Sec. 13. (a) A person may not be employed underground in any coal mine in this state unless the person possesses a certificate of competency issued by the director, except that a person who does not possess a certificate may be employed to work under the supervision of a person who does possess a certificate for the purpose of becoming qualified to obtain a certificate. A person who intends to work underground in a coal mine to obtain a certificate must first obtain a permit from the director by stating the person’s date of birth and residence address. The director shall grant a permit to an applicant who is of legal age and who has intelligence and character such that the person will not be a danger to life and property.

     (b) A certificate of competency shall be granted to an applicant who has at least six (6) months experience underground in coal mines, subject to subsection (f).

Terms Used In Indiana Code 22-10-3-13

  • Board: refers to the mining board established under Indiana Code 22-10-3-1
  • Director: means the director of the bureau of mines and mine safety established under IC 22-1-1-4. See Indiana Code 22-10-3-1
  • Interested persons: means the director, safety personnel designated by the operator, state and federal coal mine inspectors, and, to the extent required by law, any other person. See Indiana Code 22-10-3-1
  • Mine: means an underground commercial coal mine. See Indiana Code 22-10-3-1
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
     (c) The director’s record shall include the names of applicants for certificates and the names of persons to whom certificates are issued, correlated with the certificate numbers.

     (d) An applicant for a certificate must pay the director at the time of application a fee of five dollars ($5). All money received under this subsection shall be deposited in the mine safety fund established by IC 22-10-12-16. The board may set a different fee by rule under IC 22-10-1.5-4.

     (e) The board shall report to the director the names of all persons issued certificates, the amount of money received, the names of all persons refused certificates, and the reasons for the refusals, and such reports shall be open for inspection by interested persons.

     (f) If a person has been convicted of a felony under 30 U.S.C. § 820 and fewer than five (5) years have elapsed from the person’s date of discharge from probation, imprisonment, or parole, the person may not:

(1) obtain a certificate of competency;

(2) be employed to work with a person who does possess a certificate; or

(3) obtain a permit to work toward a certificate of competency;

under subsection (a).

Formerly: Acts 1955, c.168, s.27; Acts 1971, P.L.358, SEC.7; Acts 1973, P.L.242, SEC.2. As amended by Acts 1979, P.L.231, SEC.7; Acts 1981, P.L.210, SEC.3; P.L.37-1985, SEC.51; P.L.165-1997, SEC.2; P.L.35-2007, SEC.18.

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