Current through Register Vol. XLI, No. 19, May 10, 2024
Section 56-8-10 - Review Procedure10.1. If a comprehensive mine safety program or modifications thereto are rejected by the director pursuant to Sections 6.3, 8.2., or 9.1. of this rule, the operator or independent contractor shall be entitled to a hearing before the director to contest such rejection.10.2. The operator or independent contractor may petition the director to be removed from annual review. In that petition, the operator or independent contractor shall set forth reasons as to why it should no longer be subject to annual review. If the director rejects that petition, the operator or independent contractor shall be entitled to a hearing before the director to contest such rejection.10.3. The operator or independent contractor shall notify the director within fifteen (15) days of the receipt of such rejection that he/she is requesting a hearing and shall state specifically his/her reasons thereto. A hearing shall be scheduled within ten (10) days of the receipt of the request for hearing and shall be held within twenty (20) days of such request.10.4. Any operator or independent contractor adversely affected by a decision rendered by the director pursuant to subsection 9.2. of this rule may appeal such decision in accordance with W. Va. Code § 29A-5-4.