(1) There is hereby created a coal mine board of examiners, which shall have the following duties: (a) To establish criteria, including education and training, past and current work experience, and annual electrical retraining requirements, and to examine all applicants for positions in coal mines for which certification is required by federal law; (b) To issue certificates of competency to those applicants who qualify therefor; (c) To take disciplinary action against the holder of a certificate of competency for violation of any provision of this article, where such discipline is deemed proper based upon sufficient investigation and in accordance with this article. Disciplinary action may include, without limitation: (I) Denying the issuance or renewal of, suspending for a specified period, or revoking a certificate; (II) Issuing a letter of admonition to, or placing on probation, the holder of a certificate; or (III) Imposing other conditions or limitations upon a certificate or the holder thereof. (d) To provide assistance to the division in developing curricula for coal miner training programs; (e) To establish criteria for granting state certification of belt examiners, cable splicers, lamp and gas attendants, and shot-firers; (f) To issue cease-and-desist orders. (1.5) When a complaint or investigation discloses an instance of conduct that does not warrant formal action by the board and, in the opinion of the board, the complaint should be dismissed, but the board has noticed indications of possible errant conduct by the holder of a certificate of competency that could lead to serious consequences if not corrected, a confidential letter of concern may be issued and sent to the holder of a certificate of competency. (2) The board is composed of four voting members and one nonvoting ex officio member as follows: (a) One member shall be a coal miner of known experience and practice in underground coal mining residing in the state of Colorado and actively engaged in the coal mining industry during the term of his office; (b) One member shall be a Colorado coal mine owner, operator, manager, or other mine official actively engaged in the surface coal mining industry during the term of his office; (c) One member shall be a Colorado mine owner, operator, manager, or other mine official actively engaged in the underground coal mining industry during the term of his office; (d) One member shall be an engineer experienced in coal mining; and (e) The commissioner, as described in section 34-21-102, or the commissioner's designee, serves as a nonvoting, ex officio member of the board. (3) The members of the board shall be appointed by the governor with the consent of the senate. The term of office for each member of the board shall be four years. Any vacancies on the board shall be filled by the governor by appointment for the remainder of an unexpired term. The governor may remove any board member for misconduct, incompetence, or neglect of duty. (4) Members of the board who are serving their terms of office on July 1, 1988, shall complete their terms prior to the implementation of the provisions of this section. (5) The coal mine board of examiners is a type 2 entity, as defined in section 24-1-105.
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