1501:14-2-07 Certified mine foreperson.

(A) The operator of a surface mining operation shall employ either a certified mine foreperson or a person who is qualified in accordance with division (E) of section 1514.47 of the Revised Code and rule 1501:14-2-08 of the Administrative Code to conduct examinations of surface mining operations for purposes of 30 C.F.R. part 56. as amended.

(B) Qualifications, fees and procedures governing the examination for certification as a mine foreperson for surface mines.

(1) A person who applies for certification as a mine foreperson shall be able to read and write the English language and shall have at least two years' experience working with or under the direction of a certified mine foreperson.

(2) Persons may be certified for either or both of the following:

(a) Sand and gravel mine foreperson for surface mining operations permitted under Chapter 1514. of the Revised Code and these rules which do not use explosives.

(b) Quarry mine foreperson, which shall be valid for all surface mining operations permitted under Chapter 1514. of the Revised Code and these rules.

(3) An applicant for certification as a mine foreperson shall file an application for certification with the chief including a notarized affidavit establishing the applicant's qualifications as set forth in paragraph (B)(1) of this rule, to take the certified mine foreperson examination. An applicant may apply for certification as both a sand and gravel foreperson and a quarry mine foreperson. Such application and affidavit shall be made on a form prescribed by the chief

(4) The chief shall conduct mine foreperson certification examinations as often as practical in accordance with these rules.

(5) The chief shall grade each examination, and certify an applicant attaining a grade of seventy per cent or higher on each portion of the examination.

(6) An applicant not attaining a passing grade on one part of the examination may apply to be retested on that part only.

(7) An applicant not attaining a passing grade on two or more parts of the examination shall wait at least thirty days before reapplying for examination. An applicant not attaining a passing grade on two or more parts of the examination shall retake the entire examination.

(8) Each applicant for examination shall pay a non-refundable fee of twenty-five dollars, submitted with each application for examination. This fee shall be paid by check or money order payable to "Treasurer, State of Ohio." Any moneys collected under this rule shall be paid into the state treasury to the credit of the surface mining fund created in section 1514.06 of the Revised Code.

(9) A certificate issued under paragraph (B) of this rule shall expire five years after the date of issuance unless it is renewed in accordance with paragraph (E) of this rule.

(C) Temporary certification of mine foreperson. An applicant who is within six months of having accumulated the required experience for certification as a sand and gravel foreperson or a quarry mine foreperson may submit a request to the chief, on a form provided by the chief, to act in the capacity of a certified sand and gravel foreperson or a certified quarry mine foreperson on a temporary basis until such time as the applicant has accumulated the minimum necessary experience.

(1) The recipient of a temporary certification may apply for and take the examination for certification, administered under paragraph (B) of this rule, during the period within which the individual has a temporary certification. If the applicant passes the examination and, upon completion of all eligibility requirements, submits the required information on a notarized form provided by the chief documenting the accrual of the balance of the required experience, the mine foreperson certification shall be issued by the chief.

(2) Temporary certification as a mine foreperson shall be valid for a maximum of six months. If the individual holding a temporary certification does not pass the examination by the end of the six-month period, the applicant shall cease performing all duties of a certified mine foreperson.

(3) No person shall be eligible to receive temporary certification more than one time unless the chief determines that exigent circumstances warrant otherwise.

(4) The chief may waive any part of the requirements for temporary certification if the chief determines exigent circumstances so warrant.

(D) A copy of each mine foreperson certificate and temporary certificate shall be kept at the mine site and made available to the chief upon request.

(E) Qualifications, fees and procedures governing the renewal of mine foreperson certification. A certificate issued under paragraph (B) of this rule may be renewed, provided that the applicant verifies that all required training pursuant to 30 C.F.R. part 46, as amended, has been completed and any other requirements for renewal have been satisfied.

(1) A mine foreperson certificate issued pursuant to section 1514.47 of the Revised Code and this rule shall expire five years after issuance of the certificate.

(2) A mine foreperson certificate issued pursuant to section 1514.47 of the Revised Code and this rule may be renewed six months prior to expiration of such certification upon completion of the following:

(a) An applicant for recertification shall file an affidavit with the chief establishing the applicant's qualifications for recertification. Such affidavit shall be made on a form prescribed by the chief and notarized prior to submission.

(b) An applicant for recertification shall provide the chief with copies of training records verifying that the applicant has received annual refresher training, as required in rules adopted and incorporated by reference pursuant to division (A) of section 1514.40 of the Revised Code, each year during the five preceding years.

(c) An applicant for recertification shall pay a non-refundable fee of twenty-five dollars, submitted with each application for renewal. This fee shall be paid by check or money order payable to "Treasurer, State of Ohio." Any moneys collected under this paragraph shall be paid into the state treasury to the credit of the surface mining fund created in section 1514.06 of the Revised Code.

(d) The chief may issue a certificate of renewal to an applicant completing all requirements of division (C) of section 1514.47 of the Revised Code and this rule.

(3) A foreperson or mine foreperson certificate issued prior to April 6, 2007, shall expire on April 6, 2012. A person holding such a certificate shall be eligible for renewal provided he or she meets the requirements of section 1514.47 of the Revised Code and this rule.

(4) A person not renewing his or her certification prior to its expiration shall cease performing all duties of a certified foreperson upon expiration of the certificate.

(5) A person for whom certification has expired must apply for and pass the examination conducted under paragraph (B) of this rule for the desired certification prior to performing the duties requiring certification.

(F)

(1) If a certificate, including a temporary certificate, issued under this rule is suspended, the certificate shall not be renewed until the suspension period expires and the person whose certificate is suspended successfully completes all actions required by the chief. If an applicant's license, certificate, or similar authority that is issued by another state to perform specified mining duties is suspended or revoked by that state, the applicant shall be ineligible for a certification test or for renewal of a certificate, including a temporary certificate, in this state during that period of suspension or revocation.

(2) A certificate, including a temporary certificate, issued under this rule that has been revoked shall not be renewed.

(G) If a person who has been certified by the chief under section 1514.47 of the Revised Code and this rule purposely violates Chapter 1514. of the Revised Code or Chapters 1501:14-1 to 1501:14-6 of the Administrative Code, the chief may suspend or revoke the certificate after an investigation and hearing conducted in accordance with Chapter 119. of the Revised Code are completed.

Effective: 09/17/2010
R.C. 119.032 review dates: 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 1514.40 , 1514.47
Rule Amplifies: 1514.47