Wyo. Code R. 053-0005-1
Mining Council
Chapter 1: Examinations for Certificates
Effective Date: 12/16/1992 to 08/26/1994
Rule Type: Superceded Rules & Regulations
Reference Number: 053.0005.1.12161992
Section 1. Authority: These rules of the State Mining Council are promulgated as written regulations pursuant to W.S. 16-3-102.
Section 2. Definitions and Qualifications: For the purpose of awarding mine examiner and mine foreman certificates by examination pursuant to W.S. 30-2-306 and W.S. 30-2-307, the Mine Occupational Licensing Commission shall classify applicants according to their experience in the following types of mines:
A. Surface Mines
B. Underground Mines
Experience shall be determined from practical work of a hands-on nature directly related to the hazards involved in the type of mine for which certification is requested. Underground coal mine experience shall qualify for gassy metal or non-metal mine experience, but not the reverse.
An Applicant must have the number of years of experience required by the applicable statute that authorizes the examination for the requested certificate.
Section 3. Examination Policies.
(a) Application fees are non-refundable after applications for examination are accepted by the Mine Occupational Licensing Commission.
(b) Applicants must meet all qualification requirements by April 1 by the examination year.
(c) The examinations shall be administered in Rock Springs and by request in any other location having 25 or more applicants.
(d) The hours of examination shall be from 8:00 a.m. until 4:00 p.m. on each day stated in the published notice.
(e) Each applicant shall be notified of his examination results when all grading is completed. Where applicants have given their permission, their employers may be notified with a pass/fail list.
(f) Examination papers may be viewed, only by each respective applicant, until 30 days after notification of examination results. Reviews of examination papers shall be made in the office of the State Mine Inspector in Rock Springs during regular business hours.
(g) If an applicant has failed an examination, he may file a written request for a review of his examination with the State Mine Inspector. Written requests for review of examination results shall be made within 30 days of notification of examination grades. The State Mine Inspector shall notify the applicant of the time and place of the review, which shall take place within 120 days of notification of the exam score. The review shall be limited only to the applicant and two or more members of the Mine Occupational Licensing Commission.
If the review fails to resolve the problem, the applicant may appeal the results in writing to the Mine Occupational Licensing Commission through the office of the State Mine Inspector. Appealed examinations shall be reviewed by the entire Mining Council in accordance with the Wyoming Administrative Procedure Act.
(h) An underground mine examiner or mine foreman examination with a failing grade shall be independently graded by a second Mine Occupational Licensing Commission Member. Should the second grading result in a passing grade, a third Commission Member shall grade the examination. The majority grade shall be assigned to the examination.
(i) No applicant's examination shall be graded by a Commission Member having the same employer, unless impossible due to composition of the Commission.
(a) Commission Members shall develop and administer examinations for Mine Examiner and Mine Foreman certification.
(b) Examinations shall be periodically reviewed to assure current and applicable subject matter.
(c) Examinations shall be graded using an answer key established for that purpose.
(d) Procedures governing the conduct and administration of examinations shall be included with each examination and shall be reviewed periodically for possible modification.
(e) The State Inspector of Mines shall prepare examination packages for each qualified applicant from subject matter provided by the Commission.
(f) Examination materials shall be safeguarded against disclosure to unauthorized persons. Examinations shall remain in the custody of the State Inspector of Mines, members of the Inspector's staff, or members of the Mine Occupational Licensing Commission. Transmission of examinations shall be by hand among the above persons or by U.S. Mail.