Certificate of competency; fee; report
Sec. 13. (a) Except as provided in subsection (g), a person may
not be employed underground in any coal mine in this state unless he
possesses a certificate of competency issued by the director or the
mine inspector by authority of the director. However, a person who
does not possess a certificate may be employed to work with a person
who does possess a certificate for the purpose of becoming qualified
to obtain a certificate. Any person working to obtain a certificate
must first obtain a permit from the director by stating his date of
birth and residence address. The director shall grant a permit to each
applicant who is of legal age and who has such intelligence and
character that he will not be a danger to life and property.
(b) A certificate of competency shall be granted to each applicant
who has had six (6) months experience underground in coal mines.
(c) The director's record shall include the names of all applicants
for certificates and the names of all persons to whom certificates are
issued correlated with the certificate numbers.
(d) The director or the mine inspector shall make available a
portion of his inspection time to each mine for the purpose of issuing
certificates to qualified applicants.
(e) Each applicant for a certificate must pay the director at the
time of application a fee of five dollars ($5). All money received
shall be paid over to the state general fund at least once a month.
(f) Once every month each inspector shall report to the director
the names of all persons issued certificates, the amount of money
received, the names of all persons refused certificates, and the
reasons for the refusals, and such reports shall be open for inspection
by interested persons.
(g) If a person has been convicted of a felony under 30 U.S.C. 820
and fewer than five (5) years have elapsed from the person's date of
discharge from probation, imprisonment, or parole, the person may
not:
(1) obtain a certificate of competency;
(2) be employed to work with a person who does possess a
certificate; or
(3) obtain a permit to work toward a certificate of competency;
under subsection (a).
(Formerly: Acts 1955, c.168, s.27; Acts 1971, P.L.358, SEC.7; Acts
1973, P.L.242, SEC.2.) As amended by Acts 1979, P.L.231, SEC.7;
Acts 1981, P.L.210, SEC.3; P.L.37-1985, SEC.51; P.L.165-1997,
SEC.2.
Last modified: May 27, 2006