Current through Register Vol. XLI, No. 43, October 25, 2024
Section 36-37-4 - Procedures for Promulgating Regulations in Response to Fatalities4.1. The Commissioner of the Department of Energy shall provide the Board with all available reports regarding each coal mine fatality within sixty (60) days of the accident.4.2. The Administrator shall submit a report to the Board which analyzes each coal mine fatality within ninety (90) days of the accident. The report shall summarize the relevant facts concerning the accident, including: (b) Contributing factors to the accident(c) Notices of violation issued(d) Recommendations made by the investigating team(e) Follow up to the recommendations, if any(f) Existing laws, regulations, and policies relevant to the cause of the accident.4.3. Within one hundred twenty (120) days of the review of the available reports, the Board shall take the following actions on each fatality reviewed:(a) The Board shall direct the Administrator to prepare findings of fact and conclusions of law.(b) The Board shall formally vote on whether to approve the findings of fact and conclusions of law.(c) The Chairman shall call for a formal vote on whether the promulgation of rules and regulations by the Board could assist in preventing the recurrence of the specific type of fatality. A majority of the quorum present must vote against having additional regulations in order for this motion to fail.(d) If the Board determines that no rules or regulations would assist in preventing the specific type of fatality in question, the Board must publish, within a reasonable time, it's findings and conclusions, as provided for in Section 4.3(b), and the reasons for it's determination that no additional regulations are needed. These findings and conclusions shall be maintained at the Department of Energy office in Charleston, and be made available to interested persons for inspection or copies.(e) If the Board determines that the promulgation of rules and regulations would assist in preventing the specific type of fatality, it shall take the following actions: (1) The Board shall direct the Administrator to prepare proposed regulations consistent with the findings of fact and conclusions of law approved by the Board.(2) The Board shall formally vote on whether to promulgate the proposed regulations. The Board may make such proposed regulations available for comment by interested persons in accordance with Code 22-6-4, provided such action can be completed and final action taken on the regulation within the one hundred twenty (120) day period.(3) If the Board decides to promulgate the regulation as is or with modifications, provided such modifications are supported by factual findings developed by the Board, the regulation shall be filed in the Secretary of State's office, and a notice of final rulemaking and a copy of the final regulation shall be sent to all affected operators and other interested persons.(4) If the Board determines that no regulation can be developed to be consistent with the findings and conclusions, it shall direct the Administrator to prepare amended findings and conclusions stating the reason for such determination. Upon approval, the Board shall, within a reasonable time, publish these findings and conclusions and shall maintain them at the Department of Energy office in Charleston to be available to interested persons for inspection or copies.