and hearings of the Board, and the nature of the business to be discussed.

(1) A meeting notice and an agenda shall be posted in the offices of the Division of Reclamation, Mining, and Safety on the Division's notice board, in accordance with notification requirements in these rules.

(2) Notification for hearings and actions of the Board shall be given in a timely manner as specified in statute or these rules.

1.7Notification Process for Training and Certification Examinations

The Board or Office shall maintain and distribute a notification mailing list of interested persons wishing to be notified of scheduled training or retraining sessions offered by the Office, and examinations conducted by the Board for certified coal miner positions.

(1) The Office may request the advice and assistance of the Board in developing training and retraining programs for coal mines with respect to coal mine certification requirements. (34-23-101(3))

(2) On a quarterly basis, the Office shall send notice to its mailing list, the dates and general locations of the next three quarters of examinations. (34-22-110 and 34-22-104(2))

1.8 Preparation and Conduct of Examinations for Certification

(1) The Board shall prepare and maintain an inventory of examination questions for the purpose of preparing examination tests for certification of various coal miner positions. (34-22-102(a))

(2) Examinations will be graded by the Board and associated expert panels or advisors as necessary.

(3) In order to eliminate duplicative processes, the Board may coordinate and administer examinations in part or whole with the Mine Safety and Health Administration (MSHA) as appropriate.

1.9Public Inspection of Documents, Confidential Information

(1) Except as provided in Rule 1.6, all records of actions or findings of the Board and any other information required under this law or these rules shall be promptly made available to any member of the public for inspection at the offices of the Division of Reclamation, Mining and Safety.

(a) Confidential material such as test examinations, test questions, or test results are not available to the public for inspection.

(b) Personal information of an applicant or certified person is not available to the public for inspection.

(2) Upon request, copies of documents available to the public shall be provided at cost or other suitable arrangements made for copying at the requester's expense, as allowed by copyright law.

(3) The Board shall make every reasonable attempt to protect the confidentiality of an applicant or certified person's personal information, except as may be required by law.

1.10 Fees

(1) A non-refundable fee shall be paid by the applicant and submitted with the application for examination.

(a) If for some reason the applicant does not test at the next quarterly examination following the date of application, the application and fee shall remain on file and considered valid for any of the next three regular quarterly examinations.

(b) If the applicant does not take the examination within a year of filing the application, a new application and fee must be submitted.

(2) The amount of the fee shall be that as established in statute. (34-22-111)

(3) The application fee shall be applicable to the test position and test date for which it was originally submitted, and shall not be transferable to another type of application, or another testing date without the written approval of the Office.

1.11 Change of Address or Employer Notification

In order for the Board and Office to be able to notify applicants of examination results and future training or examination opportunities, it is the responsibility of the applicant or certified person to keep the Office and Board notified of any mailing address change, or change of employer.

2 CCR 407-5-1