Administrative Code

Virginia Administrative Code
5/27/2024

Part I. General and Specific Requirements for Certification

4VAC25-20-15. Definitions.

The following words and terms, when used in this chapter, shall have the following meaning unless the context clearly indicates otherwise:

"Appropriately related work experience" means work experience which demonstrates the applicant's skill and level of responsibility in performing tasks and prepares and equips him to perform in the capacity of a certified person.

"BCME" means Board of Coal Mining Examiners.

"Chief" means the Chief of the Division of Mines.

"Department" means the Department of Energy.

"Division" means the Division of Mines.

"DMLR" means Division of Mined Land Repurposing.

"EMT" means emergency medical technician.

"GCM" means general coal miner.

"MSHA" means the Mine Safety and Health Administration.

"Virginia coal mine safety regulations" means 4VAC25-60 through 4VAC25-125.

Statutory Authority

§ 45.2-103 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; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-20-20. General requirements.

A. Applicants shall submit the Application for Certification Examination, Form DM-BCME-1.

B. Applicants shall submit the Verification of Work Experience Form DM-BCME-2 and documentation of experience for approval by the chief if required for the certification. This information shall be signed by a company official knowledgeable of the experience of the applicant and shall be notarized.

C. Applicants shall submit a valid standard or advanced first aid certificate or card, first responder card, MSHA Form 5000-23 with the new miner training or annual refresher portion completed, or Emergency Medical Technician Certification except where noted. First aid shall be a component of training and examination for all certifications issued by the BCME.

D. Applicants shall submit documentation of all degrees, continuing education, and other training if required for certification.

E. Applicants shall submit a $10 fee to take each examination or to retake all or part of an examination.

F. The Application for Certification Examination and the applicable fees shall be submitted at least five working days prior to the examination.

G. Applicants shall fulfill the requirements of this section and accumulate the required years of experience no later than five years after passing the examination.

H. Those applicants not meeting the requirements of subsection G of this section shall begin the application process again, submitting a new application, taking the examination again, and paying the fee. A work experience form shall only be submitted if the applicant needs to update information.

I. Certificate holders shall notify the division office within 90 days of a change in their name, their mailing address, or the status of any certification required by this chapter. Failure to do so may prevent the division from notifying the certificate holder of the certification requirements. The last known address reported to the division will be used to mail notices and information.

Statutory Authority

§§ 45.1-161.28, 45.1-161.29, and 45.1-161.34 of the Code of Virginia.

Historical Notes

Derived from VR480-04-2 § 1.2, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997; Volume 20, Issue 23, eff. August 25, 2004.

4VAC25-20-30. Examination requirements.

A. Applicants for first class mine foreman, surface foreman, surface blaster, and underground shot firer certifications shall score at least 85% on each section of the written examination. Applicants for all other certifications shall score at least 80% on each section of the written examination.

B. If all or part of an examination is failed, then the applicant shall wait at least 10 working days after the notification letter has been sent before retaking the failed section or sections.

C. If a section of the examination is failed a second time, then the applicant shall wait at least 10 working days after the notification letter has been sent before retaking the entire examination.

D. If the examination is failed on the third try, then the applicant shall wait the greater of one year from the date of the first examination or 10 working days after the notification letter has been sent before he may begin the examination cycle again.

E. If one year passes prior to the third take of the examination, the certification cycle shall start over with a new application, fee, and examination. A work experience form shall only be submitted if the applicant needs to update information.

F. An examination may not be taken more than three times in one year. If a person fails any section or sections of a segmented underground mine foreman or electrical repairman examination, then the second take of the exam shall include only those sections failed during the first take and shall be given only after the person has completed the first take of all exam segments. If a person fails any section during the second take of the exam, then the person shall take the complete examination for the third take of the exam.

G. Applicants for certifications shall also pass the gas detection examination unless already certified in gas detection except as noted in the certification requirements in Part II (4VAC25-20-50 et seq.) of this chapter.

Statutory Authority

§§ 45.1-161.28, 45.1-161.29, and 45.1-161.34 of the Code of Virginia.

Historical Notes

Derived from VR480-04-2 § 1.3, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997; Volume 20, Issue 23, eff. August 25, 2004.

4VAC25-20-40. Requirements for reciprocity.

A. Reciprocity shall be available for persons certified by states which accept the corresponding Virginia certifications and whose certification requirements are substantially equivalent to Virginia's.

B. If reciprocity is requested by a person certified in another state which accepts the corresponding Virginia certification, a current copy of the pocket card or certificate, and documentation from the other state shall be submitted in addition to fulfilling the requirements in 4VAC25-20-20 and meeting other conditions established in the reciprocity agreement between the two states. These conditions shall at a minimum include the following:

1. Applicants for electrical reciprocity must pass the practical and the mine electrical records sections of the Virginia exam.

2. Applicants for mine foreman must take the Virginia Mining Law and Mine Records sections of the Virginia exam.

3. Applicants for advanced first aid who hold a current mine emergency technician certification from another state must take the eight hours of training with regard to recertification of CPR and the elements relevant to the advanced first aid program in Virginia.

C. Applicants for a surface blaster certification shall pass any other examinations required by the DMLR with a score of at least 85% and meet any corresponding DMLR requirements.

Statutory Authority

§§ 45.1-161.28, 45.1-161.29, and 45.1-161.34 of the Code of Virginia.

Historical Notes

Derived from VR480-04-2 § 1.4, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997; Volume 20, Issue 23, eff. August 25, 2004.

4VAC25-20-45. Approval of continuing education programs and sponsors.

A. Colleges, universities, training companies, manufacturers, operators, other organizations and persons who wish to sponsor a continuing education program shall submit information to the chief which explains how their program will meet the requirements outlined in this chapter. The request shall include a description of the proposed training, the instructor's name and certification numbers, and the tentative schedule and location. Applicants approved to provide training shall notify the division of the final schedule as soon as is practical.

B. Applicants who wish to have continuing education approved for credit shall submit information to the chief which explains how the training they attended meets the requirements outlined in this chapter. The request shall include a description of the training, the instructors name and certification numbers, and the date, time and location of the training.

C. The chief shall notify the applicant in writing of his decision to approve or disapprove the training.

Statutory Authority

§§ 45.1-161.28, 45.1-161.29, 45.1-161.34 and 45.1-161.35 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 22, eff. August 20, 1997.

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