053-2 Wyo. Code R. §§ 2-12 - State Mining Council's Final Agency Decision

(a) Upon receipt of the hearing officer's recommended decision, the State Mining Council, excluding the Decertification Complaint Review Committee members, shall at the next regularly scheduled State Mining Council's meeting, review the recommended decision and make a decision. The State Mining Council decision may:

(i) Accept the hearing officer's recommended decision;

(ii) Modify the hearing officer's recommended decision; or

(iii) Reject the hearing officer's recommended decision in total.

(b) Any meeting held by the State Mining Council to review the hearing officer's recommended decision and make a final agency decision shall be an executive session and not be open to the public.

(c) Where the State Mining Council has made a final agency decision to revoke a certificate, the State Mining Council, after a review of the record, shall determine the length of time that the certificate shall be revoked.

(d) Where a certificate has been revoked for a period of less than ninety (90) days, the State Mining Council shall automatically reissue the certificate to the former certificate holder as soon as possible after the expiration of the revocation period. The certificate holder shall not be required to retake the certificate examination for that specific certificate.

(e) Where a certificate has been revoked for a period of ninety (90) days or more, the former certificate holder shall be required to reapply, retake and pass the certificate examination for the certificate that has been revoked.

(f) Upon expiration of the revocation period, the former certificate holder may apply to retake the certificate examination. The application shall be mailed to the State Mine Inspector at P.O. Box 1094, Rock Springs, Wyoming 82902.

(g) The State Mining Council shall administer the examination in accordance with W.S. § 30-2-307 and the State Mining Council's Regulations, Chapter 1, Rules For Examination for Certificates.

(h) The State Mining Council shall administer the examination to the former certificate holder as soon as possible and at a date and time agreeable to both the State Mining Council and the former certificate holder.

(i) The State Mining Council shall notify all parties of its decision by certified mail.

(j) The State Mining Council's decision shall constitute the final agency action in this matter.

(k) The State Mining Council members shall not discuss the hearing officer's recommended decision or the State Mining Council's final agency decision with the Decertification Complaint Review Committee members until such time as the final agency decision has been issued and served upon all parties.

(l) Pursuant to W.S. § 16-3-114 the State Mining Council's final agency decision may be appealed to the District Court.

(m) Where a member of the State Mining Council has a conflict of interest or a possible conflict of interest with regards to a particular complaint, that State Mining Council member shall not participate in the State Mining Council's final agency decision for that particular complaint.

(n) Where a member of the State Mining Council has a conflict of interest or a possible conflict of interest with regards to a particular complaint, that State Mining Council member shall not participate in the State Mining Council's final agency decision for that particular complaint.

Notes

053-2 Wyo. Code R. §§ 2-12