W. Va. Code R. § 56-3-11

Current through Register Vol. XLI, No. 24, June 14, 2024

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

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.

W. Va. Code R. § 56-3-11