H. B. 4348
(By Delegates Caputo, White, M. Poling,
Manchin, DeLong, Webster and Fragale)
[Introduced January 31, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §22A-1-4 of the Code of West Virginia,
1931, as amended, relating to adding language to the code for
fees that are already imposed for tests and certificates.
Be it enacted by the Legislature of West Virginia:
That §22A-1-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING;
ADMINISTRATION; ENFORCEMENT.
§22A-1-4. Powers and duties of the director of the office of
miners' health, safety and training.
(a) The Director of the Office of Miners' Health, Safety and
Training is hereby empowered and it is his or her duty to
administer and enforce such provisions of this chapter relating to
health and safety inspections and enforcement and training in
surface and underground coal mines, underground clay mines, open pit mines, cement manufacturing plants and underground limestone
and sandstone mines.
(b) The Director of the Office of Miners' Health, Safety and
Training has full charge of the division. The director has the
power and duty to:
(1) Supervise and direct the execution and enforcement of the
provisions of this article.
(2) Employ such assistants, clerks, stenographers and other
employees as may be necessary to fully and effectively carry out
his or her responsibilities and fix their compensation, except as
otherwise provided in this article.
(3) Assign mine inspectors to divisions or districts in
accordance with the provisions of section eight of this article as
may be necessary to fully and effectively carry out the provisions
of this law, including the training of inspectors for the
specialized requirements of surface mining, shaft and slope sinking
and surface installations and to supervise and direct such mine
inspectors in the performance of their duties.
(4) Suspend, for good cause, any such mine inspector without
compensation for a period not exceeding thirty days in any calendar
year.
(5) Prepare report forms to be used by mine inspectors in
making their findings, orders and notices, upon inspections made in
accordance with this article.
(6) Hear and determine applications made by mine operators for
the annulment or revision of orders made by mine inspectors, and to
make inspections of mines, in accordance with the provisions of
this article.
(7) Cause a properly indexed permanent and public record to be
kept of all inspections made by himself or by mine inspectors.
(8) Make annually a full and complete written report of the
administration of the office to the Governor and the Legislature of
the state for the year ending the thirtieth day of June. The
report shall include the number of visits and inspections of mines
in the state by mine inspectors, the quantity of coal, coke and
other minerals (excluding oil and gas) produced in the state, the
number of individuals employed, number of mines in operation,
statistics with regard to health and safety of persons working in
the mines including the causes of injuries and deaths, improvements
made, prosecutions, the total funds of the office from all sources
identifying each source of such funds, the expenditures of the
office, the surplus or deficit of the office at the beginning and
end of the year, the amount of fines collected, the amount of fines
imposed, the value of fines pending, the number and type of
violations found, the amount of fines imposed, levied and turned
over for collection, the total amount of fines levied but not paid
during the prior year, the titles and salaries of all inspectors
and other officials of the office, the number of inspections made by each inspector, the number and type of violations found by each
inspector:
Provided, That no inspector is identified by name in
this report. Such reports shall be filed with the Governor and the
Legislature on or before the thirty-first day of December of the
same year for which it was made, and shall upon proper authority be
printed and distributed to interested persons.
(9) Call or subpoena witnesses, for the purpose of conducting
hearings into mine fires, mine explosions or any mine accident; to
administer oaths and to require production of any books, papers,
records or other documents relevant or material to any hearing,
investigation or examination of any mine permitted by this chapter.
Any witness so called or subpoenaed shall receive forty dollars per
diem and shall receive mileage at the rate of fifteen cents for
each mile actually traveled, which shall be paid out of the State
Treasury upon a requisition upon the State Auditor, properly
certified by such witness.
(10) Institute civil actions for relief, including permanent
or temporary injunctions, restraining orders, or any other
appropriate action in the appropriate federal or state court
whenever any operator or the operator's agent violates or fails or
refuses to comply with any lawful order, notice or decision issued
by the director or his or her representative.
(11) Perform all other duties which are expressly imposed upon
him or her by the provisions of this chapter.
(12) Impose reasonable fees upon applicants taking tests
administered pursuant to the requirements of this chapter.
(13) Impose reasonable fees for the issuance of certifications
required under this chapter.
(14) Prepare study guides and other forms of publications
relating to mine safety and charge a reasonable fee for the sale of
the publications.
(12) (15) Make all records of the office open for inspection
of interested persons and the public.
NOTE: The purpose of this bill is to add language to the code
for fees for tests and certificates which were already imposed but
did not have statutory authorization.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.