CHAPTER 1.5. GENERAL PROVISIONS
IC 22-10-1.5
Chapter 1.5. General Provisions
IC 22-10-1.5-1
Application of article
Sec. 1. This article applies to all mines.
As added by P.L.37-1985, SEC.46. Amended by P.L.215-1989,SEC.3; P.L.35-2007, SEC.3.
IC 22-10-1.5-2
Mining board; establishment; membership; meetings
Sec. 2. (a) The mining board is established. The board iscomposed of five (5) members appointed by the governor. Themembers must have the following qualifications:
(1) Two (2) members must be practical and experiencednonsupervisory underground coal miners.
(2) Two (2) members must be practical and experiencedunderground coal operators.
(3) One (1) member must represent the general public and mustnot be associated with the coal industry.
(b) The governor shall appoint each member to a four (4) yearterm. The governor shall fill any vacancy occurring on the board forthe unexpired term of the member being replaced. The individualappointed to fill a vacancy must have the same qualifications as themember the individual is replacing.
(c) The governor may remove a member of the board for cause.
(d) The board shall organize by the election of a chairman for aone (1) year term.
(e) The board may hold meetings on the call of the chairman orthe director.
As added by P.L.37-1985, SEC.46. Amended by P.L.112-1992,SEC.1; P.L.35-2007, SEC.4.
IC 22-10-1.5-3
Mining board; salaries; expenses
Sec. 3. (a) Except as provided in subsection (b), a member of theboard is not entitled to the minimum salary per diem provided byIC 4-10-11-2.1(b). The member is, however, entitled toreimbursement for traveling expenses as provided under IC 4-13-1-4and other expenses actually incurred in connection with the member'sduties, as provided in the state policies and procedures established bythe Indiana department of administration and approved by the budgetagency.
(b) Effective July 1, 2007, a member of the board who is not astate employee is entitled to the minimum salary per diem providedby IC 4-10-11-2.1(b). The member also is entitled to reimbursementfor traveling expenses as provided under IC 4-13-1-4 and otherexpenses actually incurred in connection with the member's duties,as provided in the state policies and procedures established by theIndiana department of administration and approved by the budget
agency.
As added by P.L.37-1985, SEC.46. Amended by P.L.35-2007, SEC.5.
IC 22-10-1.5-4
Rules
Sec. 4. The board may adopt rules under IC 4-22-2 to implementthis article. Notwithstanding any other law, the rules may include thesetting of fees under:
(1) IC 22-10-3-10;
(2) IC 22-10-3-11; and
(3) IC 22-10-3-13.
As added by P.L.37-1985, SEC.46. Amended by P.L.35-2007, SEC.6.
IC 22-10-1.5-5
Mining board; powers and duties
Sec. 5. (a) The board shall:
(1) collect and distribute information concerning the nature,causes, and prevention of mine accidents and the improvementsof methods, conditions, and equipment of mines with specialreference to health and safety and the conservation of mineralresources and the economic conditions respecting mining andthe mining industry;
(2) promote the technical efficiency of all persons working inand about the mines of this state and examine persons applyingfor certificates under IC 22-10-3-10;
(3) submit any bills embodying legislation that the board mayagree upon to the general assembly;
(4) if appropriations from the general assembly are consideredinsufficient by the board, assess and collect from operators theamount necessary to purchase and maintain underground minerescue equipment for the bureau of mines and mine safetycreated under IC 22-1-1-4 and deposit the assessment in themine safety fund established under IC 22-10-12-16; and
(5) annually report to the commissioner of the department oflabor concerning any need for additional mine inspectors.
(b) The board shall mail written notice to operators of a meetingof the board at which assessments described in subsection (a)(4) arediscussed.
As added by P.L.37-1985, SEC.46. Amended by P.L.112-1992,SEC.2; P.L.187-2003, SEC.2; P.L.35-2007, SEC.7.
IC 22-10-1.5-6
Director of bureau; qualifications; term of office; salary
Sec. 6. (a) With the governor's approval, the commissioner oflabor shall appoint a director of the bureau of mines and mine safetycreated under IC 22-1-1-4(1) who must have the followingqualifications:
(1) Be a citizen of the United States and a resident of Indiana.
(2) Have at least four (4) years experience in underground coalmines. (3) Hold an Indiana mine foreman certificate.
(4) Possess a practical knowledge of:
(A) the different systems of working and ventilating coalmines;
(B) the nature, chemistry, detection, and control of noxious,poisonous, and explosive gases;
(C) the dangers incident to blasting and the prevention ofthese dangers;
(D) the application of electricity in mining operations;
(E) the methods for preventing mine fires and gas or dustexplosions;
(F) the methods for controlling and extinguishing mine fires;
(G) the methods of rescue and recovery work following minedisasters; and
(H) the mining laws of this state.
(b) The director may not be an owner or part owner of a coal mineor coal mining company while serving as director.
(c) The director shall serve for a four (4) year term. However, thedirector serves at the pleasure of the governor.
(d) The director is entitled to receive an annual salary to be fixedby the commissioner of labor with the approval of the governor.
As added by P.L.37-1985, SEC.46. Amended by P.L.144-1988,SEC.1; P.L.215-1989, SEC.4; P.L.35-2007, SEC.8.
IC 22-10-1.5-7
Chief mine inspector; qualifications and salary; director's powersand duties
Sec. 7. (a) The director shall employ, subject to:
(1) IC 4-15-2; and
(2) appropriation by the general assembly for the position ofchief mine inspector;
a chief mine inspector who has an Indiana mine examiner certificateand at least three (3) years underground mining experience.
(b) The chief mining inspector is entitled to receive an annualsalary to be fixed by the commissioner of labor with the approval ofthe governor.
(c) The director may, subject to IC 4-15-2, employ other mineinspectors and clerical employees.
(d) The director may:
(1) contract with any person to provide training for mineemployees;
(2) provide mine rescue training for mine employees; and
(3) furnish mine rescue equipment at the site of mine accidents.
(e) The director shall:
(1) collect and index all active and inactive underground minemaps; and
(2) supervise and direct the state mine inspectors.
As added by P.L.37-1985, SEC.46. Amended by P.L.144-1988,SEC.2; P.L.215-1989, SEC.5; P.L.112-1992, SEC.3; P.L.35-2007,SEC.9.
IC 22-10-1.5-8
Repealed
(Repealed by P.L.35-2007, SEC.26.)