Oklahoma § 45-1.5 - Rules and regulations

§ 45-1.5. Rules and regulations

The Board shall adopt within one hundred and eighty (180) days

of the effective date of this act, rules and regulations governing

ventilation, underground haulage, hoisting operations, explosives,

and such other regulations it may deem necessary to protect the

health and safety of persons employed in the mines of this state.

Added by Laws 1982, c. 296, § 6.

Oklahoma Statutes - Title 45. Mines and Mining

§45-1a. Powers and duties of Commission.

A. The Oklahoma Mining Commission shall be the policydetermining agency for the Department of Mines and shall determine

the broad plans and programs for the accomplishment of duties and

responsibilities vested by law in said Commission, the Chief Mine

Inspector and the Department of Mines, and may in the absence of an

appointed Chief Mine Inspector, fix the duties and responsibilities

of personnel employed by the Department including, in the absence of

an appointed Chief Mine Inspector, the Director of the Department of

Mines. It shall have the authority to delegate to its chairman, to

one or more agents or employees, such powers and duties as it may

deem proper. Each member of the Commission shall be reimbursed for

actual and necessary travel expenses necessarily incurred in the

discharge of official duties as provided in the State Travel

Reimbursement Act.

B. In addition to other powers and duties specified by law, the

Oklahoma Mining Commission shall have the power and duty to:

1. acquire by gift, devise, purchase or otherwise, absolutely

or in trust, and to hold and, unless otherwise restricted by the

terms of the gift or devise, any real property or real estate or

other interest therein as may be necessary in carrying into effect

the purpose of this act.

2. enter into contracts and to execute all instruments

necessary to fulfill its duties, respecting the protection,

preservation, maintenance and operation of such buildings and sites

as it may select.

Added by Laws 1985, c. 239, § 2, eff. Jan. 1, 1986. Amended by Laws

1990, c. 266, § 74, operative July 1, 1990.

§45-1b. Chief Mine Inspector - Director.

The chief executive officer of the Department of Mines shall be

the Chief Mine Inspector. In the absence of an appointed Chief Mine

Inspector the chief executive officer shall be the Director who

shall be appointed by the Oklahoma Mining Commission and who shall

serve at the pleasure of said Commission and fix his or her duties

and compensation. The Director shall be chosen with regard to his

or her knowledge, training, experience and ability in administering

the functions of the Department. No person shall be appointed

Director who has not been a resident and a qualified elector of this

state for a period of at least three (3) years preceding

appointment.

Added by Laws 1985, c. 239, § 3, eff. Jan. 1, 1986.

§45-1c. Powers and duties of Director.

Subject to the policies, rules and regulations of the Oklahoma

Mining Commission, the Director shall:

Oklahoma Statutes - Title 45. Mines and Mining

1. Be responsible for organizing the Department of Mines in a

manner efficiently to achieve the objectives of the Commission;

2. Prepare and submit plans for administering the programs of

the Commission;

3. Prepare a personnel schedule, employ personnel, define

duties, appoint technicians and consultants, and fix salaries or

compensation, upon approval by the Commission; and

4. Administer all policies formulated and adopted by the

Commission.

Added by Laws 1985, c. 239, § 4, eff. Jan. 1, 1986.

§45-1d. Additional powers and duties of Director.

A. The Director of the Department of Mines with the approval of

the Commission shall have and is authorized to exercise the

following duties:

1. To appoint a miner certification advisory council or other

such advisory council as may be required to accomplish government

functions; and

2. To provide assistance, advice and counsel to the Commission

when requested.

B. Any advisory councils shall meet at such times and places as

the members may deem most convenient for the transaction of

business. A majority of such councils shall constitute a quorum.

Each member of such councils shall be reimbursed for actual and

necessary expenses incurred in the discharge of official duties with

approval of the Director and the Commission as provided in the State

Travel Reimbursement Act.

Added by Laws 1985, c. 239, § 5, eff. Jan. 1, 1986. Amended by Laws

1986, c. 308, § 5, operative July 1, 1986; Laws 1998, c. 364, § 12,

emerg. eff. June 8, 1998.

§45-1e. Oklahoma Miner Training Institute - Establishment - Faculty

and services - Director - Advisor.

A. There is hereby established the Oklahoma Miner Training

Institute. The Oklahoma Miner Training Institute shall administer

miner safety training programs and economic development programs to

assist the mining industry in this state.

B. The Oklahoma Mining Commission shall contract with the Board

of Regents of Eastern Oklahoma State College in Wilburton for

facilities, faculty and services necessary for the operation of the

Institute including, but not limited to, the services of a Director

of the Institute and for the development of appropriate curriculum

and other services to be offered by the Institute. The Regents of

Eastern Oklahoma State College shall appoint a Director for the

Oklahoma Miner Training Institute.

C. The Director of the Oklahoma Miner Training Institute shall

have knowledge, training, experience and ability consistent with the

Oklahoma Statutes - Title 45. Mines and Mining

functions of the Oklahoma Miner Training Institute. Further, the

Director shall have been a resident and a qualified elector of this

state for a period of at least three (3) years prior to his

selection as Director.

D. The Oklahoma Mining Commission shall act in an advisory

capacity concerning the operations of the Oklahoma Miner Training

Institute.

Added by Laws 1986, c. 308, § 9, operative July 1, 1986. Amended by

Laws 1988, c. 235, § 3, operative Oct. 1, 1988.

§45-1f. Oklahoma Miner Training Institute - Duties.

The Oklahoma Miner Training Institute shall:

1. Conduct miner safety training programs consistent with the

needs of the mining industry within this state and the training

requirements of the Oklahoma Mining Commission;

2. Assist and cooperate with the Oklahoma Mining Commission by

conducting examinations of students of the Oklahoma Miner Training

Institute applying for certificates of competency issued by the

Oklahoma Mining Commission; and

3. Assist the Oklahoma Mining Commission in developing ways to

expand existing markets and create new markets for coal and noncoal

mining operations and to further the economic development of the

mining industry.

Added by Laws 1986, c. 308, § 10, operative July 1, 1986. Amended by

Laws 1988, c. 235, § 4, operative Oct. 1, 1988.

§45-1g. Department of Environmental Quality - Regulation of certain

mining activities.

Any point source discharge, the disposal of any hazardous waste,

as regulated by the Oklahoma Hazardous Waste Management Act, or

solid waste, sewage or other wastewater, and any air emission

subject to the Oklahoma Clean Air Act, from any mine or mining

activity shall be regulated by the Department of Environmental

Quality.

Added by Laws 1993, c. 145, § 271, eff. July 1, 1993.