Wyo. Code R. 053-0005-2
Mining Council
Chapter 2: Certification Revocation Hearings
Effective Date: 12/17/2001 to 07/19/2002
Rule Type: Superceded Rules & Regulations
Reference Number: 053.0005.2.12172001
FOR CERTIFICATION REVOCATION HEARINGS
These rules are promulgated pursuant to authority granted by (W.S. § 30-2-301(b) and the Wyoming Administrative Procedures Act (W.S. § 16-3-101 through W.S.§ 16-3-115)
These rules have been adopted to provide a uniform and understandable process for receiving complaints and conducting fair hearings regarding possible revocation of certificates issued by the State Mining Council or temporary permits issued by the State Mine Inspector.
The following definitions of terms used in this chapter shall apply.
(a) "Act" Shall mean W.S.§ 30-2-101 through W.S. § 30-3-509.
(b) "Complainant" Shall mean any individual who files a complaint alleging a violation listed in W.S. § 30-2-311(a).
(c) "Rules and Regulations" Shall mean the State Mine Inspector's Shot-firer Certification Rules, the General Mine Safety Rules, the Qualified Person Certification Rules and the Rules of Practice and Procedure for Certification Revocation Hearings.
(a) Proceedings under these rules shall commence when a signed written complaint is filed, by the Complainant, with the State Mine Inspector.
(b) The Complainant must allege, based on actual firsthand knowledge, that a certificate holder:
(i) has violated a provision of the Act;
(ii) has violated rules and regulations promulgated under the Act;
(iii) was intoxicated while in duty status; (iv) is suffering from mental disabilities or; (v) has neglected his/her duties.
(c) A complaint is deemed filed with the State Mine Inspector when the complaint is received at the State Mine Inspector's office and is date stamped. The State Mine Inspector's mailing address is P.O. Box 1094, Rock Springs, WY 82902.
(d) A complaint must contain, but is not limited to, the following:
(i) The name, current address and phone number (if any) of the Complainant. (ii) The alleged violation of W.S. § 30-2-311(a). (iii) The exact dates and approximate time of the violation. (iv) The name of the mine and the exact location in the mine where the alleged violation took place. (v) The name of the company that owns the mine where the alleged violation took place. (vi) Details of the alleged violation. (vii) Names of potential witnesses to the alleged violation. (viii) Signature of the Complainant.
(e) The complainant must notify the State Mine Inspector, in writing, of any change in the Complainant's address or telephone number. The Complainant must notify the State Mine Inspector within fifteen (15) calendar days of the change.
(f) The complaint and its contents are not confidential. The State Mine Inspector may discuss the contents of the complaint with, and distribute copies of the complaint to, individuals being interviewed in the course of the investigation.
(a) Upon Receipt of a complaint, the State Mine Inspector shall date stamp the complaint with the date that the complaint was received.
(b) Within five (5) working days after receiving and date stamping the complaint, the State Mine Inspector shall deliver, by certified mail, copies of the complaint to each member of the Decertification Review Committee.
(c) Within five (5) working days after the receipt of the copy of the complaint the Decertification Review Committee shall meet either in person or by telephone conference call to:
(i) Review the complaint to determine:
(A) Whether the complaint contains the required contents listed in Section 4.d.
(ii) Initiate the State Mine Inspector's investigation of the complaint if the Decertification Review Committee determines that the complaint has been timely filed and contains the required contents.
(iii) Upon receipt of the copy of the complaint the Decertification Review Committee shall notify the certificate holder, by certified mail, that a complaint has been filed against him/her. A copy of the complaint shall accompany the notification. The Decertification Review Committee shall also inform the certificate holder that the complaint is under review and that the certificate holder will be notified whether an investigation will be held.
(d) If the complaint does not contain all of the required criteria listed in Section 4.d., the Decertification Review Committee may dismiss the complaint without considering the merits of the complaint.
(e) Where the Decertification Review Committee has dismissed a complaint for failure to include the criteria listed in Section 4.d., the Complainant may refile a modified complaint. The modified complaint shall be subject to the procedures set forth in Sections 4 and 5 of these rules.
(a) Within ten (10) working days of notification from the Decertification Review Committee to investigate the complaint, the State Mine Inspector shall begin the investigation.
(b) The State Mine Inspector shall record verbatim, stenographically or by electronic means, all interviews of the Complainant, the certificate holder, all potential witnesses and any person who may possibly have any information relevant to the investigation.
(c) Upon completion of the investigation the State Mine Inspector shall submit a report of his investigation findings to the Decertification Review Committee. The report shall be in writing and include a transcript of all recorded interviews and copies of all evidence gathered during the investigation.
(d) In addition to his written report, the Decertification Review Committee may require the State Mine Inspector to give an oral summary of his investigation findings.
(e) All information and documents gathered by the State Mine Inspector during the course of the investigation shall remain confidential until the State Mining Council's final agency decision has been issued.
(a) The Decertification Review Committee shall consist of three (3) members of the State Mining Council, whom shall be appointed by the President of the State Mining Council.
(b) Each member of the Decertification Review Committee shall serve a term of one (1) calendar year.
(c) Where a member of the Decertification Review Committee resigns from either the State Mining Council or the Decertification Review Committee, the President of the State Mining Council shall appoint a different member of the State Mining Council to complete the remaining term of the departing member.
(d) Where a member of the Decertification Review Committee has a conflict of interest or a possible conflict of interest with regards to a particular complaint, the President of the State Mining Council shall temporarily appoint a different member of the State Mining Council to the Decertification Review Committee, to review that particular complaint. The member who has been replaced on the Decertification Review Committee shall not participate in the State Mining Council's final agency decision for that particular complaint.
(a) Any meeting held by the Decertification Review Committee to review a decertification complaint under these rules shall be an executive session and not open to the public.
(b) The Decertification Review Committee members shall not discuss any decertification complaint matter with the remaining members of the State Mining Council.
(c) After a review of the investigation report and all accompanying evidence, the Decertification Review Committee, in consultation with legal council, may:
(i) Order additional investigation by the State Mine Inspector;
(ii) Dismiss the complaint: or (iii) Send the complaint to a hearing.
(a) Upon a finding that additional information is needed the Decertification Review Committee shall instruct the State Mine Inspector, in writing, to investigate the complaint further.
(b) Upon completion of the additional investigation, the State Mine Inspector shall submit his additional findings, in writing, to the Decertification Review Committee.
(c) The Decertification Review Committee shall review any additional evidence and decide to either:
(i) Order additional investigation by the State Mine Inspector; (ii) Dismiss the complaint: or (iii) Send the complaint to a hearing.
(a) Where, after a review of the evidence, the Decertification Review Committee determines that the evidence was insufficient and/or the violation was not serious enough in nature to warrant revoking the certificate holder's certificate, the Decertification Review Committee may dismiss the complaint.
(b) The Decertification Review Committee shall notify the Complainant and the certificate holder, by certified mail, of the decision to dismiss the complaint. The Decertification Review Committee's decision letter shall contain a findings of facts and a conclusion of law separately stated and supported by concise and explicit statements.
(c) The Decertification Review Committee's decision to dismiss the complaint shall constitute the State Mining Council's final agency decision on the matter.
(d) Pursuant to W.S. § 16-3-114 the Decertification Review Committee's decision to dismiss the complaint may be appealed to the District Court.
(a) If the Decertification Review Committee, in consultation with legal council, decides that the complaint and evidence warrants a hearing, the complaint shall be submitted to the Office of Administrative Hearings for a fair hearing under the Administrative Procedure Act W.S. § 16-3-101 through W.S. § 16-3-115.
(b) The Decertification Review Committee shall notify all parties, by certified mail, that the complaint has been submitted to the Office of Administrative Hearings for a fair hearing and a recommended decision.
(c) The hearing officer's only responsibility shall be to determine whether or not the certificate shall be revoked.
(d) The hearing officer's recommended decision shall include the hearing officer's determination of whether the certificate should be revoked, a statement of supporting facts and a conclusion of law.
(a) Upon receipt of the hearing officer's recommended decision, the State Mining Council, excluding the Decertification Review Committee members, shall at the next regularly scheduled State Mining Council's meeting, review the recommended decision and make a decision. The State Mining Council decision may:
(i) Accept the hearing officer's recommended decision;
(ii) Modify the hearing officer's recommended decision; or
(iii) Reject the hearing officer's recommended decision in total.
(b) Any meeting held by the State Mining Council to review the hearing officer's recommended decision and make a final agency decision shall be an executive session and not be open to the public.
(c) Where the State Mining Council has made a final agency decision to revoke a certificate, the State Mining Council, after a review of the record, shall determine the length of time that the certificate shall be revoked.
(d) Where a certificate has been revoked for a period of less than ninety (90) days, the State Mining Council shall automatically reissue the certificate to the former certificate holder as soon as possible after the expiration of the revocation period. The certificate holder shall not be required to retake the certificate examination for that specific certificate.
(e) Where a certificate has been revoked for a period of ninety (90) days or more, the former certificate holder shall be required to reapply, retake and pass the certificate examination for the certificate that has been revoked.
(f) Upon expiration of the revocation period, the former certificate holder may apply to retake the certificate examination. The application shall be mailed to the State Mine Inspector at P.O. Box 1094, Rock Springs, Wyoming 82902.
(g) The State Mining Council shall administer the examination in accordance with W.S.§ 30-2-307 and the State Mining Council's Regulations, Chapter 1, Examination for Certificates.
(h) The State Mining Council shall administer the examination to the former certificate holder as soon as possible and at a date and time agreeable to both the State Mining Council and the former certificate holder.
(i) The State Mining Council shall notify all parties of its decision by certified mail.
(j) The State Mining Council's decision shall constitute the final agency action in this matter.
(k) The State Mining Council members shall not discuss the hearing officer's recommended decision or the State Mining Council's final agency decision with the Decertification Review Committee members until such time as the final agency decision has been issued and served upon all parties.
(l) Pursuant to W.S. § 16-3-114 the State Mining Council's final agency decision may be appealed to the District Court.
(m) Where a member of the State Mining Council has a conflict of interest or a possible conflict of interest with regards to a particular complaint, that State Mining Council member shall not participate in the State Mining Council's final agency decision for that particular complaint.
(n) Where a member of the State Mining Council has a conflict of interest or a possible conflict of interest with regards to a particular complaint, that State Mining Council member shall not participate in the State Mining Council's final agency decision for that particular complaint.