Current through Register Vol. XLI, No. 19, May 10, 2024
Section 56-1-2 - Definitions2.1. Unless the context in which a word or phrase appears clearly requires a different meaning, all terms used in this rule that are not defined herein shall have the meanings set forth in W. Va. Code §22A-1-2.2.1.1. Assessment Officer: The term "Assessment Officer" shall mean any person or persons designated and appointed by the Director of the Office of Miners' Health, Safety and Training to carry out the duties of the Assessment Officer outlined in Section 4.2. of this rule.2.1.2. Assessment Review Officer: The term "Assessment Review Officer" shall mean any person or persons designated and appointed by the Director of the Office of Miners' Health, Safety and Training to carry out the duties of the Assessment Review Officer set forth in Section 4.3. of this rule.2.1.3. Code: The term "Code" when following a reference to a specific section, article, and chapter, shall mean the West Virginia Code of 1931, as amended.2.1.4. Director: The term "Director" means the Director of the Office of Miners' Health, Safety and Training.2.1.5. Declaratory ruling: The term "declaratory ruling" means a decision and order issued by the Director of the Office of Miners' Health, Safety and Training as a ruling pursuant to W. Va. Code §29A-4-l.2.1.6. Mine: The term "mine" shall mean any mine as defined in W. Va. Code §22A-1-2, and any surface mine as that term is defined in W. Va. Code R. §56-3-3.58.2.1.7. Notice of Violation: The term "Notice of Violation" shall mean a notice issued pursuant to the provisions of W. Va. Code §22A-1-15.2.1.8. Notice of Assessment: The term "Notice of Assessment" shall mean a notice issued for the assessment of a civil penalty pursuant to the provisions of W. Va. Code §22A-1-21, and described in Section 3.2. of this rule.2.1.9. OMHST: The term "OMHST" shall mean the Office of Miners' Health, Safety and Training.2.1.10. Presiding Officer: The term "Presiding Officer" shall mean the Director of OMHST or any person authorized by the Director to conduct hearings required or authorized under the coal mine health and safety laws of this State.2.1.11. Representative of Miners: The term "Representative of Miners" shall mean a person or organization designated by a group of miners to act as their representative before OMHST.2.1.12. Withdrawal order: The term "Withdrawal Order" means an order issued pursuant to W. Va. Code §22A-1-15.