As in effect on June 1, 2008
This rule is established pursuant to Section 40-2-1.1 and Section 40-2-14, which authorize the Labor Commission to enact rules governing the certification of individuals to work in the positions of underground mine foreman, surface mine foreman, fire boss, underground electrician or surface electrician in coal mines, gilsonite mines or other hydrocarbon mines in Utah.
A. "Commission" means the Labor Commission created in Section 34A-1-103.
B. "Division" means the Division of Boiler and Elevator Safety of the Labor Commission.
C. "Certification" means a person being judged competent and qualified by the Division for a mining position identified in Section 40-2-15 by meeting standards established by the Division and the examining panel pursuant to the requirements in Sections 40-2-14 through 16.
As required by Section 40-2-15, the Labor Commission shall establish and collect fees for certification sufficient to fund the Commission's miner certification process. The Commission's fees schedule shall be submitted to the Legislature for approval pursuant to Section 63J-1-301(2).
The provisions of 30 CFR, sections 1 through 199, "Federal Underground Coal Mine Safety Standards," 11th ed., July 1, 1996, are hereby incorporated by reference.
Division action either granting or denying an applicant's application for certification are classified as informal adjudicative actions pursuant to Section 63G-4-202 of the Utah Administrative Procedures Act and shall be adjudicated accordingly.
certification, labor, mining
May 23, 2007
April 28, 2008
34A-1-104; 40-2-1 et seq.
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