Statutes, codes, and regulations
Wyoming Administrative Code
Agency 053 - Workforce Services, Department ofSubagency 0005 - Mining Council
Chapter 2 - CERTIFICATION SUSPENSION AND REVOCATION HEARINGS
Section 2-4 - Complaint Procedures

053-2 Wyo. Code R. § 2-4

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Current through April 27, 2019
Section 2-4 - Complaint Procedures

(a) Proceedings under these rules shall commence when a signed written complaint is filed, by the Complainant, with the State Mine Inspector.

(b) The Complainant must allege, based on actual firsthand knowledge, that a certificate holder:

  • (i) has violated a provision of the Act;
  • (ii) has violated rules and regulations promulgated under the Act;
  • (iii) was intoxicated while in duty status;
  • (iv) is suffering from mental disabilities or;
  • (v) has neglected his/her duties.

(c) A complaint must be filed with the State Mine Inspector within thirty (30) calendar days of the alleged violation.

(d) A complaint is deemed filed with the State Mine Inspector when the complaint is received at the State Mine Inspector's office and is date stamped. The State Mine Inspector's mailing address is P.O. Box 1094, Rock Springs, WY 82902.

(e) A complaint must contain, but is not limited to, the following:

  • (i) The name, current address and phone number (if any) of the Complainant.
  • (ii) The alleged violation of W.S. § 30-2-311(a).
  • (iii) The exact dates and approximate time of the violation.
  • (iv) The name of the mine and the exact location in the mine where the alleged violation took place.
  • (v) The name of the company that owns the mine where the alleged violation took place.
  • (vi) Details of the alleged violation.
  • (vii) Names of potential witnesses to the alleged violation.
  • (viii) The complaint must contain the following statement: "I verify that the information contained in this complaint is true and accurate."
  • (ix) Signature of the Complainant.

(f) The complainant must notify the State Mine Inspector, in writing, of any change in the Complainant's address or telephone number. The Complainant must notify the State Mine Inspector within fifteen (15) calendar days of the change.

(g) The complaint and its contents are not confidential. The State Mine Inspector may discuss the contents of the complaint with, and distribute copies of the complaint to, individuals being interviewed in the course of the investigation.

053-2 Wyo. Code R. § 2-4