Current through Register Vol. XLI, No. 24, June 14, 2024
Section 56-3-10 - Eligibility for Appointment as Surface Mine Inspector; Qualifications; Salary and Expenses; Removal10.1. 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.