(a) An Applicant
who receives an adverse decision from the Review Committee shall have the right
to appeal that decision to the State Mining Council.
(b) To appeal the adverse decision of the
Review Committee an Applicant must file a written notice of appeal with the
State Inspector of Mines office.
(c) The notice of appeal must be either
postmarked or hand-delivered no later than thirty (30) days from the date of
the review determination letter.
(d) Applicant may submit, with the notice of
appeal, a written statement supporting Applicant's position and
(e) The Council will
examine the review record; consider Applicant's statement and review the Review
Committee's decision and make a determination at its next regularly scheduled
quarterly meeting following the receipt of the notice of appeal by the State
Inspector of Mines.
(f) The State
Mining Council shall notify Applicant of its determination by mail.
(g) The decision of the State Mining Council
shall be the final action of the agency.
(h) An Applicant's examination results shall
be deemed final and the review and appeal process closed if the Applicant fails
to file a timely written Notice of Appeal.
(i) Except as provided in the above
procedures, there shall be no other administrative appeals available to the
Applicants who have failed to obtain a passing grade.