New Mexico § 69-14-4 - Certification period; recertification; discipline; appeal

§ 69-14-4. Certification period; recertification; discipline; appeal

A. Certification for mine personnel shall be issued for a period of five years. All mine personnel certified by the state mine inspector prior to June 15, 2007

shall have their certification period extended five years. Each certified person has the responsibility to notify the state mine inspector

of any change in address or change in mine employment within thirty days of the change. Failure to provide current information may result in suspension of certification. B. Certified persons may apply for recertification within twelve months prior to the

end of the certification period. Every certification shall automatically expire on the last day of the certification

period if the official has not recertified prior to that date. Recertification will require the applicant to submit an application and appropriate

documentation as required by the state mine inspector. The mining safety board shall adopt rules for requirements for recertification. C. The state mine inspector may refuse to certify or recertify or may suspend or revoke

any certification held or applied for under Chapter 69 NMSA 1978 upon grounds that the applicant or certified person: (1) gave false or forged evidence to the state mine inspector to obtain certification; (2) is grossly negligent or incompetent in duties as a certified person; (3) has failed to maintain certification; (4) has violated or aided or abetted any person in a violation of the Federal Mine

Safety and Health Act of 1977 or the state mine safety laws; or (5) has been disciplined in another state that certifies mine personnel. D. If the state mine inspector contemplates taking any of the actions in Subsection

C of this section for any of the reasons provided in that subsection, the state mine

inspector shall provide written notice to the applicant or certified person. The notice shall include a statement that the state mine inspector has sufficient

evidence that, if not rebutted or explained, will justify the state mine inspector

in taking the contemplated action, that indicates the general nature of the evidence

and that provides the applicant or person at least twenty days to submit written evidence

to rebut or explain the allegations. E. If, after the response period ends, the state mine inspector takes any action of

a type specified in Subsection C of this section, the state mine inspector shall serve

upon the applicant or certified person a written notice of the action containing a

statement that the applicant or certified person may file a petition for review with

the mining safety board pursuant to the Mining Safety Act.