Full Text of HB4568 102nd General Assembly
HB4568enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Coal Mining Act is amended by changing | 5 | | Sections 2.01, 2.10, 2.12, 2.14, 3.01, and 3.04 and the | 6 | | heading of Article 8 and Sections 8.01, 8.04, 8.05, 8.06, | 7 | | 8.08, 8.09, 8.11, 8.12, 8.13, 8.14, 8.16, 8.17, 8.18, and 8.19 | 8 | | as follows:
| 9 | | (225 ILCS 705/2.01) (from Ch. 96 1/2, par. 301)
| 10 | | Sec. 2.01.
The Mining Board in the Department of Natural | 11 | | Resources shall
administer this Act , except that Article 8 | 12 | | shall
be administered by the Miners' Examining Board in the | 13 | | Department .
| 14 | | (Source: P.A. 89-445, eff. 2-7-96.)
| 15 | | (225 ILCS 705/2.10) (from Ch. 96 1/2, par. 310)
| 16 | | Sec. 2.10.
In conducting the hearings before the Mining | 17 | | Board any member of
the Mining Board shall have the power to | 18 | | administer oaths to any and all
persons appearing before the | 19 | | Mining Board, and any person who shall willfully
wilfully , | 20 | | corruptly and falsely testify under oath with respect to any
| 21 | | charges or evidence offered shall be deemed guilty of perjury | 22 | | and shall be
subject to the penalties thereof as prescribed by |
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| 1 | | the laws of this State.
| 2 | | (Source: Laws 1953, p. 701.)
| 3 | | (225 ILCS 705/2.12) (from Ch. 96 1/2, par. 312)
| 4 | | Sec. 2.12.
The Mining Board shall have power to promulgate | 5 | | rules and
regulations , in accordance with the Illinois | 6 | | Administrative Procedure Act and in connection with methods of | 7 | | coal mining affecting the
health and safety of persons | 8 | | employed in the coal mines.
The rules and regulations shall be | 9 | | promulgated in accordance with the following
procedure and | 10 | | standards:
| 11 | | Prior to the adoption, amendment, or repeal of any rule, | 12 | | the Director
shall:
| 13 | | (a) give at least 30 days notice of his intended action. | 14 | | The notice
shall include a statement of the terms or substance | 15 | | of the intended action or
of a description of the subjects and | 16 | | issues involved, and the time and the
place for interested | 17 | | persons to present their views thereon. The notice
shall be | 18 | | mailed to all persons who have made timely request of the | 19 | | Director
for advance notice of his rule-making proceedings and | 20 | | shall be published
in the official State
newspaper;
| 21 | | (b) afford all interested persons reasonable opportunity | 22 | | to submit
data, views, or arguments, orally or in writing, | 23 | | provided that the right
to cross examine any witnesses is | 24 | | given to any interested parties, if such
right is requested. | 25 | | The Director shall consider fully all written and oral
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| 1 | | submissions respecting the proposed rule. No rule may be | 2 | | adopted
unless substantial evidence in support of such rule is | 3 | | presented
at such hearing. Upon adoption of a rule the | 4 | | Director, if requested to do so
by an interested person either | 5 | | prior to adoption or within 30 days thereafter,
shall issue a | 6 | | concise statement of the principal reasons for or against its
| 7 | | adoption, incorporating therein his reasons for overruling the | 8 | | considerations
urged against its adoption. No rule is valid | 9 | | unless adopted in substantial
compliance with this Section.
| 10 | | (c) The Director shall file in the office of the Secretary | 11 | | of State
a certified copy of each rule adopted by him. The | 12 | | Secretary of State shall keep
a permanent register of the | 13 | | rules open to public inspection.
| 14 | | (d) Each rule hereafter adopted is effective 30 days after | 15 | | filing,
except that, if a later date is specified in the rule, | 16 | | the later date is the
effective date. Any rule adopted | 17 | | hereunder shall not be retroactive. Any
operator shall have | 18 | | the right to proceed with operations under this Act
until the | 19 | | rules are adopted and no rules shall be made applicable to any
| 20 | | operations prior to the effective date thereof.
| 21 | | These rules and regulations shall be enforced by the | 22 | | Department.
| 23 | | (Source: P.A. 79-460.)
| 24 | | (225 ILCS 705/2.14) (from Ch. 96 1/2, par. 314)
| 25 | | Sec. 2.14.
The Director shall promulgate rules , in |
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| 1 | | accordance with the Illinois Administrative Procedure Act, | 2 | | necessary for the effective
and orderly conduct
of hearings | 3 | | held pursuant to this Act. These rules shall include, but not
| 4 | | necessarily be limited
to, the following for the benefit of | 5 | | any affected operator, miner, labor
representative or other
| 6 | | person with a substantial interest in the hearing:
| 7 | | 1. adequate written notice of charges against any charged | 8 | | party;
| 9 | | 2. adequate written notice of all hearings to any affected | 10 | | operator, miner,
labor representative or other interested | 11 | | person;
| 12 | | 3. the right to be represented by counsel;
| 13 | | 4. the right to present evidence.
| 14 | | 5. the right to cross-examine witnesses.
| 15 | | 6. the right to present its position orally or in writing | 16 | | to the Board.
| 17 | | 7. the right to request issuance of subpoenas by the | 18 | | Department.
| 19 | | (Source: P.A. 79-460.)
| 20 | | (225 ILCS 705/3.01) (from Ch. 96 1/2, par. 351)
| 21 | | Sec. 3.01.
The certificates provided for in this Act , | 22 | | except those issued as
provided in Article 8, shall be issued | 23 | | under the signature of the Director
and the seal of the Mining | 24 | | Board Department to all those who receive a rating above the
| 25 | | minimum fixed by the rules of the Mining Board, and to no other |
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| 1 | | persons.
All certificates shall contain the full name of the | 2 | | recipient, his age, his
place of birth, and the nature and | 3 | | number of years of his previous service
in or about coal mines.
| 4 | | (Source: Laws 1953, p. 701.)
| 5 | | (225 ILCS 705/3.04) (from Ch. 96 1/2, par. 354)
| 6 | | Sec. 3.04.
An applicant for any certificate provided for | 7 | | in this Act,
except those issued as provided in Article 8, | 8 | | before being examined, shall register his or her name with the | 9 | | Mining Board and
file with the Board the credentials required | 10 | | by this Act, to-wit: an
affidavit as to all matters of fact | 11 | | establishing his or her right to receive the
examination, and | 12 | | a certificate of good character and temperate habits
signed by | 13 | | at least 10 residents of the community in which he or she | 14 | | resides. Each applicant shall also submit a reasonable fee as | 15 | | prescribed by rule, with such fee being deposited into the | 16 | | Coal Mining Regulatory Fund. The monies deposited into the | 17 | | Coal Mining Regulatory Fund under this Section shall not be | 18 | | subject to administrative charges or chargebacks unless | 19 | | otherwise authorized by this Act.
| 20 | | (Source: P.A. 97-1136, eff. 1-1-13.)
| 21 | | (225 ILCS 705/Art. 8 heading) | 22 | | ARTICLE 8. | 23 | | MINERS' EXAMINING BOARD AND MINERS' EXAMINATIONS.
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| 1 | | (225 ILCS 705/8.01) (from Ch. 96 1/2, par. 801)
| 2 | | Sec. 8.01.
No person shall be employed or engaged at the | 3 | | face of
the coal as a coal loader, loading machine operator, | 4 | | cutting machine
operator, driller or shooter, timberman or | 5 | | roof bolter in any coal mine in this State
without having first | 6 | | obtained a certificate of competency from the Mining Miners'
| 7 | | Examining Board,
and having completed a course of instruction | 8 | | in first aid to the injured
and mine rescue methods
and | 9 | | appliances prescribed by the Department,
except that any such | 10 | | certified miner may have one person
working with him and under | 11 | | his direction as an apprentice for the purpose
of learning the | 12 | | business of mining and becoming qualified to obtain a
| 13 | | certificate of competency.
| 14 | | No person who enters employment as an apprentice miner | 15 | | shall be
employed as an apprentice miner for a period longer | 16 | | than 12
months after becoming eligible to obtain a first class
| 17 | | certificate of competency, except in the event of illness or
| 18 | | injury, when time extensions may be permitted in a manner
| 19 | | established by the Mining Miners' Examining Board.
| 20 | | (Source: P.A. 85-1333.)
| 21 | | (225 ILCS 705/8.04) (from Ch. 96 1/2, par. 804)
| 22 | | Sec. 8.04.
Each Mining Board miners' examining officer | 23 | | shall receive as compensation for his
services the sum of | 24 | | $7,500 per year or such greater
sum as may be set by the | 25 | | Compensation Review Board.
He shall also receive his traveling
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| 1 | | and other necessary expenses actually expended in the | 2 | | discharge of his
official duties. Expenses Salary and expenses | 3 | | of such
officers shall be paid monthly. All expense accounts | 4 | | shall be itemized
and verified by the examining officer | 5 | | receiving the same, and shall be
approved by the Director.
| 6 | | (Source: P.A. 85-1333.)
| 7 | | (225 ILCS 705/8.05) (from Ch. 96 1/2, par. 805)
| 8 | | Sec. 8.05.
The Board shall organize
annually by selecting | 9 | | one of its members as president and another as secretary. All
| 10 | | records, reports, books, papers, and other property pertaining | 11 | | to the
office of the Mining Miners' Examining Board shall be | 12 | | kept by the secretary. The
secretary shall be provided with a | 13 | | seal with proper device, and on the
margin thereof shall be the | 14 | | words, " Mining Miners' Examining Board, State of
Illinois."
| 15 | | (Source: P.A. 85-1333.)
| 16 | | (225 ILCS 705/8.06) (from Ch. 96 1/2, par. 806)
| 17 | | Sec. 8.06.
The Mining Miners' Examining Board shall hold | 18 | | an examination once in
each calendar month, and at such other | 19 | | times and at such places as the
Director may designate. The | 20 | | Director shall endeavor to schedule
examinations at places | 21 | | located most conveniently with
reference to the districts in | 22 | | which coal is mined in the State of Illinois
so that all | 23 | | persons in such district or in this State, or who may wish to
| 24 | | come into this State for the purpose of engaging in mining may |
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| 1 | | be examined
as to their competency and qualifications. Public | 2 | | notice of the
examinations shall be given through the press or | 3 | | otherwise not less than
7 days in advance
of such meeting, | 4 | | which notice shall fix the time and place at which any
| 5 | | examination under this Act is to be held.
| 6 | | (Source: P.A. 85-1333.)
| 7 | | (225 ILCS 705/8.08) (from Ch. 96 1/2, par. 808)
| 8 | | Sec. 8.08. All examinations held by the Mining Miners' | 9 | | Examining Board shall be
conducted in the English language and | 10 | | shall be of a
practical nature so as
to determine the | 11 | | competency and qualification of the applicant to engage in
| 12 | | mining. The Mining Miners' Examining Board shall examine under | 13 | | oath all persons
who apply for certificates as to their | 14 | | previous experience as miners and
shall grant certificates of | 15 | | competency to such applicants
as are qualified, which | 16 | | certificates shall entitle the holder thereof to be
employed | 17 | | as and to do the work of miners in this State.
| 18 | | (Source: P.A. 85-1333.)
| 19 | | (225 ILCS 705/8.09) (from Ch. 96 1/2, par. 809)
| 20 | | Sec. 8.09.
A first class certificate of competency shall | 21 | | be issued to
any person under this Article who can produce | 22 | | satisfactory evidence to
the Mining Miners' Examining Board of | 23 | | having had not less than 1 year
experience as a worker on coal | 24 | | producing sections of a coal mine and
having had an |
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| 1 | | opportunity during that year of observing and helping to
| 2 | | perform all the work required in that section and also to learn | 3 | | the
fundamentals of roof control, testing of top, and testing | 4 | | for gas, which
could be accomplished by the cooperation of | 5 | | management and workers, and
that he has completed a course in | 6 | | first aid for the injured.
| 7 | | A first class certificate of competency shall also be | 8 | | issued to any
person under this Article who can produce | 9 | | satisfactory evidence to the Mining
Miners' Examining Board of | 10 | | having been employed as a worker or a trainee
in an underground | 11 | | coal mine for a period not less than 6 months and
having had an | 12 | | opportunity during that 6 months of observing and helping
to | 13 | | perform work required on a coal producing section and also to | 14 | | learn
the fundamentals of ventilation, roof control, testing | 15 | | of rib and roof,
and testing for gas, and that he has completed | 16 | | a course in first aid for
the injured, and possesses a two-year | 17 | | Associate in Applied Science
Degree in Coal Mining Technology | 18 | | or a degree in Engineering from an
approved school or college, | 19 | | or university.
| 20 | | (Source: P.A. 85-1333.)
| 21 | | (225 ILCS 705/8.11) (from Ch. 96 1/2, par. 811)
| 22 | | Sec. 8.11.
In no case shall an applicant for certificate | 23 | | of competency be
deemed competent unless he appears in person | 24 | | before the Mining Miners' Examining
Board and orally answers | 25 | | intelligently and correctly practical questions,
propounded to |
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| 1 | | him by said Board, pertaining to the requirements and
| 2 | | qualifications of a practical miner.
| 3 | | (Source: Laws 1955, p. 2012.)
| 4 | | (225 ILCS 705/8.12) (from Ch. 96 1/2, par. 812)
| 5 | | Sec. 8.12.
The Mining Miners' Examining Board shall make | 6 | | an accurate record of its
proceedings and meetings and in the | 7 | | record shall show a correct detailed
account of the | 8 | | examination of each applicant with questions asked and their
| 9 | | answers, and the record made shall be open for public | 10 | | inspection.
| 11 | | (Source: Laws 1957, p. 1558.)
| 12 | | (225 ILCS 705/8.13) (from Ch. 96 1/2, par. 813)
| 13 | | Sec. 8.13.
No miners' certificate granted under the | 14 | | provisions of this
Article is transferable and any effort to | 15 | | transfer the same is a violation
of this Act. Such | 16 | | certificates shall be issued only at meetings of the Mining
| 17 | | Miners' Examining Board and shall not be valid unless signed | 18 | | by at least
two members of the Mining Miners' Examining Board | 19 | | and sealed with the seal of such
Board.
| 20 | | (Source: Laws 1953, p. 701.)
| 21 | | (225 ILCS 705/8.14) (from Ch. 96 1/2, par. 814)
| 22 | | Sec. 8.14.
The Mining Miners' Examining Board shall | 23 | | annually on the first day of
March, report to the Director, in |
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| 1 | | writing, what examinations it has held
and what work it has | 2 | | done during the preceding year, together with such
| 3 | | recommendations as it may deem advisable for the improvement | 4 | | of the method
of holding examinations and carrying out the | 5 | | purposes of this Article.
| 6 | | (Source: Laws 1953, p. 701.)
| 7 | | (225 ILCS 705/8.16) (from Ch. 96 1/2, par. 816)
| 8 | | Sec. 8.16.
The Mining Miners' Examining Board shall report | 9 | | all complaints or
charges of noncompliance with, or violation | 10 | | of the provisions of this
Article to the State's Attorney of | 11 | | the county in which such non-compliance
or violation occurs, | 12 | | and the State's Attorney of the county wherein the
complaints | 13 | | or charges are made shall investigate the same and prosecute | 14 | | all
persons so offending.
| 15 | | (Source: Laws 1953, p. 701.)
| 16 | | (225 ILCS 705/8.17) (from Ch. 96 1/2, par. 817)
| 17 | | Sec. 8.17.
In order to more effectively carry out the | 18 | | intention and purposes
of this Article, the Mining Miners' | 19 | | Examining Board shall have power to administer
oaths to any | 20 | | and all persons who are applicants or may vouch in any manner
| 21 | | for the service or qualification of any applicant in order to | 22 | | obtain for
him a certificate hereunder, and any person who | 23 | | shall wilfully and falsely
swear or testify as to any matter | 24 | | material to such examination or as to the
service or |
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| 1 | | qualification of any applicant shall be deemed guilty of | 2 | | perjury
and shall be subject to the penalties thereof as | 3 | | prescribed by the criminal
code of this State.
| 4 | | (Source: Laws 1953, p. 701.)
| 5 | | (225 ILCS 705/8.18) (from Ch. 96 1/2, par. 818)
| 6 | | Sec. 8.18.
The Governor shall have the power and authority | 7 | | to remove any Mining Board
miners' examining officer for | 8 | | neglect of duty, incompetency, or malfeasance
in office, and | 9 | | upon such removal shall appoint a successor.
| 10 | | (Source: P.A. 85-1333.)
| 11 | | (225 ILCS 705/8.19) (from Ch. 96 1/2, par. 819)
| 12 | | Sec. 8.19.
It shall be unlawful for any member of the | 13 | | Mining Miners' Examining Board to issue
any certificate of | 14 | | competency pursuant to this Section when he knows or
has | 15 | | reason to know that
the applicant fails to meet any of the | 16 | | requirements for the certificate.
| 17 | | (Source: P.A. 79-460.)
| 18 | | (225 ILCS 705/8.02 rep.) | 19 | | (225 ILCS 705/8.03 rep.) | 20 | | Section 10. The Coal Mining Act is amended by repealing | 21 | | Sections 8.02 and 8.03. | 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.
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