RULES AND REGULATIONS

STATE MINING COUNCIL

CHAPTER 1

RULES FOR EXAMINATION FOR CERTIFICATES

  Section 1. Authority: These rules of the State Mining Council are promulgated as written pursuant to W.S. § 30-2-301(b) and W.S. § 30-2-309(e)

  Section 2. Definitions:

  (a) Mining the mineral: Shall mean the extraction of the mineral, the removal of overburden or the removal of waste rock in an underground mine.

  (b) Practical work of a hands-on nature: Shall mean work that directly contributes to the extraction of the mineral, the removal of overburden or the removal of waste rock in an underground mine.

  (c) Directly related to the hazards involved in the type of mine: Shall mean actual work performed at or near the point of extraction of the mineral, the removal of overburden or the removal of waste rock in an underground mine.

  (d) Type of mine: shall mean a surface or underground mine.

  (e) Industry similar in nature to mining shall mean: an industry whose required skills are applicable and readily transferable to the mining industry with a minimal amount of retraining. Such industries include but, are not limited to, industrial electricians, industrial mechanics, heavy equipment operators and surveyors.

  Section 3. Types Of Certifications:

  (a) For the purpose of awarding mine examiner and mine foreman certificates by examination pursuant to W.S. §§ 30-2-306 through W.S. § 30-2-312, the State Mining Council shall classify applicants according to their experience in the following types of mines:

   (i) Surface Mines

    (A) Coal

    (B) Metal or Non-Metal

   (ii) Underground Mines

    (A) Coal

    (B) Metal or Non-Metal

      (I) Gassy

      (II) Non-Gassy

      (III) Uranium

  (b) Experience shall be determined from practical work of a hands-on nature that is directly related to the hazards involved in the type of mine for which certification is requested.

  (c) No person shall direct the activities of persons working underground unless he or she holds a valid Mine Foreman Certification.

  Section 4. Experience Credit:

  (a) An applicant for the surface mine foreman certification may be granted three (3) years experience credit for not less than three (3) years experience in another type of surface mine other than the one the applicant is applying for, providing the experience at that mine consists of practical work of a hands-on nature directly related to the hazards involved in surface mining. An Applicant who is denied experience credit under Section 4(a) may apply for experience credit under Section 4(c).

  (b) An applicant may be granted one (1) years experience credit, towards the underground coal mine foreman or underground coal mine examiner certification, for not less than five (5) years experience in an underground gassy metal nonmetal mine, providing that experience consists of practical work of a hands-on nature directly related to the hazards involved in an underground metal nonmetal mine.

  (c) An applicant who has worked in one type of mine for not less than ten (10) years and is applying for the mine foreman or mine examiner certification for another type of mine (i.e., surface mine to surface mine, underground mine to underground mine, surface mine to underground mine and underground mine to surface mine) may be granted one (1) years experience credit towards taking the mine foreman or mine examiner certification examination providing the applicant's work experience consisted of work of a hands-on nature directly related to the hazards involved in the type of mine in which the applicant worked.

  (d) An applicant who is applying for the mine foreman or mine examiner certification may be granted one (1) year experience credit, towards taking the mine foreman or mine examiner certification examination, for not less than ten (10) years experience in an industry similar in nature to mining providing that experience is of a hands-on nature directly related to hazards similar in nature to the type of mine for which the applicant is applying.

  (e) An applicant for either the mine foreman or mine examiner certification shall be given one (1) years experience credit towards taking the mine foreman or mine examiner certification examination for a degree in mining engineering from an accredited college or university.

  The applicant must provide the State Mining Council with an official copy of the applicant's transcripts or other document(s) that clearly show that the applicant was awarded the mining engineering degree. The transcript or other document(s) must be mailed directly to the State Mining Council from the accredited college or university.

  (f) An applicant for either the mine foreman or mine examiner certification may be granted one (1) years experience credit towards taking the mine foreman or mine examiner certification examination for a degree from an accredited college or university in the following degrees, if they are related to mining:

  i) Civil Engineering

  ii) Mechanical Engineering

  iii) Electrical Engineering

   iv) Environmental Engineering

   v) Safety Engineering

   vi) Geological Engineering 

  The State Mining Council may consider other degrees that are related to mining.

  The applicant must provide the State Mining Council with an official copy of the applicant's transcripts or other document(s) that clearly show that the applicant was awarded the degree for which the applicant is seeking experience credit. The transcript or other documents must be mailed directly to the State Mining Council from the accredited college or university.

  (g) The State Mining Council shall review and either approve or disapprove all applications for the mine foreman or mine examiner certification examination that involve experience credit, including temporary permit applications, at their next regularly scheduled meeting.

  Section 5. Examination Policies:

  (a) Application fees are non-refundable after applications for examination are accepted by the State Mining Council.

  (b) Examination fees shall be determined by the State Mining Council each year, by dividing the cost of the prior year's examinations by the number of exam applications accepted for the prior year's examination.

  (c) Examination fee shall be set by June 1 of each calendar year for the next examination year.

  (d) Applicants must meet all qualification requirements by April 1 of the examination year. The State Inspector of Mines will review applications to verify experience. Any that he has a concern with will be brought before the State Mining Council for review and final determination of eligibility. The State Mining Council shall vote to accept all applicants that meet the qualification criteria.

  (e) The dates, places and times of each exam shall be published in the newspaper nearest to the location where the exams are to be held and by posting the published notice at all mines where applicants are employed.

  (f) The hours of examination shall be from 8:00 a.m. until 4:00 p.m.

  on each day stated in the published notices. Hours of testing will be posted at each testing site.

  (g) The State Inspector of Mines shall prepare all examination packets for each qualified applicant from subject matter provided by the State Mining Council.

  (h) Examination materials shall be safeguarded against disclosure to unauthorized personnel. Examinations shall remain in the custody of the State Inspector of Mines or members of the State Mining Council.

  (i) The State Mining Council will periodically review examinations to assure current and applicable subject matter.

  (j) The test packets will be marked with the applicants assigned identification number and the last four digits of the applicant's Social Security Number.

  The State Inspector of Mines shall assign the identification numbers.

  (k) A cover sheet, or sheets, for all examinations will be provided that will give a written description of how the test scoring is weighted, procedures governing conduct and examination rules. The examinee is required to sign, affix the designated test number and date this sheet. This sheet shall be turned in separately from the examination packet when the testing is completed. This sheet will also list the complete contents of the testing packet and the examinee will be required to acknowledge receipt of the contents.

  Section 6. Grading Procedures:

  (a) A total weighted average score will be used to determine the final grade.

  (b) Examinations will be graded by a member of the State Mining Council using an answer key established for that purpose. Any updated testing materials will have a corresponding updated answer key.

  (c) In the event that a failing grade occurs, the examination will be independently graded by a second State Mining Council member. Should the second grading result in a passing grade, a third State Mining Council member will grade the examination. The majority grade shall be assigned to the examination.

  (d) If identification of the examinee has not been adequately protected by the safeguards described above in Section 5 no examination will be graded by a State Mining Council member from the same mine.

  (e) Each examinee shall be notified of examination results when all grading is completed. Those failing the examination will be so advised by certified mail.

  Section 7. Examination Results Review Procedures:

  (a) An Applicant, after receipt of the grades notification letter, may review his/her examination papers, in person, at the office of the State Inspector of Mines in Rock Springs, Wyoming, during normal business hours.

  (b) An Applicant who has received a failing grade may have his/her examination results reviewed by the State Mining Council Review Committee. The Review Committee shall consist of three members of the State Mining Council.

  (c) To have examination results reviewed, Applicant must file a written request for review with the State Inspector of Mines' office.

  (d) The review request must be either postmarked or delivered no later than thirty (30) days from the date of the grades notification letter.

  (e) The written review request must specifically identify the examination questions that Applicant wishes to be reviewed. Only those exam questions specifically listed in the review request letter will be reviewed.

  (f) The State Inspector of Mines shall notify the Applicant by certified mail of the date, place and time of their review meeting.

  (g) Only the Applicant shall be permitted to attend the review meeting.

  (h) The review meeting will be tape-recorded and the tape will become part of the review record.

  (i) The State Inspector of Mines shall notify each person by certified mail of the date, place and time of their appeal review.

  (j) The appeal review shall take place within 120 days of the date that the appeal request is received by the State Inspector of Mines.

  (k) The Review Committee shall make its determination and advise the Applicant of its determination at the close of the Applicant's review meeting.

    Applicant shall be formally advised of the Review Committee's determination by mail.

  (l) An Applicant's examination results shall be deemed final and the review and appeal process closed if the Applicant fails to file a timely written review request.

  Section 8. Appeals Procedure:

  (a) An Applicant who receives an adverse decision from the Review Committee shall have the right to appeal that decision to the State Mining Council.

  (b) To appeal the adverse decision of the Review Committee an Applicant must file a written notice of appeal with the State Inspector of Mines office.

  (c) The notice of appeal must be either postmarked or hand-delivered no later than thirty (30) days from the date of the review determination letter.

  (d) Applicant may submit, with the notice of appeal, a written statement supporting Applicant's position and answers.

  (e) The Council will examine the review record; consider Applicant's statement and review the Review Committee's decision and make a determination at its next regularly scheduled quarterly meeting following the receipt of the notice of appeal by the State Inspector of Mines.

  (f) The State Mining Council shall notify Applicant of its determination by mail.

  (g) The decision of the State Mining Council shall be the final action of the agency.

  (h) An Applicant's examination results shall be deemed final and the review and appeal process closed if the Applicant fails to file a timely written Notice of Appeal.

  (i) Except as provided in the above procedures, there shall be no other administrative appeals available to the Applicants who have failed to obtain a passing grade.

  Section 9. Study Guide:

  (a) The State Mining Council will review and approve a study guide that provides guidance to those wishing to take the examinations.

  (b) The office of the State Inspector of Mines will package the study guides and provide them when requested. Study guides will be provided to requesting applicants at cost.

  (c) The study guide shall provide material that will include general mining practices in the type of mine and mineral involved, including but not limited to, ventilation, health and safety, rescue and recovery work involved following mine disasters, detection and control of gasses, fires and explosions, prevention and controls of same, blasting procedures, electricity, mine equipment, and State and Federal mining laws.

  (d) As provided for in W.S. § 30-2-309 (e)(i) the State Mining Council shall accept after review a study guide prepared by industry.

  (e) The State Mining Council will review the study guides for adequacy at regular intervals.

  Section 10. Temporary Certification:

  (a) A person may apply for a temporary permit as provided for in W.S. § 30-2-310.

  (b) The applicant must fill out an application and pay the fee to take the next scheduled examination for mine foreman or mine examiner before he/she will be considered for temporary permit.

  (c) After receiving the application for examination, the application for the temporary permit and the fee the State Mining Council shall review the applications.

  If the applicant meets all of the requirements to take the certification examination(s) the Council may approve the application for a temporary permit.

  (d) Once the application and fee are accepted by the State Mining Council the fee shall be non-refundable.

  (e) Upon the Council's approval of the temporary permit application, the State Inspector of Mines shall issue the temporary permit.

  (f) The temporary permit may be utilized only in the mineral and type of mine where the applicant requested the temporary permit.

  Section 11. Revocation of Certification:

  (a) Revocation of a certificate shall be done in accordance with W.S. § 30-2-311 and the Council's Rules of Practice and Procedure for Certificate Suspension and Revocation Hearings.