1. A. The state mine inspector may recognize the foreman’s or mine examiner’s certificate issued by another state and issue certificates accordingly when:

   1. (1) the state mine inspector reviews the certification requirements of another state and determines that the requirements are equivalent or more stringent than New Mexico’s, and are pertinent to the mining conditions found in New Mexico’s coal mines; or
   2. (2) an agreement of reciprocity is signed between the state mine inspector and the director of the certification agency from another state.
2. B. Persons with four or more years of experience in or about underground coal mines, and providing underground foreman certification from another state program or persons with four or more years of experience in or about surface coal mines, and providing surface foreman certification from another state program, meet the requirements for testing.
3. C. The state mine inspector shall hold written examinations, at times, dates and places to be given out at least sixty days in advance, to all persons desiring to secure mine foreman certificates or mine examiner certificates. Alternatively, at the discretion of the state mine inspector, such examinations may be administered by appointment.

4. D. The state mine inspector shall require that any applicant for examination to the position of mine foreman or mine examiner submit a completed application at least 30 days prior to the examination date and shall meet the experience requirements of this section as summarized in Table in Subsection G of 19.6.4.9 NMAC. The state mine inspector may require documentation from an applicant supporting their qualification and competency. Every person desiring to secure an underground coal mine foreman's certificate and not already in such position or not holding such certificate from another state shall first have regularly performed the duties of an underground coal mine examiner for six months and shall have at least four years of underground coal mine experience to participate in the underground coal mine foreman's examination. Every person desiring to secure a surface coal mine foreman’s certificate, and not already holding such certificate from another state, shall have at least four years of surface coal mine experience to participate in the surface coal mine foreman’s examination. A person who holds a certificate for surface coal mine foreman who wishes to take the underground coal mine foreman test must have a minimum of four years of experience in underground coal mine workings. A person who holds an underground coal mine foreman certificate and who wishes to participate in the surface coal mine foreman examination must have at least two years of surface coal mine experience. A person who holds an underground coal mine foreman certificate and who wishes to participate in the general underground coal mine foreman examination must have at least two years of surface mine experience or two years of surface experience at an underground mine. Every person desiring to secure an underground coal mine examiner's certificate and not already in such position or not holding such certificate from another state recognized by the state mine inspector, shall have at least two years of underground

   coal mine experience to participate in the underground coal mine examiner's examination.

5. E. The state mine inspector may allow a mining engineering graduate or a person with other credentials that attest to advanced competency including applicable experience at non-coal mines to participate in the foreman’s or examiner’s examination if the candidate meets at least one-half of the experience requirements and all other prerequisites listed in Subsections B and D of this section prior to taking the examination.
6. F. All candidates for certification or recertification must achieve a cumulative score of eighty percent or higher on the corresponding written exam.

7. G. Table in Subsection G of 19.6.4.9 NMAC is incorporated into this section as a guide to the prerequisites and areas of responsibility for coal mine officials.

   Certification Title Qualification Authorization Underground Coal Mine Examiner Two-years underground mining experience, or One-year underground mining experience and advanced competency, or Equivalent experience and certification form another state Underground areas at underground coal mines. Underground Coal Mine Foreman Four-years underground mining experience with six months examiner experience, or Two-years underground mining experience with six months examiner experience and advanced competency, or Equivalent experience and certification from another state. Underground areas at underground coal mines. General Underground Coal Mine Foreman Current NM certification as underground coal mine foreman and two-years of experience at surface areas of underground coal mines. Underground areas at underground coal mines. Surface areas at underground coal mines. Surface Coal Mine Foreman Four-years surface mining experience, or Two-years surface mining experience and advanced competency, or Equivalent experience and certification from another state, or Current NM certification as underground coal mine foreman and two-years of experience at surface coal mines or surface areas of underground coal mines Surface coal mines Surface areas at underground coal mines

   Certification Title

   Qualification

   Authorization

   Underground Coal Mine Examiner

   Two-years underground mining experience, or

   One-year underground mining experience and advanced competency, or

   Equivalent experience and certification form another state

   Underground areas at underground coal mines.

   Underground Coal Mine Foreman

   Four-years underground mining experience with six months examiner experience, or

   Two-years underground mining experience with six months examiner experience and advanced competency, or

   Equivalent experience and certification from another state.

   Underground areas at underground coal mines.

   General Underground Coal Mine Foreman

   Current NM certification as underground coal mine foreman and two-years of experience at surface areas of underground coal mines.

   Underground areas at underground coal mines.

   Surface areas at underground coal mines.

   Surface Coal Mine Foreman

   Four-years surface mining experience, or

   Two-years surface mining experience and advanced competency, or

   Equivalent experience and certification from another state, or

   Current NM certification as underground coal mine foreman and two-years of experience at surface coal mines or surface areas of underground coal mines

   Surface coal mines

   Surface areas at underground coal mines

[19.6.4.9 NMAC - Rp, 5/3/2022]