N.M. Admin. Code § 19.6.4.11

Current through Register Vol. 35, No. 23, December 10, 2024

Section 19.6.4.11 - CERTIFICATION PERIOD AND RECERTIFICATION PROCESS

A. Certification of officials shall be issued for a period of five years. All officials certified by the state mine inspector prior to June 15, 2007 shall have their certification period extended five years. Each official is required to have retraining as a qualified/certified person on an annual basis from the mine in which they are employed as required in 30 CFR 75.160, 30 CFR 75.161 and 30 CFR 77.107 and 30 CFR 77.107-1. Failure to have re-training as a qualified/certified person on an annual basis may result in suspension of certification. Should a certified official fail to meet the annual training requirement for any reason; or should a certified official be absent from mine employment in New Mexico for a period of one year or more and upon resumption of mine employment in New Mexico; the certified official may appeal to the state mine inspector for reinstatement of active certification. The state mine inspector may require testing, remedial training, interviews, evidence of applicable training, or other criteria to assure competency before re-activating said certification.

B. Each official has the responsibility to notify the state mine inspector of any change in address or change in mine employment within 30 days of such change. Failure to provide current contact information may result in suspension of certification.

C. Certified persons may apply for recertification within 12 months prior to the end of the certification period. Every certification shall automatically expire on the last day of the certification period if the official has not recertified prior to that date. The state mine inspector may extend the certification period for an official for no more than six months to facilitate the recertification process. Recertification will require the applicant to submit an application and appropriate documentation as required by the state mine inspector.

D. Recertification may be done by taking an exam every five years, prior to certification expiration, or an organization may submit an alternative plan for the inspector's approval as follows:

(1) officials taking an exam every five years will follow the same process required for original certification; or

(2) an organization may submit an alternative plan, for the state mine inspector's approval; the alternative plan may be carried out over the five year period; the alternative plan shall include the subjects to be covered, the minimum amount of time per subject, the methods of instruction, and the methods of participant evaluation during process completion; following completion, the applicant shall provide the state mine inspector with verification that all training for the recertification period is current; and

(3) applicants shall submit an application, pay the applicable fee, and provide all appropriate documentation as required by the state mine inspector, before receiving recertification.

E. Underground coalmine examiners may fulfill the recertification by successfully completing the examination for underground coal mine foreman certification or recertification.

N.M. Admin. Code § 19.6.4.11

19.6.4.11 NMAC - N, 09/30/08; A, 10/01/10, Amended by New Mexico Register, Volume XXIX, Issue 19, October 16, 2018, eff. 10/16/2018, Adopted by New Mexico Register, Volume XXXIII, Issue 09, May 3, 2022, eff. 5/3/2022