Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 690-510 - Certification actions(a) Denial.--The department shall not issue a certification if, after investigation and an opportunity for an informal hearing, it finds that the applicant lacks the ability or intent to comply with this act.(b) Sanctions.--(1) The department may modify, suspend or revoke a certification under this act if it determines that the holder has done any of the following:(i) Failed to comply with this act, a regulation under this act or any approval, standard or order under this act.(ii) Interfered with the safe and lawful operation of any mine.(iii) Engaged in unlawful conduct under this act.(2) An appeal to the Environmental Hearing Board shall be treated as a petition for a supersedeas.(3) An action under this subsection shall be taken only if the monetary penalty under section 503 is inadequate.(4) This subsection is subject to 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and 7 Subch. A (relating to judicial review of Commonwealth agency action) and the act of July 13, 1988 (P.L. 530, No. 94) , known as the Environmental Hearing Board Act.(c) Retesting.--A mine official whose certificate has been revoked shall have the right after five years of work experience in an underground bituminous coal mine, two years of which must be in a working section, to be reexamined and, upon receipt of a satisfactory score on the examination, the mine official shall be given another certificate of qualification.(d) Other remedies.--This section is in addition to any other remedy afforded the department under this act or any other provision of law.2008, July 7, P.L. 654, No. 55, §510, effective in 180 days [ 1/5/2009].