§ 40-2-402. Certification requirements.

(1) The commission shall collect a fee for:

(a) the taking of a certification test; or

(b) the retaking of one or more sections of a certification test.

(2)

(a) The commission shall establish fees by following Section 63J-1-504.

(b) Notwithstanding Section 63J-1-504, the commission:

(i) shall retain the fees as dedicated credits; and

(ii) may only use the fees to administer the certification test.

(3) An applicant who fails any section of the certification test may retake that section of the test.

(4)

(a) An applicant who wishes to obtain a mine foreman certificate shall have at least four years varied underground coal mining experience, of which:

(i) two years' experience may be credited to a mining engineering graduate of an accredited four-year college; or

(ii) one year's experience may be credited to a graduate of a two-year course in mining technology.

(b)

(i) An applicant who wishes to obtain a surface foreman certificate shall have at least three years of varied surface experience.

(ii) The commission may grant a surface foreman certificate applicant credit for surface experience in any other industry that has substantially equivalent surface facilities.

(c) An applicant who wishes to obtain a fire boss certificate shall have at least two years of underground coal mining experience, of which:

(i) one year's experience may be credited to a mining engineering graduate of an accredited four-year college; or

(ii) six months' experience may be credited to a graduate of a two-year course in mining technology.

(d) An applicant who wishes to obtain an underground mine electrician certificate shall have at least one year of varied electrical experience as specified in 30 C.F.R. Sec. 75.153.

(e) An applicant who wishes to obtain a surface mine electrician certificate shall have at least one year of varied surface electrical experience as specified in 30 C.F.R. Sec. 77.103.

(5) A certificate granted under Section 40-2-401 and this section shall expire if the certificate holder ceases to work in the mining industry or a mine related industry for more than five consecutive years.

Amended by Chapter 183, 2009 General Session