A. Certification for mine personnel shall be issued for a period of five years. All mine personnel certified by the state mine inspector prior to June 15, 2007 shall have their certification period extended five years. Each certified person has the responsibility to notify the state mine inspector of any change in address or change in mine employment within thirty days of the change. Failure to provide current information may result in suspension of certification.
B. Certified persons may apply for recertification within twelve months prior to the end of the certification period. Every certification shall automatically expire on the last day of the certification period if the official has not recertified prior to that date. Recertification will require the applicant to submit an application and appropriate documentation as required by the state mine inspector. The mining safety board shall adopt rules for requirements for recertification.
C. The state mine inspector may refuse to certify or recertify or may suspend or revoke any certification held or applied for under Chapter 69 NMSA 1978 upon grounds that the applicant or certified person:
(1) gave false or forged evidence to the state mine inspector to obtain certification;
(2) is grossly negligent or incompetent in duties as a certified person;
(3) has failed to maintain certification;
(4) has violated or aided or abetted any person in a violation of the Federal Mine Safety and Health Act of 1977 or the state mine safety laws; or
(5) has been disciplined in another state that certifies mine personnel.
D. If the state mine inspector contemplates taking any of the actions in Subsection C of this section for any of the reasons provided in that subsection, the state mine inspector shall provide written notice to the applicant or certified person. The notice shall include a statement that the state mine inspector has sufficient evidence that, if not rebutted or explained, will justify the state mine inspector in taking the contemplated action, that indicates the general nature of the evidence and that provides the applicant or person at least twenty days to submit written evidence to rebut or explain the allegations.
E. If, after the response period ends, the state mine inspector takes any action of a type specified in Subsection C of this section, the state mine inspector shall serve upon the applicant or certified person a written notice of the action containing a statement that the applicant or certified person may file a petition for review with the mining safety board pursuant to the Mining Safety Act [Chapter 69, Article 8 NMSA 1978].
History: Laws 1933, ch. 153, § 42; 1941 Comp., § 67-805; 1953 Comp., § 63-8-5; Laws 1989, ch. 193, § 13; 2007, ch. 301, § 17; 2007, ch. 302, § 17; 2010, ch. 20, § 3.
ANNOTATIONSCross reference. — For the Federal Mine Safety and Health Act of 1977, see 30 U.S.C. § 801.
The 2010 amendment, effective May 19, 2010, In Subsection A, in the second sentence, after "prior to", deleted "the effective date of this 2007 act" and added "June 15, 2007"; and in Subsection B, in the third sentence, after "state mine inspector", deleted "at least thirty days prior to the testing date"; and added the last sentence.
The 2007 amendment, effective June 15, 2007, added Subsections A through E.
The 1989 amendment, effective July 1, 1989, added the catchline, deleted "by the mine inspector" following "revoked" in the second sentence, substituted "hearing before the mining safety advisory board" for "trial before the mine inspector" in the third sentence, and made minor stylistic changes throughout the section.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Mines and Minerals § 257.
58 C.J.S. Mines and Minerals §§ 378, 382.