Ohio § 1561.35

§ 1561.35.

If the deputy mine inspector finds that any matter, thing, or practice connected with

any mine and not prohibited specifically by law is dangerous or hazardous, or that

from a rigid enforcement of this chapter and Chapters 1563., 1565., and 1567. and

applicable provisions of Chapter 1509. of the Revised Code, the matter, thing, or

practice would become dangerous and hazardous so as to tend to the bodily injury of

any person, the deputy mine inspector forthwith shall give notice in writing to the

owner, lessee, or agent of the mine of the particulars in which the deputy mine inspector

considers the mine or any matter, thing, or practice connected therewith is dangerous

or hazardous and recommend changes that the conditions require, and forthwith shall

mail a copy of the report and the deputy mine inspector's recommendations to the chief

of the division of mineral resources management.  Upon receipt of the report and recommendations, the chief forthwith shall make a

finding thereon and mail a copy to the owner, operator, lessee, or agent of the mine,

and to the deputy mine inspector;  a copy of the finding of the chief shall be posted

upon the bulletin board of the mine.  Where the miners have a mine safety committee, one additional copy shall be posted

on the bulletin board for the use and possession of the committee. The owner, operator, lessee, or agent of the mine, or the authorized representative

of the workers of the mine, within ten days may appeal to the reclamation commission

for a review and redetermination of the finding of the chief in the matter in accordance

with section 1513.13 of the Revised Code , notwithstanding division (A)(1) of that section, which provides for appeals within

thirty days.  A copy of the decision of the commission shall be mailed as required by this section

for the mailing of the finding by the chief on the deputy mine inspector's report.