053-2 Wyo. Code R. §§ 2-5 - Notices
(a) Upon Receipt of a complaint, the State
Mine Inspector shall date stamp the complaint with the date that the complaint
was received.
(b) Within five (5)
working days after receiving and date stamping the complaint, the State Mine
Inspector shall deliver, by certified mail, copies of the complaint to each
member of the Decertification Complaint Review Committee.
(c) Within five (5) working days after the
receipt of the copy of the complaint the Decertification Complaint Review
Committee shall meet either in person or by telephone conference call to:
(i) Review the complaint to determine:
A. Whether the complaint contains the
required contents listed in Section
4. d.
B. Whether the complaint was filed within
thirty (30) calendar days of the alleged violation;
(ii) Initiate the State Mine Inspector's
investigation of the complaint if the Decertification Complaint Review
Committee determines that the complaint has been timely filed and contains the
required contents.
(iii) Upon
receipt of the copy of the complaint the Decertification Complaint Review
Committee shall notify the certificate holder, by certified mail, that a
complaint has been filed against him/her. A copy of the complaint shall
accompany the notification. The Decertification Complaint Review Committee
shall also inform the certificate holder that the complaint is under review and
that the certificate holder will be notified whether an investigation will be
held.
(d) If the
complaint does not contain all of the required criteria listed in Section
4. d., or the complaint was not filed within
thirty (30) calendar days of the alleged violation, the Decertification
Complaint Review Committee may dismiss the complaint without considering the
merits of the complaint.
(e) Where
the Decertification Complaint Review Committee has dismissed a complaint for
failure to include the criteria listed in Section
4. d., the Complainant may refile a modified
complaint. The modified complaint shall be subject to the procedures set forth
in Sections
4 and
5 of these rules. The modified complaint
must be filed within the original thirty (30) calendar days of the alleged
violation.
Notes
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