Full text of Utah Utah Code § 40-2-401 — Necessity of certificate., with citation guidance and answers to common questions.
§ 40-2-401. Necessity of certificate.
40-2-401.
Necessity of certificate.
(1)
A person may not work in an occupation referred to in Section 40-2-402 unless granted a certificate by the commission.
(2)
(a)
(i)
The commission may grant a temporary coal mine foreman certificate or a temporary coal mine surface foreman certificate to an applicant who is:
(A)
recommended by a coal mine; and
(B)
interviewed and found competent by two panel members.
(ii)
A certificate granted under Subsection (2)(a)(i) remains in effect until:
(A)
the next scheduled certification test;
(B)
the person is retested; or
(C)
the commission terminates the certificate.
(b)
(i)
The commission may grant a surface foreman certificate to a current holder of an underground mine foreman certificate, if the applicant has three years of varied surface mining experience.
(ii)
A surface foreman certificate applicant may receive credit for surface experience in any other industry that has substantially equivalent surface facilities, if the applicant has performed or is presently performing the duties normally required of a surface foreman.
(3)
(a)
The commission shall collect a fee described in Subsection (3)(b) for each temporary certificate.
(b)
The commission shall establish the fee by following Section 63J-1-504.
(4)
(a)
An owner, operator, contractor, lessee, or agent may not employ a worker in any occupation referred to in Section 40-2-402 who is uncertified.
(b)
The certificate shall be on file and available for inspection to interested persons in the office of the coal mine.
(5)
The commission shall grant a certificate to an applicant referred to in Section 40-2-402 who:
(a)
passes the certification test administered by the panel; and
(b)
meets the qualifications specified in Section 40-2-402.
(6)
(a)
The commission may grant a certificate to an applicant involved in gilsonite or other hydrocarbon mining as provided by rule.
(b)
The commission shall enact rules governing the certification procedure, test, and qualifications for applicants involved in gilsonite or other hydrocarbon mining.
(7)
The commission may by rule require certification and recertification of other coal mine occupations, including the certification of a new coal miner.
Section 40-2-401 ("Necessity of certificate.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 40-2-401?
A common citation format is "Utah Code § 40-2-401" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 40-2-401 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
