§ 34-22-102 — Board of examiners - created - duties - members

Colorado § 34-22-102

• Jurisdiction: Colorado
• Title 34: Mineral
• Art.: Coal Mine Board of Examiners

Text

(1) There is
hereby created a coal mine board of examiners, which shall have the following
duties:

(a) To establish criteria, including education and training, past and current
work experience, and annual electrical retraining requirements, and to examine all
applicants for positions in coal mines for which certification is required by federal
law;

(b) To issue certificates of competency to those applicants who qualify
therefor;

(c) To take disciplinary action against the holder of a certificate of
competency for violation of any provision of this article, where such discipline is
deemed proper based upon sufficient investigation and in accordance with this
article. Disciplinary action may include, without limitation:

(I) Denying the issuance or renewal of, suspending for a specified period, or
revoking a certificate;

(II) Issuing a letter of admonition to, or placing on probation, the holder of a
certificate; or

(III) Imposing other conditions or limitations upon a certificate or the holder
thereof.

(d) To provide assistance to the division in developing curricula for coal
miner training programs;

(e) To establish criteria for granting state certification of belt examiners,
cable splicers, lamp and gas attendants, and shot-firers;

(f) To issue cease-and-desist orders.

(1.5) When a complaint or investigation discloses an instance of conduct that
does not warrant formal action by the board and, in the opinion of the board, the
complaint should be dismissed, but the board has noticed indications of possible
errant conduct by the holder of a certificate of competency that could lead to
serious consequences if not corrected, a confidential letter of concern may be
issued and sent to the holder of a certificate of competency.

(2) The board is composed of four voting members and one nonvoting ex
officio member as follows:

(a) One member shall be a coal miner of known experience and practice in
underground coal mining residing in the state of Colorado and actively engaged in
the coal mining industry during the term of his office;

(b) One member shall be a Colorado coal mine owner, operator, manager, or
other mine official actively engaged in the surface coal mining industry during the
term of his office;

(c) One member shall be a Colorado mine owner, operator, manager, or other
mine official actively engaged in the underground coal mining industry during the
term of his office;

(d) One member shall be an engineer experienced in coal mining; and

(e) The commissioner, as described in section 34-21-102, or the
commissioner's designee, serves as a nonvoting, ex officio member of the board.

(3) The members of the board shall be appointed by the governor with the
consent of the senate. The term of office for each member of the board shall be
four years. Any vacancies on the board shall be filled by the governor by
appointment for the remainder of an unexpired term. The governor may remove any
board member for misconduct, incompetence, or neglect of duty.

(4) Members of the board who are serving their terms of office on July 1,
1988, shall complete their terms prior to the implementation of the provisions of
this section.

(5) The coal mine board of examiners is a type 2 entity, as defined in section
24-1-105.

Legislative History

Source: L. 88: Entire article R&RE, p. 1189, � 3, effective July 1. L. 92: (1)(a) amended, p. 1932, � 18, effective July 1. L. 96: (3) amended, p. 377, � 1, effective July 1. L. 2006: (1)(c) amended and (1)(f) and (1.5) added, pp. 281, 282, �� 1, 2, effective March 31. L. 2020: IP(2) and (2)(e) amended, (HB 20-1208), ch. 119, p. 495, � 3, effective June 23. L. 2022: (5) added, (SB 22-162), ch. 469, p. 3409, � 163, effective August 10.