A. The Board of Coal Mining Examiners may suspend, revoke, or take otheraction regarding any certificate upon finding that the holder has (i) failedto comply with the continuing education requirements within the periodfollowing the suspension of the certificate as provided in § 45.1-161.34;(ii) been intoxicated while in duty status; (iii) neglected his duties; (iv)violated any provision of this Act or any other coal mining law of theCommonwealth; (v) used any controlled substance without the prescription of alicensed prescriber; or (vi) other sufficient cause. The Board shall alsosuspend, revoke, or take other action regarding the first class mine foremancertificate of any mine foreman who fails to display a thorough understandingof the roof control plan and ventilation for the area of the mine for whichhe is responsible for implementing, when examined on-site by a mine inspectorin accordance with guidelines promulgated by the Board. In such a case, theBoard shall make a determination, based on evidence presented by interestedparties, of whether the mine foreman had a thorough knowledge of such plansat the time of his examination by the mine inspector.
B. The Board may act to suspend, revoke, or take other action regarding anycertificate upon the presentation of written charges alleging prohibitedconduct set forth in subsection A by (i) the Chief or the Director or hisdesignated agent; (ii) the operator of a mine at which such person isemployed; or (iii) ten persons employed at the mine at which such person isemployed, or, if less than ten persons are employed at the mine, a majorityof the employees at the mine. The Board may act on its own initiative tosuspend, revoke, or take other action on any certificate for grounds setforth in item (i) of subsection A.
C. Any person holding a certification issued by the Board shall report to theChief, within 30 days of any criminal conviction in any court of competentjurisdiction for possession or use of any controlled substance without theprescription of a licensed prescriber. This conviction shall result in theimmediate temporary suspension of all certificates held by such personpending hearing before the Board.
D. Any miner present at any mine shall be deemed to have given consent toreasonable search, at the direction of the Chief by employees of theDepartment, of his person and his personal property located at the mine. Thissearch shall be limited to the investigation of potential violations of theCoal Mine Safety Act (§ 45.1-161.7 et seq.).
E. All information regarding substance abuse test results of certifiedpersons, written or otherwise received by the Department or Board, shall beconfidential. Any hearing of the Board in which this information is presentedshall be conducted as a closed session in accordance with the VirginiaFreedom of Information Act (§ 2.2-3700 et seq.).
F. An affirmative vote of a majority of members of the Board who arequalified to vote shall be required for any action to suspend, revoke, ortake other action regarding a certificate.
G. Prior to suspending, revoking, or taking other action regarding acertificate, the Board shall give due notice to the holder of the certificateand conduct a hearing. Any hearing shall be conducted in accordance with §2.2-4020 unless the parties agree to informal proceedings. The hearing may beconducted by the Board or, in the Board's discretion, by a hearing officer asprovided in § 2.2-4025 et seq.
H. Any hearing conducted after the temporary suspension of a miner'scertificate due to (i) a criminal conviction in any court of competentjurisdiction for possession or use of any controlled substance without theprescription of a licensed prescriber as provided for in subsection C, (ii) afailure to pass a substance abuse test required by the Chief pursuant to §45.1-161.78, (iii) a failure to pass a pre-employment substance abusescreening test, (iv) a discharge for violation of the company's substance oralcohol abuse policies, (v) a positive test for the use of any controlledsubstance without the prescription of a licensed prescriber, (vi) a positivetest for intoxication while on duty status, or (vii) a failure to complete asubstance abuse program pursuant to § 45.1-161.87, shall be conducted within60 days of the temporary suspension. The Board shall make every effort tohold the hearing within 40 days of the temporary suspension.
I. Any person who has been aggrieved by a decision of the Board shall beentitled to judicial review of such decision. Appeals from such decisionsshall be in accordance with Article 5 (§ 2.2-4025 et seq.) of theAdministrative Process Act.
(Code 1950, §§ 45-29, 45-31; 1954, c. 191; 1966, c. 594, § 45.1-13; 1978, c.729; 1994, c. 28; 2004, c. 855; 2007, cc. 894, 914.)
A. The Board of Coal Mining Examiners may suspend, revoke, or take otheraction regarding any certificate upon finding that the holder has (i) failedto comply with the continuing education requirements within the periodfollowing the suspension of the certificate as provided in § 45.1-161.34;(ii) been intoxicated while in duty status; (iii) neglected his duties; (iv)violated any provision of this Act or any other coal mining law of theCommonwealth; (v) used any controlled substance without the prescription of alicensed prescriber; or (vi) other sufficient cause. The Board shall alsosuspend, revoke, or take other action regarding the first class mine foremancertificate of any mine foreman who fails to display a thorough understandingof the roof control plan and ventilation for the area of the mine for whichhe is responsible for implementing, when examined on-site by a mine inspectorin accordance with guidelines promulgated by the Board. In such a case, theBoard shall make a determination, based on evidence presented by interestedparties, of whether the mine foreman had a thorough knowledge of such plansat the time of his examination by the mine inspector.
B. The Board may act to suspend, revoke, or take other action regarding anycertificate upon the presentation of written charges alleging prohibitedconduct set forth in subsection A by (i) the Chief or the Director or hisdesignated agent; (ii) the operator of a mine at which such person isemployed; or (iii) ten persons employed at the mine at which such person isemployed, or, if less than ten persons are employed at the mine, a majorityof the employees at the mine. The Board may act on its own initiative tosuspend, revoke, or take other action on any certificate for grounds setforth in item (i) of subsection A.
C. Any person holding a certification issued by the Board shall report to theChief, within 30 days of any criminal conviction in any court of competentjurisdiction for possession or use of any controlled substance without theprescription of a licensed prescriber. This conviction shall result in theimmediate temporary suspension of all certificates held by such personpending hearing before the Board.
D. Any miner present at any mine shall be deemed to have given consent toreasonable search, at the direction of the Chief by employees of theDepartment, of his person and his personal property located at the mine. Thissearch shall be limited to the investigation of potential violations of theCoal Mine Safety Act (§ 45.1-161.7 et seq.).
E. All information regarding substance abuse test results of certifiedpersons, written or otherwise received by the Department or Board, shall beconfidential. Any hearing of the Board in which this information is presentedshall be conducted as a closed session in accordance with the VirginiaFreedom of Information Act (§ 2.2-3700 et seq.).
F. An affirmative vote of a majority of members of the Board who arequalified to vote shall be required for any action to suspend, revoke, ortake other action regarding a certificate.
G. Prior to suspending, revoking, or taking other action regarding acertificate, the Board shall give due notice to the holder of the certificateand conduct a hearing. Any hearing shall be conducted in accordance with §2.2-4020 unless the parties agree to informal proceedings. The hearing may beconducted by the Board or, in the Board's discretion, by a hearing officer asprovided in § 2.2-4025 et seq.
H. Any hearing conducted after the temporary suspension of a miner'scertificate due to (i) a criminal conviction in any court of competentjurisdiction for possession or use of any controlled substance without theprescription of a licensed prescriber as provided for in subsection C, (ii) afailure to pass a substance abuse test required by the Chief pursuant to §45.1-161.78, (iii) a failure to pass a pre-employment substance abusescreening test, (iv) a discharge for violation of the company's substance oralcohol abuse policies, (v) a positive test for the use of any controlledsubstance without the prescription of a licensed prescriber, (vi) a positivetest for intoxication while on duty status, or (vii) a failure to complete asubstance abuse program pursuant to § 45.1-161.87, shall be conducted within60 days of the temporary suspension. The Board shall make every effort tohold the hearing within 40 days of the temporary suspension.
I. Any person who has been aggrieved by a decision of the Board shall beentitled to judicial review of such decision. Appeals from such decisionsshall be in accordance with Article 5 (§ 2.2-4025 et seq.) of theAdministrative Process Act.
(Code 1950, §§ 45-29, 45-31; 1954, c. 191; 1966, c. 594, § 45.1-13; 1978, c.729; 1994, c. 28; 2004, c. 855; 2007, cc. 894, 914.)
A. The Board of Coal Mining Examiners may suspend, revoke, or take otheraction regarding any certificate upon finding that the holder has (i) failedto comply with the continuing education requirements within the periodfollowing the suspension of the certificate as provided in § 45.1-161.34;(ii) been intoxicated while in duty status; (iii) neglected his duties; (iv)violated any provision of this Act or any other coal mining law of theCommonwealth; (v) used any controlled substance without the prescription of alicensed prescriber; or (vi) other sufficient cause. The Board shall alsosuspend, revoke, or take other action regarding the first class mine foremancertificate of any mine foreman who fails to display a thorough understandingof the roof control plan and ventilation for the area of the mine for whichhe is responsible for implementing, when examined on-site by a mine inspectorin accordance with guidelines promulgated by the Board. In such a case, theBoard shall make a determination, based on evidence presented by interestedparties, of whether the mine foreman had a thorough knowledge of such plansat the time of his examination by the mine inspector.
B. The Board may act to suspend, revoke, or take other action regarding anycertificate upon the presentation of written charges alleging prohibitedconduct set forth in subsection A by (i) the Chief or the Director or hisdesignated agent; (ii) the operator of a mine at which such person isemployed; or (iii) ten persons employed at the mine at which such person isemployed, or, if less than ten persons are employed at the mine, a majorityof the employees at the mine. The Board may act on its own initiative tosuspend, revoke, or take other action on any certificate for grounds setforth in item (i) of subsection A.
C. Any person holding a certification issued by the Board shall report to theChief, within 30 days of any criminal conviction in any court of competentjurisdiction for possession or use of any controlled substance without theprescription of a licensed prescriber. This conviction shall result in theimmediate temporary suspension of all certificates held by such personpending hearing before the Board.
D. Any miner present at any mine shall be deemed to have given consent toreasonable search, at the direction of the Chief by employees of theDepartment, of his person and his personal property located at the mine. Thissearch shall be limited to the investigation of potential violations of theCoal Mine Safety Act (§ 45.1-161.7 et seq.).
E. All information regarding substance abuse test results of certifiedpersons, written or otherwise received by the Department or Board, shall beconfidential. Any hearing of the Board in which this information is presentedshall be conducted as a closed session in accordance with the VirginiaFreedom of Information Act (§ 2.2-3700 et seq.).
F. An affirmative vote of a majority of members of the Board who arequalified to vote shall be required for any action to suspend, revoke, ortake other action regarding a certificate.
G. Prior to suspending, revoking, or taking other action regarding acertificate, the Board shall give due notice to the holder of the certificateand conduct a hearing. Any hearing shall be conducted in accordance with §2.2-4020 unless the parties agree to informal proceedings. The hearing may beconducted by the Board or, in the Board's discretion, by a hearing officer asprovided in § 2.2-4025 et seq.
H. Any hearing conducted after the temporary suspension of a miner'scertificate due to (i) a criminal conviction in any court of competentjurisdiction for possession or use of any controlled substance without theprescription of a licensed prescriber as provided for in subsection C, (ii) afailure to pass a substance abuse test required by the Chief pursuant to §45.1-161.78, (iii) a failure to pass a pre-employment substance abusescreening test, (iv) a discharge for violation of the company's substance oralcohol abuse policies, (v) a positive test for the use of any controlledsubstance without the prescription of a licensed prescriber, (vi) a positivetest for intoxication while on duty status, or (vii) a failure to complete asubstance abuse program pursuant to § 45.1-161.87, shall be conducted within60 days of the temporary suspension. The Board shall make every effort tohold the hearing within 40 days of the temporary suspension.
I. Any person who has been aggrieved by a decision of the Board shall beentitled to judicial review of such decision. Appeals from such decisionsshall be in accordance with Article 5 (§ 2.2-4025 et seq.) of theAdministrative Process Act.
(Code 1950, §§ 45-29, 45-31; 1954, c. 191; 1966, c. 594, § 45.1-13; 1978, c.729; 1994, c. 28; 2004, c. 855; 2007, cc. 894, 914.)
