# Environment (GEN) ## Title 15. Mines and Mining ### Subtitle 3. Examination, Licensing, Inspection, and Supervision of Mining Activity #### Section 15-301 (a) In this subtitle the following words have the meanings indicated. (b) "Examining authority" means the Director of the Bureau or the Director's designee when referring to the procedure for grant or suspension of a permit of competence or grant or suspension of a first-class mine foreman certificate of competence or a fire-boss certificate of competence. #### Section 15-302 The examining authority shall inquire into the background and qualifications of each applicant for any certificate or permit of competence. It shall prepare, correct, and grade the individual examinations for the various certificates of competency. #### Section 15-303 (a) An applicant for a first-class mine foreman certificate of competence shall produce evidence satisfactory to the examining authority that he is at least 18 years of age and a citizen of the State or of another state that accords similar privileges to a citizen of Maryland. He shall furnish a verified history of his experience in mining employment, showing in detail the several mines in which he has worked, their location, the particular occupation followed during a period of at least five years, and in particular his knowledge of and extent of experience with gaseous mines. Each applicant shall pay an examination fee of $5 to the State. (b) An applicant for a "permit of competence" shall produce evidence satisfactory to the examining authority that he is qualified by experience to take the examination for the permit. (c) An applicant for a fire-boss certificate of competence shall produce evidence satisfactory to the examining authority that he is a resident of the State, or of another state that accords similar privileges to a resident of Maryland, and at least 18 years of age. He shall furnish a verified history of his experience in mining employment, showing in detail the several mines in which he has worked, their location, the particular employment followed during a period of at least 3 years, and, in particular, his knowledge of and extent of experience with gaseous mines. Each applicant shall pay an examination fee of $3 to the State. #### Section 15-304 The Bureau may establish a place within the mining area of the State to give instruction to an applicant for a "first-class mine foreman's certificate", a "fire-boss certificate", or a "permit of competence", and other instruction required under this subtitle or any rule and regulation made under it. The Bureau may conduct courses in order to qualify properly any person who makes application for the various types of certificates. #### Section 15-305 (a) Any applicant for a certificate of competence shall answer in writing at least ten questions designed to discover his knowledge of mining theory, including ventilation, drainage, mining methods, and the mining laws of the State. In addition, he shall answer orally, if feasible during a visit to a coal mine, at least ten questions on practical mine problems which are designed to display his perception, resourcefulness, and practical judgment. The oral questions and replies shall be reduced to writing and become a part of the record of the examination. The examining authority shall grade an applicant on a basis of 100 points credited for perfect answers, allowing equal weight for each qualification of theoretical knowledge, perception, resourcefulness, and judgment. Any applicant failing to receive an average of at least 70 points fails the examination. Each applicant shall be notified of his grade. (b) An applicant for a first-class certificate of competence shall be admitted to an examination after he files, on a form the examining authority provides, a sworn statement as to any matter of fact which establishes his right to take the examination, and pays the fee prescribed for the examination. In the examination for first-class mine foreman certificate, the applicant shall be tested as to his theoretical knowledge of noxious and explosive gas found in a coal mine. In addition, he shall answer orally, if feasible during a visit in a gaseous coal mine, at least ten questions on practical mine problems which are designed to display his perception, resourcefulness, and practical judgment. The examination procedure and grading shall be as provided in subsection (a) of this section. (c) In the examination for fire-boss certificate, the applicant shall be tested as to his theoretical knowledge of noxious and explosive gas found in a coal mine. In addition, he shall answer orally, if feasible during a visit in a gaseous coal mine, at least ten questions on practical mine problems which are designed to display his perception, resourcefulness, and practical judgment. The examination procedure and grading shall be as provided in subsection (a) of this section. (d) In the examination for a permit of competence: (1) The examining authority shall give the examination; (2) The applicant shall pay the examining authority a $1 examination fee for each examination taken; (3) At the discretion of the examining authority, the examination may be oral or written. If the examination is oral, it shall be reduced to writing and filed among the examining authority's records; (4) The examination shall include practical mining questions relating to ventilation and the methods of detecting noxious and explosive gas in a mine; (5) The applicant shall demonstrate to the examining authority that he is qualified to supervise the operation of a small mine; (6) If the applicant fails the examination, he may request another examination after 60 days from the unsuccessful examination and the examining authority shall conduct another examination as soon as practicable; and (7) The examining authority shall issue a "permit of competence" if the applicant is found qualified. No applicant may be required to display the theoretical knowledge required for the holder of a first-class certificate. He shall be qualified in the practicable aspects of conditions relating to the safety of the employees of this type mine. #### Section 15-306 The examining authority shall keep the applications for certificates, any supporting evidence, and the records of the examinations as a permanent record. It shall endorse on each application the action taken. #### Section 15-307 An applicant who is aggrieved by the examining authority's refusal to grant a first-class mine foreman certificate or permit of competence may apply to the Secretary of Budget and Management who shall review the examination. If the Secretary of Budget and Management finds the refusal unwarranted, the Secretary shall direct that the applicant be awarded the certificate or permit. If the Secretary upholds the decision of the examining authority, the applicant may appeal to the circuit court for the county in which the applicant resides. The court may hear and determine the matter, issuing any order as may be just. #### Section 15-308 Upon payment to the State of a certificate fee of $1, each successful applicant shall be entitled to a certificate signed by the examining authority. The certificate shall state the name, age, and residence of the person certified, the position for which the person qualified, and the person's experience. A photograph furnished by the certificate holder shall be mounted on the certificate across which shall be impressed the seal and signature of the examining authority. A certificate may not be transferred. If the certificate is lost or destroyed, the examining authority, when satisfied of the loss or destruction, shall supply the certificate holder with a copy of it, on payment to the State of a fee of 50 cents. #### Section 15-309 A person may not forge or counterfeit a certificate or permit of competence, or any official copy, or knowingly make or cause to be made any false statement in any certificate, permit, or any official copy provided for by this subtitle, or urge another to do so, or knowingly use any forged or false certificate, permit, or official copy, or knowingly make, give, alter, or produce, or use any false declaration, representation, or statement in any certificate, permit, or official copy or obtain any certificate, permit, or any document containing the official copy. #### Section 15-310 (a) A person holding a certificate or permit of competence may be charged with violation of law, fraud, intemperate habits, incapacity, or other good cause for cancellation or suspension of the certificate or permit. The charge shall be in writing and filed with the Director of the Bureau. (b) A certificate or permit of competence may be canceled or suspended only by the examining authority. Except as provided in subsection (d) of this section, a certificate or a permit may be canceled or suspended only after a hearing at which the person charged has the right to appear. The hearing shall be held within 30 days after the receipt of the charges by the examining authority, which shall give the person charged written notice of the charge at least 15 days prior to the hearing. A hearing of the examining authority shall be on the call of its chairman. (c) If the examining authority is satisfied that the certificate or permit holder has become unworthy to hold it by reason of violation of law, fraud, intemperate habits, incapacity, or other good cause, it may cancel or suspend the right to use the certificate or permit for a period not longer than two years. (d) The provisions of subsections (b) and (c) of this section to the contrary notwithstanding, if the Director of the Bureau is satisfied that a person, if allowed to continue to hold a certificate or permit, may commit or permit an act to be committed, or permit a condition, that would tend to endanger the lives or health of any person employed in or about a mine, the Director may suspend the right of the certificate or permit holder to use the certificate or permit. The suspension may not be for more than 30 days or until the examining authority acts pursuant to this section, whichever is sooner. The Director of the Bureau shall give notice of action to the certificate or permit holder, and to the certificate or permit holder's employer. (e) A person whose certificate or permit of competence has been canceled or suspended is eligible to take an examination for a new certificate or permit two years after the date of the cancellation or suspension. #### Section 15-311 (a) If any matter, thing, or practice in, about, or connected with any mine may become dangerous or defective and endangers the bodily safety of any person, the Bureau may give written notice to the mine operator by way of a special order. The order shall state in detail the matter, thing, or practice which may become dangerous or defective, and require its correction, suggesting changes as conditions may require. If the matter, thing, or practice involves the safety of a mine or a considerable portion of a mine, and the mine operator after receipt of this order neglects or refuses to take immediate steps to remedy the matter, thing, or practice, the Bureau may institute proceedings before the circuit court for the county in which the affected mine is located, to restrain the operator from operating the mine until he complies with the safety order. The court shall proceed immediately to hear and determine fully the case, and may make any order confirming, modifying, enforcing, or vacating the safety order as is just and proper. The cost may be awarded as the court directs. (b) If the Bureau discovers or learns there is an imminent danger existing in all or part of a mine, it shall order immediately the person then in charge of the mine to remove at once every person from where the danger exists. If the person in charge of the mine fails to comply with the order, the Bureau shall take whatever steps it deems necessary to remove or have removed every person from the place where the danger exists. Every person shall remain out of all or that portion of the mine until the danger is ended. (c) In addition to any other authority conferred in this title, the Bureau may enter and inspect any mine to determine the conditions of safety in that mine. If the Bureau finds the mine unsafe or operated in an unsafe manner, it shall order the unsafe condition corrected immediately. If the mine owner or operator fails to correct the unsafe condition, the mine shall be closed until the condition is corrected. #### Section 15-312 All first-class mine foremen and fire-boss certificate holders shall be subject to continuing education every 3 years. The continuing education shall emphasize mine health and safety legislation and regulations, advances in mining technology, and advances in first aid that have occurred since the certificate holder's most recent examination. All first-class mine foremen and fire-boss certificates issued prior to July 1, 1980 shall expire no later than July 1, 1983 unless reissued in accordance with this section. #### Section 15-313 (a) The Director may enter into an agreement with an agency responsible for the regulation of coal mining in another state to provide for the recognition in Maryland of mine foreman and fire-boss certificates or other certifications issued by that state if: (1) The Director determines that the certification requirements of that state are substantially equivalent to the corresponding Maryland requirements; and (2) The other state provides reciprocal recognition of certificates issued by the Bureau. (b) (1) An individual who holds a mine foreman certificate, fire-boss certificate, or other certification issued by an agency of another state that has entered into an agreement under subsection (a) of this section may apply to the Bureau for reciprocal certification. (2) An applicant for reciprocal certification shall submit to the Bureau: (i) An application on the form provided by the Bureau; (ii) A copy of the applicant's mine foreman certificate, fire-boss certificate, or other certification issued by the other state; and (iii) Any other information that the Bureau requires. (c) The examining authority: (1) Shall review an application submitted under subsection (b) of this section; (2) In accordance with the agreement entered into under subsection (a) of this section, may require that the applicant satisfy any additional requirements that the Bureau establishes for reciprocal certification; and (3) If the applicant qualifies for reciprocal certification, may require the applicant to pay a fee to the State comparable to the fee for a certificate issued under other provisions of this subtitle. (d) An individual to whom a reciprocal certificate is issued under this section shall promptly notify the Bureau if the state which issued the original mine foreman certificate, fire-boss certificate, or other certification that was a basis for the reciprocal certification suspends, revokes, or takes other disciplinary action against the original certificate. (e) The holder of a reciprocal certificate is subject to the jurisdiction of the Bureau in the same manner as the holder of: (1) A mine foreman certificate or fire-boss certificate issued under this subtitle; or (2) Any other certification recognized under this subtitle. --- Md. Code Ann., Envir. (as displayed at mgaleg.maryland.gov, October 16, 2026)