Workforce Services, Department of

Mining Council

Chapter 3: Variances to the Presence of Certified Mine Foreman Underground

Effective Date: 11/09/2005 to Current

Rule Type: Current Rules & Regulations

Reference Number: 053.0005.3.11092005

RULES AND REGULATIONS

STATE MINING COUNCIL

CHAPTER III

VARIANCES TO THE PRESENCE OF CERTIFIED MINE FOREMAN UNDERGROUND

Section 1. Authority:

These rules of the State Mining Council are promulgated as written pursuant to W.S. § 30-2-301 (b).

Section 2. Requests for Variance:

(a) Any company operating an underground mine may request in writing a variance from the State Mining Council authorizing an exception to the statutory requirement of W.S. § 30-2-308 which requires a certified underground mine foreman to remain underground when a person is present underground. (b) A company operating more than one underground mine is required to submit a separate variance request for each mine for which the company wants a variance. (c) The company requesting a variance shall post a copy of its variance request on bulletin boards, referred to in W.S. § 30-2-209 (b) (iii), at the mine where the variance would apply. The copy of the variance request must be posted on the bulletin boards on or before the date that the variance request is submitted to the State Mining Council.

Section 3. Contents of Variance Request:

The following information must be included in each written variance request:

(a) Name of company requesting the variance; (b) Name of the mine for which the variance is requested; (c) Mailing addresses of the company and the mine; (d) Name and phone number of the company's contact person; (e) Name and phone number of the mine's contact person; (f) Specific reasons why the variance is necessary and should be granted; and (g) Length of time the company wants the variance to be effective.

Section 4. Procedures for Submitting Variance Requests:

Variance requests may be delivered in person to the State Mine Inspector or mailed to the State Mine Inspector's main office in Rock Springs, Wyoming.

Section 5. Notice of receipt of Variance Request:

Upon receipt of the variance request, the State Mining Council shall notify the company and mine's contact persons in writing by certified mail of the following:

1. (a) Receipt of the variance request;
2. (b) The variance request will be placed on the agenda of the next regularly scheduled State Mining Council meeting;
3. (c) Date of next regularly scheduled State Mining Council meeting;
4. (d) Time of next regularly scheduled State Mining Council meeting; and
5. (e) Location of next regularly scheduled State Mining Council meeting.

Section 6. State Mining Council Action on Variance Request:

The next regularly scheduled State Mining Council meeting after a variance request is submitted, the State Mining Council shall:

1. (a) Review and read aloud the variance request;
2. (b) Take comments from the company requesting the variance;
3. (c) Take comments from any other interested person or party;
4. (d) Read into the record all written comments received prior to the State Mining Council meeting;
5. (e) Discuss the merits of the variance request;
6. (f) Take a public vote, by a show of hands, on whether or not to grant the requested variance;
7. (g) Where the variance is granted, set a time period for which the variance is effective;
8. (h) Impose any conditions upon the variance that the State Mining Council deems necessary;
9. (i) Record the variance request proceedings of the State Mining Council meeting;
10. (j) The decision of the State Mining Council regarding the variance request shall constitute a final agency action.

Section 7. Notice of State Mining Council's Decision

1. (a) The State Mining Council shall notify the following in writing by certified mail of the State Mining Council's decision on the variance request:

(i) The company requesting the variance;

(ii) The mine where the variance would apply;

(iii) Any person or party who commented in person at the State Mining Council meeting; and

(iv) Any person or party who commented in writing.

(b) The company requesting the variance shall post a copy of the State Mining Council's decision letter on bulletin boards which are referred to in W.S. § 30-2-209 (b) (iii). Copies of the State Mining Council's decision letter shall be posted on the day that the company, or mine, receives the State Mining Council's decision letter. If the variance request has not been granted by the State Mining Council, the State Mining Council decision letter shall remain posted for thirty calendar days. If the variance was granted, the State Mining Council's decision letter shall remain posted until the expiration or termination of the variance.