Administrative Rule Review Report  #AR08-060

Legislative Service Office

24-July-08

AGENCY: Department of Employment, Mine Inspection & Safety.

DATE SUBMITTED: July 24, 2008.

SUBJECT: Chapter 7, Contractor Certified Person.

NATURE OF RULES:                     Legislative, Procedural

STATUTORY AUTHORITY:         W.S. 30-2-205

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION

SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.

SUMMARY OF RULES:  This new chapter establishes a certification examination for contractor employees who work at surface coal mines and are required to be certified by the State of Wyoming to perform workplace examinations.  The rule sets out who is required to have a certification, what training requirements are necessary and what is required for the certification examination and the examination process.

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

Compliance with federal law has not been determined as it is assumed the Attorney General has provided such review.

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

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Maxine R. Weaver

Staff Attorney

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Dan J. Pauli

Director

MRW/