Public Act 102-0937
 
HB4568 EnrolledLRB102 22912 SPS 32065 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Coal Mining Act is amended  by changing 
Sections 2.01, 2.10, 2.12, 2.14, 3.01, and 3.04 and the 
heading of Article  8 and Sections 8.01, 8.04, 8.05, 8.06, 
8.08, 8.09, 8.11, 8.12, 8.13, 8.14, 8.16, 8.17, 8.18, and 8.19 
as follows:
 



    (225 ILCS 705/2.01)  (from Ch. 96 1/2, par. 301)



    Sec. 2.01. 
The Mining Board in the Department of Natural 
Resources shall
administer this Act, except that Article 8 
shall
be administered by the Miners' Examining Board in the 
Department.

(Source: P.A. 89-445, eff. 2-7-96.)

 



    (225 ILCS 705/2.10)  (from Ch. 96 1/2, par. 310)



    Sec. 2.10. 
In conducting the hearings before the Mining 
Board any member of
the Mining Board shall have the power to 
administer oaths to any and all
persons appearing before the 
Mining Board, and any person who shall willfully
wilfully, 
corruptly and falsely testify under oath with respect to any

charges or evidence offered shall be deemed guilty of perjury 
and shall be
subject to the penalties thereof as prescribed by 
the laws of this State.

(Source: Laws 1953, p. 701.)

 



    (225 ILCS 705/2.12)  (from Ch. 96 1/2, par. 312)



    Sec. 2.12. 
The Mining Board shall have power to promulgate 
rules and
regulations, in accordance with the Illinois 
Administrative Procedure Act and in connection with methods of 
coal mining affecting the
health and safety of persons 
employed in the coal mines.
The rules and regulations shall be 
promulgated in accordance with the following
procedure and 
standards:

    Prior to the adoption, amendment, or repeal of any rule, 
the Director
shall:

    (a) give at least 30 days notice of his intended action.  
The notice
shall include a statement of the terms or substance 
of the intended action or
of a description of the subjects and 
issues involved, and the time and the
place for interested 
persons to present their views thereon.  The notice
shall be 
mailed to all persons who have made timely request of the 
Director
for advance notice of his rule-making proceedings and 
shall be published
in the official State
newspaper;

    (b) afford all interested persons reasonable opportunity 
to submit
data, views, or arguments, orally or in writing, 
provided that the right
to cross examine any witnesses is 
given to any interested parties, if such
right is requested.  
The Director shall consider fully all written and oral

submissions respecting the proposed rule.  No rule may be 
adopted
unless substantial evidence in support of such rule is 
presented
at such hearing.  Upon adoption of a rule the 
Director, if requested to do so
by an interested person either 
prior to adoption or within 30 days thereafter,
shall issue a 
concise statement of the principal reasons for or against its

adoption, incorporating therein his reasons for overruling the 
considerations
urged against its adoption.  No rule is valid 
unless adopted in substantial
compliance with this Section.

    (c) The Director shall file in the office of the Secretary 
of State
a certified copy of each rule adopted by him.  The 
Secretary of State shall keep
a permanent register of the 
rules open to public inspection.

    (d) Each rule hereafter adopted is effective 30 days after 
filing,
except that, if a later date is specified in the rule, 
the later date is the
effective date.  Any rule adopted 
hereunder shall not be retroactive.  Any
operator shall have 
the right to proceed with operations under this Act
until the 
rules are adopted and no rules shall be made applicable to any

operations prior to the effective date thereof.

    These rules and regulations shall be enforced by the 
Department.

(Source: P.A. 79-460.)

 



    (225 ILCS 705/2.14)  (from Ch. 96 1/2, par. 314)



    Sec. 2.14. 
The Director shall promulgate rules, in 
accordance with the Illinois Administrative Procedure Act, 
necessary for the effective
and orderly conduct
of hearings 
held pursuant to this Act.  These rules shall include, but not

necessarily be limited
to, the following for the benefit of 
any affected operator, miner, labor
representative or other

person with a substantial interest in the hearing:

    1.  adequate written notice of charges against any charged 
party;

    2.  adequate written notice of all hearings to any affected 
operator, miner,
labor representative or other interested 
person;

    3.  the right to be represented by counsel;

    4.  the right to present evidence.

    5. the right to cross-examine witnesses.

    6. the right to present its position orally or in writing 
to the Board.

    7. the right to request issuance of subpoenas by the 
Department.

(Source: P.A. 79-460.)

 



    (225 ILCS 705/3.01)  (from Ch. 96 1/2, par. 351)



    Sec. 3.01. 
The certificates provided for in this Act, 
except those issued as
provided in Article 8, shall be issued 
under the signature of the Director
and the seal of the Mining 
Board Department to all those who receive a rating above the

minimum fixed by the rules of the Mining Board, and to no other 
persons.
All certificates shall contain the full name of the 
recipient, his age, his
place of birth, and the nature and 
number of years of his previous service
in or about coal mines.

(Source: Laws 1953, p. 701.)

 



    (225 ILCS 705/3.04)  (from Ch. 96 1/2, par. 354)



    Sec. 3.04. 
An applicant for any certificate provided for 
in this Act,
except those issued as provided in Article 8, 
before being examined, shall register his or her name with the 
Mining Board and
file with the Board the credentials required 
by this Act, to-wit: an
affidavit as to all matters of fact 
establishing his or her right to receive the
examination, and 
a certificate of good character and temperate habits
signed by 
at least 10 residents of the community in which he or she 
resides. Each applicant shall also submit a reasonable fee as 
prescribed by rule, with such fee being deposited into the 
Coal Mining Regulatory Fund. The monies deposited into the 
Coal Mining Regulatory Fund under this Section shall not be 
subject to administrative charges or chargebacks unless 
otherwise authorized by this Act. 

(Source: P.A. 97-1136, eff. 1-1-13.)

 
    (225 ILCS 705/Art. 8 heading)
ARTICLE 8. 
MINERS' EXAMINING BOARD AND  MINERS' EXAMINATIONS.


 



    (225 ILCS 705/8.01)  (from Ch. 96 1/2, par. 801)



    Sec. 8.01. 
No person shall be employed or engaged at the 
face of
the coal as a coal loader, loading machine operator, 
cutting machine
operator, driller or shooter, timberman or 
roof bolter in any coal mine in this State
without having first 
obtained a certificate of competency from the Mining Miners'

Examining Board,
and having completed a course of instruction 
in first aid to the injured
and mine rescue methods
and 
appliances prescribed by the Department,
except that any such 
certified miner may have one person
working with him and under 
his direction as an apprentice for the purpose
of learning the 
business of mining and becoming qualified to obtain a

certificate of competency.  

    No person who enters employment as an apprentice miner 
shall be
employed as an apprentice miner for a period longer 
than 12
months after becoming eligible to obtain a first class

certificate of competency, except in the event of illness or

injury, when time extensions may be permitted in a manner

established by the Mining Miners' Examining Board.

(Source: P.A. 85-1333.)

 



    (225 ILCS 705/8.04)  (from Ch. 96 1/2, par. 804)



    Sec. 8.04. 
Each Mining Board miners' examining officer 
shall receive as compensation for his
services the sum of 
$7,500 per year or such greater
sum as may be set by the 
Compensation Review Board.
He shall also receive his traveling

and other necessary expenses actually expended in the 
discharge of his
official duties. Expenses Salary and expenses 
of such
officers shall be paid monthly. All expense accounts 
shall be itemized
and verified by the examining officer 
receiving the same, and shall be
approved by the Director.

(Source: P.A. 85-1333.)

 



    (225 ILCS 705/8.05)  (from Ch. 96 1/2, par. 805)



    Sec. 8.05. 
The Board shall organize
annually by selecting 
one of its members as president and another as secretary. All

records, reports, books, papers, and other property pertaining 
to the
office of the Mining Miners' Examining Board shall be 
kept by the secretary. The
secretary shall be provided with a 
seal with proper device, and on the
margin thereof shall be the 
words, "Mining Miners' Examining Board, State of
Illinois."

(Source: P.A. 85-1333.)

 



    (225 ILCS 705/8.06)  (from Ch. 96 1/2, par. 806)



    Sec. 8.06. 
The Mining Miners' Examining Board shall hold 
an examination once in
each calendar month, and at such other 
times and at such places as the
Director may designate.  The 
Director shall endeavor to schedule
examinations at places 
located most conveniently with
reference to the districts in 
which coal is mined in the State of Illinois
so that all 
persons in such district or in this State, or who may wish to

come into this State for the purpose of engaging in mining may 
be examined
as to their competency and qualifications. Public 
notice of the
examinations shall be given through the press or 
otherwise not less than
7 days in advance
of such meeting, 
which notice shall fix the time and place at which any

examination under this Act is to be held.

(Source: P.A. 85-1333.)

 



    (225 ILCS 705/8.08)  (from Ch. 96 1/2, par. 808)



    Sec. 8.08. All examinations held by the Mining Miners' 
Examining Board shall be
conducted in the English language and 
shall be of a
practical nature so as
to determine the 
competency and qualification of the applicant to engage in

mining. The Mining Miners' Examining Board shall examine under 
oath all persons
who apply for certificates as to their 
previous experience as miners and
shall grant certificates of 
competency to such applicants
as are qualified, which 
certificates shall entitle the holder thereof to be
employed 
as and to do the work of miners in this State.

(Source: P.A. 85-1333.)

 



    (225 ILCS 705/8.09)  (from Ch. 96 1/2, par. 809)



    Sec. 8.09. 
A first class certificate of competency shall 
be issued to
any person under this Article who can produce 
satisfactory evidence to
the Mining Miners' Examining Board of 
having had not less than 1 year
experience as a worker on coal 
producing sections of a coal mine and
having had an 
opportunity during that year of observing and helping to

perform all the work required in that section and also to learn 
the
fundamentals of roof control, testing of top, and testing 
for gas, which
could be accomplished by the cooperation of 
management and workers, and
that he has completed a course in 
first aid for the injured.

    A first class certificate of competency shall also be 
issued to any
person under this Article who can produce 
satisfactory evidence to the Mining
Miners' Examining Board of 
having been employed as a worker or a trainee
in an underground 
coal mine for a period not less than 6 months and
having had an 
opportunity during that 6 months of observing and helping
to 
perform work required on a coal producing section and also to 
learn
the fundamentals of ventilation, roof control, testing 
of rib and roof,
and testing for gas, and that he has completed 
a course in first aid for
the injured, and possesses a two-year 
Associate in Applied Science
Degree in Coal Mining Technology 
or a degree in Engineering from an
approved school or college, 
or university.

(Source: P.A. 85-1333.)

 



    (225 ILCS 705/8.11)  (from Ch. 96 1/2, par. 811)



    Sec. 8.11. 
In no case shall an applicant for certificate 
of competency be
deemed competent unless he appears in person 
before the Mining Miners' Examining
Board and orally answers 
intelligently and correctly practical questions,
propounded to 
him by said Board, pertaining to the requirements and

qualifications of a practical miner.

(Source: Laws 1955, p. 2012.)

 



    (225 ILCS 705/8.12)  (from Ch. 96 1/2, par. 812)



    Sec. 8.12. 
The Mining Miners' Examining Board shall make 
an accurate record of its
proceedings and meetings and in the 
record shall show a correct detailed
account of the 
examination of each applicant with questions asked and their

answers, and the record made shall be open for public 
inspection.

(Source: Laws 1957, p. 1558.)

 



    (225 ILCS 705/8.13)  (from Ch. 96 1/2, par. 813)



    Sec. 8.13. 
No miners' certificate granted under the 
provisions of this
Article is transferable and any effort to 
transfer the same is a violation
of this Act. Such 
certificates shall be issued only at meetings of the Mining

Miners' Examining Board and shall not be valid unless signed 
by at least
two members of the Mining Miners' Examining Board 
and sealed with the seal of such
Board.

(Source: Laws 1953, p. 701.)

 



    (225 ILCS 705/8.14)  (from Ch. 96 1/2, par. 814)



    Sec. 8.14. 
The Mining Miners' Examining Board shall 
annually on the first day of
March, report to the Director, in 
writing, what examinations it has held
and what work it has 
done during the preceding year, together with such

recommendations as it may deem advisable for the improvement 
of the method
of holding examinations and carrying out the 
purposes of this Article.

(Source: Laws 1953, p. 701.)

 



    (225 ILCS 705/8.16)  (from Ch. 96 1/2, par. 816)



    Sec. 8.16. 
The Mining Miners' Examining Board shall report 
all complaints or
charges of noncompliance with, or violation 
of the provisions of this
Article to the State's Attorney of 
the county in which such non-compliance
or violation occurs, 
and the State's Attorney of the county wherein the
complaints 
or charges are made shall investigate the same and prosecute 
all
persons so offending.

(Source: Laws 1953, p. 701.)

 



    (225 ILCS 705/8.17)  (from Ch. 96 1/2, par. 817)



    Sec. 8.17. 
In order to more effectively carry out the 
intention and purposes
of this Article, the Mining Miners' 
Examining Board shall have power to administer
oaths to any 
and all persons who are applicants or may vouch in any manner

for the service or qualification of any applicant in order to 
obtain for
him a certificate hereunder, and any person who 
shall wilfully and falsely
swear or testify as to any matter 
material to such examination or as to the
service or 
qualification of any applicant shall be deemed guilty of 
perjury
and shall be subject to the penalties thereof as 
prescribed by the criminal
code of this State.

(Source: Laws 1953, p. 701.)

 



    (225 ILCS 705/8.18)  (from Ch. 96 1/2, par. 818)



    Sec. 8.18. 
The Governor shall have the power and authority 
to remove any Mining Board
miners' examining officer for 
neglect of duty, incompetency, or malfeasance
in office, and 
upon such removal shall appoint a successor.

(Source: P.A. 85-1333.)

 



    (225 ILCS 705/8.19)  (from Ch. 96 1/2, par. 819)



    Sec. 8.19. 
It shall be unlawful for any member of the 
Mining Miners' Examining Board to issue
any certificate of 
competency pursuant to this Section when he knows or
has 
reason to know that
the applicant fails to meet any of the 
requirements for the certificate.

(Source: P.A. 79-460.)

  
 
    (225 ILCS 705/8.02 rep.)
    (225 ILCS 705/8.03 rep.)
    Section 10. The Coal Mining Act is amended by repealing 
Sections 8.02 and 8.03.
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.