Administrative Code

Virginia Administrative Code
9/16/2021

Part I. General and Specific Requirements

4VAC25-35-5. Definitions.

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

"Commencing work" means after employment but before beginning job duties.

"Department" means the Department of Mines, Minerals and Energy.

"Division" means the Division of Mineral Mining of the Department of Mines, Minerals and Energy.

"MSHA" means the federal Mine Safety and Health Administration.

Statutory Authority

§ 45.1-161.292:19 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 30, Issue 6, eff. January 3, 2014.

4VAC25-35-10. Initial certification requirements.

A. Applicants shall submit:

1. An application for certification examination in a form acceptable to the division.

2. Verification of all degrees required for certification and a valid first aid certificate as noted in Part II, Minimum Certification Requirements (4VAC25-35-50 et seq.). When not otherwise specified, first aid certifications shall be issued by an organization that uses nationally recognized standards and is approved by the division, e.g., American Red Cross and National Safety Council.

3. A $10 fee for each examination application received at least five working days prior to an examination. Cash will be accepted if paying in person at a department office.

4. Verification of work experience in a form acceptable to the division and documentation of equivalent work experience for approval by the division, if required for the certification. Work experience shall be verified by a company official who is knowledgeable of the experience of the applicant.

B. Applicants shall fulfill the requirements of this section and accumulate the required years of experience within five years of taking the examination or start the process over including payment of fee.

C. Applicants for the general mineral miner certification shall submit a $10 processing fee with their application.

Statutory Authority

§ 45.1-161.292:19 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 12, Issue 8, eff. February 7, 1996; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 28, Issue 21, eff. July 18, 2012; Volume 30, Issue 6, eff. January 3, 2014.

4VAC25-35-20. Examination requirements.

A. All applicants for certification shall take an examination except candidates for the general mineral miner certification and electrical certification applicants who hold a valid journeyman or master electrical license issued by the Department of Professional and Occupational Regulation. Applicants for the foreman certification shall score at least 85% and applicants for other certifications shall score at least 80% on each section of the examination. Examinations will be given in a manner specified by the division, including, but not limited to, online or written examinations.

B. If all or part of an examination is failed, the applicant must pay the examination fee and retake the failed section or sections within 90 days to continue the certification process. If a section of the examination is failed a second time, the applicant must pay the fee and retake the entire examination. If the examination is failed on the third try, the applicant must pay the fee and wait the longer of 90 days from the re-examination date or one year from the initial examination date before retaking the entire exam. After the third attempt, the application cycle starts over.

Statutory Authority

§ 45.1-161.292:19 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 12, Issue 8, eff. February 7, 1996; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 30, Issue 6, eff. January 3, 2014.

4VAC25-35-30. Reciprocity requirements.

Reciprocity shall be available for certified persons in other states as provided for in § 45.1-161.292:24 of the Code of Virginia. Applicants for reciprocity must submit proof of current certification, examination grades, and documentation of equivalent work experience for review and approval by the department.

Statutory Authority

§ 45.1-161.292:19 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 12, Issue 8, eff. February 7, 1996; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 28, Issue 21, eff. July 18, 2012.

4VAC25-35-40. Renewal requirements.

A. The division will send renewal notices to the last known address of the certificate holder at least 180 days prior to the expiration of the certificate. Certified persons shall apply for renewal of certificates by submitting an application for renewal and verification of work experience in a form acceptable to the division no more than 180 days prior to the expiration of their certificate. The application shall be submitted in time to be received at least five working days prior to the date of the examination or refresher class.

B. Certified persons, except mine inspectors, who have worked in the classification for which they are certified for a cumulative minimum of 24 months in the last five years shall select one of two options to renew their certificates; either take an examination or complete a refresher class on any changes in regulations and law since the initial certification or the certificate was last renewed.

C. Certified persons shall take the examination described in 4VAC25-35-20 if their certificate has expired, they have not worked in the classification for which they are certified for a cumulative minimum of 24 months in the last five years, or the division has issued the individual violations that have not been corrected.

D. Successful completion of the mine inspector renewal shall suffice for renewing the mine foreman certification.

E. Applicants for renewal of certifications shall hold a valid first aid certificate to renew their certification.

F. Applicants shall submit a $10 fee for the examination or the refresher class which shall be received at least five working days prior to the examination or class. Cash will be accepted if paying in person at a department office.

Statutory Authority

§ 45.1-161.292:19 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 12, Issue 8, eff. February 7, 1996; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 28, Issue 21, eff. July 18, 2012; Volume 30, Issue 6, eff. January 3, 2014.

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