RELATES TO:
KRS 350.430,
351.380
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 requires
the cabinet to promulgate administrative regulations to implement the Surface
Mining Control and Reclamation Act of 1977 ( Pub.L. 95-87). Pub.L. 95-87,
along with federal regulations promulgated pursuant thereto, requires the
establishment of a blaster training, examination, and certification program.
This administrative regulation establishes a certification program for blasters
who are responsible for surface blasting operations incident to surface coal
mining and reclamation operations and coal exploration operations. The
administrative regulation contains requirements for the training, examination,
and certification of blasters; requirements to which blasters must adhere in
order to maintain their certifications; provisions whereby certified blasters
may seek renewal of their certifications; and requirements for suspension,
revocation, and reinstatement of certifications.
Section 1. Blasting Operations to be
Conducted Under the Direction of a Certified
Blaster.
(1) As used in this administrative
regulation, the following terms shall have the indicated meanings:
(a) "Blaster" means a person who is directly
responsible for surface blasting operations in surface coal mining and
reclamation operations or coal exploration operations.
(b) "Surface blasting operations" means the
on-site storage, transportation, and use of explosives in association with coal
exploration operations, surface mining activities, and surface disturbances of
underground mining activities. The term shall be interpreted broadly and shall
encompass activities including, but not limited to, the design of individual
blasts, the implementation of blast designs, the initiation of blasts, the
monitoring of airblast and ground vibration, and the use of protective measures
such as access control and warning and all-clear signals.
(2) Each
permittee and each person conducting
coal exploration operations shall have all
surface blasting operations incident
to surface
coal mining and reclamation operations and
coal exploration
operations conducted under the direction of a
blaster certified in accordance
with this administrative regulation. Notwithstanding the exemption in
405 KAR 7:030,
Section 1, this section shall also apply to permittees of operations with an
affected area of two (2) acres or less.
Section 2. Requirements for Certification.
(1) A person desiring to become certified
under this administrative regulation shall file an application upon a form
furnished by the cabinet. This application shall identify the applicant's name,
address, telephone number, and place of employment; shall contain the
information required by subsections (2) through (7) of this section; and shall
contain such additional information as the cabinet deems necessary for the
purposes of this administrative regulation. The application shall be submitted
to the central office of the department's Division of Field Services, located
in Frankfort, Kentucky, accompanied by a fee of twenty-five (25)
dollars.
(2) The applicant shall
demonstrate that he or she has received training in the technical aspects of
blasting operations and Kentucky and federal laws and regulations governing the
storage, transportation, and use of explosives by completing a training course
approved by the cabinet. This course shall provide training and discuss
practical applications of the topics listed in subsection (5) of this
section.
(3) The applicant shall
demonstrate that he or she holds a valid Kentucky Blaster's License issued by
the Kentucky Office of Mine Safety and Licensing.
(4) The application shall include at least
two (2) letters of reference on forms provided by the cabinet. Each of these
letters shall be from a person who has employed the applicant in blasting
operations, from the applicant's supervisor while employed in blasting
operations, or from a licensed blaster who has worked with the applicant in
blasting operations. The letters shall indicate that the applicant has
exhibited a pattern of conduct consistent with the acceptance of responsibility
for blasting operations.
(5) The
applicant shall pass a written examination on the technical aspects of blasting
and Kentucky and federal laws and regulations governing the storage, use, and
transportation of explosives. The examination shall cover, at a minimum, the
following topics:
(a) Explosives, including:
1. Selection of the type of explosive to be
used;
2. Determination of the
properties of explosives which will produce desired results at an acceptable
level of risk; and
3. Handling,
transportation, and storage of explosives.
(b) Blast designs, including:
1. Geologic and topographic
considerations;
2. Design of a
blast hole, with critical dimensions;
3. Pattern design, field layout, and timing
of blast holes; and
4. Field
applications.
(c)
Loading blast holes, including priming and boostering.
(d) Initiation systems and blasting
machines.
(e) Blasting vibrations,
airblast, and flyrock, including:
1.
Monitoring techniques; and
2.
Methods to control adverse effects.
(f) Secondary blasting
applications.
(g) Current federal
and Kentucky rules applicable to the storage, transportation, and use of
explosives.
(h) Blast
records.
(i) Schedules.
(j) Preblasting surveys, including:
1. Availability;
2. Coverage; and
3. Use of in-blast design.
(k) Blast-plan
requirements.
(l) Certification and
training.
(m) Signs, warning
signals, and site control.
(n)
Unpredictable hazards, including:
1.
Lightning;
2. Stray
currents;
3. Radio waves;
and
4.
Misfires.
(6)
Any person who fails the examination discussed in subsection (5) of this
section may retake it after thirty (30) days; provided however, any person
failing the examination twice may not retake it until after completing an
approved training course and filing a new application.
(7)
(a)
Upon receipt of an
application for certification, the cabinet shall review the
application and promptly notify the
applicant, in writing, as to the
application's completeness.
1. If the
application is incomplete, the notification shall specify the application's
deficiencies. The applicant may then submit, or cause to be submitted,
documentation of test results, verification of training, letters of reference,
or any other information necessary to correct the cited deficiencies. The
applicant shall have three (3) months, beginning on the date on which the
notification of incompleteness is mailed or otherwise delivered to the
applicant, during which the deficiencies may be corrected. If the deficiencies
are not corrected during this three (3) month period, the application file
shall be closed and, at the cabinet's discretion, discarded. Once the
application file has been closed, the certification shall not be issued unless
and until a new application is submitted pursuant to subsection (1) of this
section and compliance is demonstrated with all applicable requirements of this
administrative regulation.
2. If
the application is complete, the notification shall either be accompanied by
the issued certificate or it shall state that the cabinet is verifying
information pursuant to paragraph (b) of this subsection. After any such
verification is performed and the cabinet is satisfied that all applicable
requirements of this administrative regulation have been met, the cabinet shall
promptly issue the certification.
(b)
1. The
cabinet may, at its discretion, verify any of the information contained in the
application. If, as a result of any such verification effort, the cabinet
determines that the applicant has knowingly caused falsified or misrepresented
information to be submitted in the application, the cabinet shall deny
certification and the applicant shall be ineligible to reapply for
certification for at least one (1) year period.
2. After the period of ineligibility defined
pursuant to subparagraph 1 of this paragraph, certification may only be granted
if a new application is submitted pursuant to subsection (1) of this section.
All of the information contained in the application shall be provided anew:
this shall include new letters of reference pursuant to subsection (4) of this
section; documentation that the applicant has been retrained pursuant to
subsection (2) of this section and retested pursuant to subsection (5) of this
section; and a demonstration, pursuant to subsection (3) of this section, that
the applicant holds a valid blaster's license issued by the Office of Mine
Safety and Licensing.
(8)
(a) The
cabinet shall issue a blaster certification to any applicant who meets the
requirements of subsections (1) through (7) of this section, except the cabinet
shall deny certification if the applicant cannot reasonably be expected to
conduct himself or herself in a manner consistent with the acceptance of
responsibility for blasting operations. The cabinet shall make determinations
regarding issuance or denial of the certification based upon the blaster's
actions during any prior term of certification, the information contained in
the application, and any other pertinent information that is available to the
cabinet.
(b) The certification
shall be issued for a term of three (3) years.
(9) Any person aggrieved by a determination
under this section may request a formal hearing in accordance with
400
KAR 1:110, Section 9.
Section 3. Renewal of Certification. Subject
to the provisions of this section, certified blasters shall have the right to
successive renewal of their certifications.
(1)
(a)
Applications for certification renewal shall be submitted on forms provided by
the cabinet. Each such application shall identify the applicant's name,
address, telephone number, and place of employment; shall contain the
information required by subsection (3) of this section; and shall contain such
additional information as the cabinet deems necessary for the purposes of this
administrative regulation. The application shall be submitted to the central
office of the department's Division of Field Services, located in Frankfort,
Kentucky, and shall be accompanied by a renewal fee of ten (10) dollars, plus
any reexamination fee required pursuant to subsection (3) of this section. The
renewal application shall not be submitted more than ninety (90) days prior to
certification expiration.
(b)
1. The cabinet shall neither accept nor
process the renewal application of a blaster who does not hold a valid Kentucky
blaster's license, whose certification is revoked, whose certification is
suspended pursuant to Section 4(2)(b) of this administrative regulation, or
whose certification is revoked pursuant to an order rendered under Section
4(4)(b)3 or (5) of this administrative regulation. If a blaster's certification
is suspended pursuant to an order rendered under Section 4(4)(b)3 or (5) of
this administrative regulation, a renewal application will be accepted and
processed only in accordance with Section 9(2)(a)2 and only if the term and
conditions of the suspension have been met.
2. If an application for renewal is submitted
and, prior to renewal, the certification is suspended, revoked, or otherwise
invalidated, the renewal application shall be rendered null and void and shall
be returned to the applicant.
(2)
(a)
1. If the blaster seeking renewal desires for
his or her certification not to lapse, the renewal application must be
submitted sixty (60) or more days prior to the expiration date identified on
the blaster's certificate. For applications which are so submitted, the cabinet
shall renew the certification, deny the renewal request, or withdraw the
renewal request for submission of additional information pursuant to subsection
(1)(a) of this section, prior to the date of the certification's expiration. A
blaster who submits a renewal application pursuant to this subparagraph shall
be eligible for an extension of his or her certification pursuant to
subparagraph 2 of this paragraph, should such an extension be necessary and
justified as provided for in that subparagraph.
2. If the
blaster has submitted a renewal
application sixty (60) or more days prior to the expiration date identified on
the
blaster's certificate, and if the cabinet has not taken final action on the
application by the certificate's expiration date, the cabinet may postpone
expiration of certification, in order to lessen the likelihood of a lapse in
certification during the interim period between the expiration date identified
on the certificate and issuance of the renewed certification. Such postponement
shall be granted by written letter signed by the director of the
department's
Division of Field Services and shall delay certification expiration for a
period of sixty (60) days. A postponement pursuant to this subparagraph may
only be granted once per renewal
application and may only be granted if:
a. Through no fault of the certified blaster,
the cabinet has not taken final action on the renewal request as of the
expiration date identified on the blaster's certificate; and
b. The blaster is making a good faith effort
to obtain renewal.
(b) If the blaster desiring renewal fails to
submit his or her renewal application sixty (60) or more days prior to the
expiration date identified on the certificate, the certification may only be
renewed if the renewal application, complete with all information necessary for
the cabinet to grant the renewal, is submitted prior to certification
expiration or within ninety (90) days following certification expiration.
However, if the application is so submitted, the certification shall be
considered to have lapsed during any interim period between expiration of the
certificate and issuance of the renewed certificate. Blasters who apply for
renewal pursuant to this paragraph shall not be eligible for postponement of
certification expiration pursuant to paragraph (a)2 of this
subsection.
(c) If the blaster
fails to comply with the requirements of paragraph (a) or (b) of this
subsection, he or she may be recertified only by reapplying for certification
under Section 2 of this administrative regulation. All of the information
contained in an application for recertification shall be provided anew: this
shall include new letters of reference pursuant to Section 2(4) of this
administrative regulation; documentation that the applicant has been retrained
pursuant to Section 2(2) of this administrative regulation and retested
pursuant to Section 2(5) of this administrative regulation; and a
demonstration, pursuant to Section 2(3) of this administrative regulation, that
the applicant holds a valid blaster's license issued by the Office of Mine
Safety and Licensing. The blaster's certification shall be considered to have
lapsed during the interim period between expiration of the certificate and
issuance of the following certificate. Blasters who apply for recertification
pursuant to this paragraph shall not be eligible for postponement of
certification expiration pursuant to paragraph (a)2 of this
subsection.
(3)
(a) The
applicant for certification renewal
shall:
1. Demonstrate that he or she has
worked in blasting operations associated with surface coal mining and
reclamation operations and/or coal exploration operations, in a manner that
demonstrates the blaster's competency, during at least one and one-half (1 1/2)
years of the three (3) years prior to the expiration date identified on the
certificate; or
2. Demonstrate that
he or she has:
a. Worked, in a manner that
demonstrates the blaster's competency, during at least one and one-half (1 1/2)
years of the three (3) years prior to the expiration date identified on the
certificate in blasting operations associated with road construction, noncoal
mining, or other activities that involve blasting techniques similar to those
associated with surface coal mining and reclamation operations and/or coal
exploration operations;
b. Retaken
and passed a written examination on the cabinet's laws and administrative
regulations pertaining to the use of explosives; and
c. Submitted a reexamination fee of fifteen
(15) dollars; or
3.
Retake and pass the written examination specified in Section 2(5) of this
administrative regulation and submit a reexamination fee of fifteen (15)
dollars; provided, however, consecutive renewals pursuant to this subparagraph
shall not be granted without the applicant for renewal being retrained pursuant
to Section 2(2) of this administrative regulation.
(b) In addition to submitting the
documentation required pursuant to paragraph (a) of this subsection, each
applicant for renewal shall demonstrate that he or she holds a valid Kentucky
Blaster's License issued by the Office of Mine Safety and Licensing.
(4) The provisions of Section
2(7)(b) of this administrative regulation shall apply to applicants for renewal
pursuant to this section.
(5)
(a) The cabinet shall renew the certification
of any blaster who meets the requirements of subsections (1) through (4) of
this section, except the cabinet shall deny renewal if the blaster cannot
reasonably be expected to conduct himself or herself in a manner consistent
with the acceptance of responsibility for blasting operations. The cabinet
shall make determinations regarding issuance or denial of the renewal based
upon the applicant's actions during the most recent term of certification, the
information contained in the renewal application, and any other pertinent
information.
(b) The term of a
renewed certification shall be three (3) years.
(6) A blaster's certification shall expire on
the expiration date identified on his or her most recent certificate, unless
expiration of certification has been postponed pursuant to subsection (2)(a)2
of this section.
(7) Any person
aggrieved by a determination under this section may request a formal hearing in
accordance with
400
KAR 1:110, Section 9.
Section 4. Suspension and Revocation.
(1) For the purposes of this section, a
blaster shall be considered to be in violation if he or she:
(a) Fails to comply with any order of the
cabinet;
(b) Handles or uses
explosives while under the influence of alcohol, narcotics, or other dangerous
drugs, or uses same in the workplace;
(c) Violates any provision of federal
explosives laws or regulations or Kentucky's explosives laws or administrative
regulations;
(d) Provides false
information or a misrepresentation to obtain certification; or
(e) Fails to comply with the conditions of
certification specified in Section 6 of this administrative
regulation.
(2)
(a)
1.
Unless the cabinet immediately suspends certification pursuant to paragraph (b)
of this subsection, the cabinet shall evaluate the following when the cabinet
determines that a
blaster is or has been in violation:
a. Whether well-founded blasting procedures
and reasonable precautions were used in endeavoring to prevent the
violation;
b. The seriousness of
the violation;
c. The history of
the blaster's performance;
d. The
existence of any information suggesting that the blaster willfully committed or
caused the violation; and
e. Any
other pertinent information.
2. Subsequent to conducting the evaluation
required by subparagraph 1 of this paragraph, and based upon and commensurate
with the results of that evaluation, the cabinet shall issue a written notice
to the blaster if the cabinet has reason to believe that he or she willfully
committed or caused the violation, or if the cabinet otherwise determines that
suspension or revocation of certification is warranted. The written notice
shall advise the blaster of the provision(s) of which he or she was in
violation and shall advise him or her that the cabinet intends to seek
suspension or revocation of the certification.
(b) When the cabinet determines that a
blaster is or has been in violation, the cabinet shall issue an order
immediately suspending the blaster's certification if further blasting
operations conducted by or under the direction of the blaster may reasonably be
expected to constitute an imminent danger to the health and safety of the
public or cause significant, imminent environmental harm.
(c)
1.
Regardless of whether the cabinet pursues recourse against the blaster pursuant
to paragraph (a) or (b) of this subsection, if the cabinet determines that a
blaster is or has been in violation, the cabinet shall retain a description of
the violation, a description of the procedures used in evaluating the
violation, the conclusion which was reached as a result of the evaluation, and
any supporting information which was used in reaching the conclusion. This
documentation shall be used in compiling a history of the blaster's performance
for use pursuant to paragraph (a) of this subsection and Sections 2(8) and 3(5)
of this administrative regulation.
2. When a violation is placed on a
blaster's
record pursuant to subparagraph 1 of this paragraph, the cabinet shall issue a
written statement to the
blaster advising him or her of the documented
violation. The
blaster shall be allowed to challenge the fact of the violation,
or his or her responsibility for same, in accordance with the provisions of
400
KAR 1:110, Section 6 or 7.
(3)
(a) Notices issued pursuant to subsection
(2)(a)2 of this section, blaster suspension orders issued pursuant to
subsection (2)(b) of this section, statements issued pursuant to subsection
(2)(c)2 of this section, and orders of the secretary rendered pursuant to
subsections (4)(b)3 and (5) of this section shall be served promptly after
issuance. Service to the blaster shall be made by hand; by certified mail,
return receipt requested; or by registered mail. A copy of each order and each
notice shall also be mailed or otherwise delivered to the Office of Mine Safety
and Licensing. In addition, if the order suspends or revokes certification, a
copy of the order shall be mailed or otherwise delivered to the blaster's
employer as documented in the cabinet's files and to any other person who, to
the best knowledge of the cabinet, employs the blaster as a certified
blaster.
(b) Service, whether by
hand or by mail, shall be complete upon tender of the order, notice, or
statement and shall not be deemed incomplete because of refusal to accept.
Moreover, service by mail shall not be deemed incomplete because of failure to
claim the document prior to its return to the cabinet by the U.S. Postal
Service, nor shall it be deemed incomplete because of the U.S. Postal Service's
inability to deliver a document which has been properly addressed with the
intended recipient's most recent address known to the cabinet. Service by mail
to the blaster shall be addressed to the permanent address shown on the
certification or renewal application, or if the blaster has submitted notice of
an address change pursuant to Section 7 of this administrative regulation, to
such other address as is known to the cabinet.
(4) The following provisions shall apply to
suspension orders issued pursuant to subsection (2)(b) of this section:
(a) Upon issuance of the suspension order,
all rights and privileges granted by certification shall be suspended until the
order is vacated or the certification is restored in accordance with an order
of the secretary; however, the blaster shall not be required to surrender his
or her certificate unless and until the secretary renders an order requiring
revocation or further suspension.
(b) Unless vacated, the suspension order
shall be adjudicated in accordance with the following:
1. A hearing shall be scheduled upon issuance
of the suspension order. This hearing shall be scheduled to be held within ten
(10) working days of issuance of the order. The
blaster shall be promptly
notified, in accordance with
400
KAR 1:110, Section 5, of the time, date, and location
of the scheduled hearing.
2. The
chief
hearing officer or any other designated
hearing officer shall preside
over the hearing, and except as otherwise specified or provided for in this
paragraph, the hearing shall be conducted pursuant to the provisions of
400
KAR 1:110, Section 5. Within five (5) working days
following the hearing, the
hearing officer shall issue a report on the findings
of fact and conclusions of law concerning the violation.
3. The provisions of
400
KAR 1:110, Section 3 shall apply to the filing of
exceptions to the
hearing officer's report, and the
final order of the
secretary concerning the violation shall be issued forthwith.
4. The time schedule for adjudication as
specified in subparagraphs 1 and 2 of this paragraph may be extended by the
cabinet upon written request by the blaster to whom the suspension order was
issued.
(c) Prior to the
hearing held pursuant to paragraph (b) of this subsection, a suspension order
determined to have been issued in error may be vacated by the director of the
Division of Field Services.
(d) The
forms on which
blaster suspension orders are issued shall be at the discretion
of the cabinet and may include the forms used pursuant to
405 KAR
12:020.
(5) Upon issuance of a notice pursuant to
subsection (2)(a)2 of this section, the cabinet shall schedule a formal hearing
for review of the violation. This hearing shall be held pursuant to
400
KAR 1:110, Section 5.
(6)
(a)
Orders of the secretary rendered pursuant to subsections (4)(b)3 and (5) of
this section may suspend or revoke the blaster's certification and may carry
requirements for additional training or testing or other appropriate corrective
measures; provided however, if the violation was caused or committed willfully,
suspension or revocation of certification shall be obligatory.
(b) The termination date of a suspension
shall be specified in the order or the suspension shall be for an indefinite
period contingent upon completion of required remedial action. An order for
revocation shall specify the ending date of the period during which the blaster
will be ineligible for reinstatement, with said period exceeding the minimum
required by Section 9(1) of this administrative regulation if
appropriate.
(c) The term and
conditions of each order rendered by the secretary pursuant to subsection
(4)(b)3 or (5) of this section shall be commensurate with the pertinent factors
surrounding the blaster and the violation(s). These factors may include, but
not necessarily be limited to, the seriousness of the violation(s), the
blaster's culpability for the violation(s), the history of the blaster's
performance, and whether the blaster took reasonable care in determining that
the operation would be in compliance with applicable laws and administrative
regulations.
(d)
1. Upon service of a suspension or revocation
order rendered pursuant to subsection (4)(b)3 or (5) of this section, the
blaster shall surrender the suspended or revoked certificate to the cabinet in
accordance with subparagraph 2 of this paragraph. All rights and privileges
granted by certification shall be suspended or revoked in accordance with the
term and conditions of the order.
2. If the suspension or revocation order is
hand delivered by a cabinet representative, the suspended or revoked
certificate shall be immediately surrendered to the representative delivering
the order. If the order is served by certified or registered mail, the
certificate shall be immediately delivered and surrendered to the department's
appropriate regional office.
(7)
(a) If
the blaster's Kentucky Blaster's License expires, is revoked, or otherwise
lapses or becomes invalid during the term of certification, in accordance with
Section 6(5) of this administrative regulation the blaster's certification
shall automatically be rendered invalid. Once the certification has been
rendered invalid, the certificate shall immediately be delivered and
surrendered to the department's appropriate regional office. The certificate
shall only be returned and certification reinstated after the blaster has
demonstrated, and the cabinet has found, that the blaster once again holds a
valid Kentucky Blaster's License.
(b) The provisions of paragraph (a) of this
subsection shall apply automatically, and issuance of a notice or a suspension
order pursuant to subsection (2) of this section shall not be required in order
to invalidate a blaster's certification pursuant to Section 6(5) of this
administrative regulation.
Section 5. Protection of Certification.
Certified blasters shall take every reasonable precaution to protect their
certificates from loss, theft, or unauthorized duplication. Any such occurrence
shall be immediately reported to the cabinet.
Section 6. Conditions. The following are
conditions for maintaining certification:
(1)
(a) His or her Kentucky Blaster's License,
his or her Kentucky Blaster Certificate, and at least one (1) other form of
identification shall be carried by the certified blaster during blasting
operations. If the blaster is operating under a postponement of certification
expiration rendered pursuant to Section 3(2)(a)2 of this administrative
regulation, the blaster shall also carry the letter granting the
postponement.
(b) A certified
blaster shall immediately exhibit his or her certificate, Kentucky Blaster's
License, letter postponing expiration of certification (if applicable), and one
(1) other form of identification to any authorized representative of the
cabinet or OSM upon request.
(2) Blasters' certifications shall not be
assigned or transferred.
(3)
Certified blasters shall not delegate their responsibilities to any persons who
are not certified blasters.
(4) The
certified blaster who is responsible for conducting blasting operations shall
provide direction and on-the-job training to noncertified persons who are
assigned to his or her blasting crew or who assist in the storage, use, or
transportation of explosives incident to the blasting operations.
(5) Each certified blaster shall hold a valid
Kentucky Blaster's License throughout the term of the certification.
Section 7. Change of Information.
A certified blaster shall submit written notification to the cabinet whenever
there is a change in his or her name, address, telephone number, or place of
employment. Such notifications shall be submitted to the central office of the
department's Division of Field Services, located in Frankfort, Kentucky, within
thirty (30) days of the change.
Section
8. Reciprocity. For any person who is a certified blaster under
OSM's blaster certification program or under any OSM approved state blaster
certification program, the submission of satisfactory documentation
demonstrating that he or she is so certified shall be considered an adequate
demonstration of compliance with Section 2(2), (4), and (5) of this
administrative regulation. However, compliance with Section 2(1) and (3) of
this administrative regulation shall occur prior to obtaining certification
pursuant to this administrative regulation.
Section 9. Reinstatement.
(1) Reinstatement following revocation.
Unless a longer term is specified in the Secretary's revocation order, during
the one (1) year period following issuance of the order the blaster shall not
be eligible for reinstatement of certification. After this period of
ineligibility, certification shall only be reinstated after reapplying for
certification pursuant to Section 2 of this administrative regulation. All of
the information contained in the application shall be provided anew: this shall
include new letters of reference pursuant to Section 2(4) of this
administrative regulation; documentation that the applicant has been retrained
pursuant to Section 2(2) of this administrative regulation and retested
pursuant to Section 2(5) of this administrative regulation; and a
demonstration, pursuant to Section 2(3) of this administrative regulation, that
the applicant holds a valid blaster's license issued by the Office of Mine
Safety and Licensing. In addition to containing such information, the
application must demonstrate, and the cabinet must find, that the conditions
that led to the revocation have been corrected and are not likely to reoccur.
When these requirements have been met, the cabinet may reissue the blaster
certification.
(2) Reinstatement
following suspension.
(a)
1. Following suspension of certification
pursuant to an order of the secretary, certification shall be reinstated only
upon a demonstration by the blaster that he or she has met the term and
conditions of the suspension.
2.
The cabinet shall not reinstate a certification which has expired solely upon a
demonstration that the requirements of subparagraph 1 of this paragraph have
been met. If the certification expires during the suspension period, in order
to have certification reinstated without reapplying under Section 2 of this
administrative regulation, a renewal application must be submitted within
thirty (30) days of meeting the term and conditions of the suspension; provided
however, if the order suspending certification does not specify a termination
date for the suspension, the remedial measures prescribed in the order must be
completed within one (1) year following certification expiration to qualify for
reinstatement through the renewal process. Renewal applications filed for
reinstatement shall contain the information required by subparagraph 1 of this
paragraph and the information and fees required by Section 3(1)(a) of this
administrative regulation. Failure to submit a renewal application within these
constraints will result in certification being reinstated only if, in addition
to complying with subparagraph 1 of this paragraph, the application
requirements of Section 2 of this administrative regulation are met, with all
of the information contained in the application being provided anew: this shall
include new letters of reference pursuant to Section 2(4) of this
administrative regulation; documentation that the applicant has been retrained
pursuant to Section 2(2) of this administrative regulation and retested
pursuant to Section 2(5) of this administrative regulation; and a
demonstration, pursuant to Section 2(3) of this administrative regulation, that
the applicant holds a valid blaster's license issued by the Office of Mine
Safety and Licensing.
(b) After the demonstrations required by
paragraph (a) of this subsection have been made and the cabinet is satisfied as
to the adequacy of the demonstrations, the cabinet shall either return the
surrendered certificate, renewed if applicable, or shall tender to the blaster
the reissued certificate. The surrendered or reissued certificate shall be
accompanied by a notice of reinstatement.
Section 10. Delegation to Office of Mine
Safety and Licensing. The cabinet and the Office of Mine Safety and Licensing
may enter into agreements whereby the Office of Mine Safety and Licensing may
administer part or all of this administrative regulation.