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Virginia Administrative Code
Title 4. Conservation And Natural Resources
Agency 25. Department of Energy
Chapter 20. Board of Coal Mining Examiners Certification Requirements
2/21/2024

4VAC25-20-400. Results of the on-site examination.

A. The mine inspector will promptly check the responses given by the underground mine foreman for each of the 10 questions asked. At least eight of the 10 questions must be answered correctly to successfully complete the on-site examination. The results of the on-site examination will be reviewed promptly with the underground mine foreman. A copy of the written on-site examination competed by the underground mine foreman will be provided to him promptly by the mine inspector.

B. The circumstances related to the on-site examination of the underground mine foreman, including pass or fail results, will be described in the inspector's report, and will be reviewed as part of the closeout of the scheduled inspection activity for the mine.

C. The chief will notify the underground mine foreman and mine operator in writing of the petition to the BCME for a formal hearing. Should a petition for a hearing be requested, the hearing would be conducted in accordance with Part VI (4VAC25-20-410 et seq.) of this chapter.

D. If an underground mine foreman successfully appeals a violation which resulted in an on-site evaluation and further establishes to the BCME that he had a thorough knowledge of such plans, then the failure of the on-site examination shall not be used in any other revocation against the foreman.

Statutory Authority

§§ 45.1-161.28 and 45.1-161.34 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 22, eff. August 20, 1997; amended, Virginia Register Volume 34, Issue 1, eff. October 19, 2017.

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