SECTION 460:1-7-1. Operational authority

(a)   The Oklahoma Mining Training Institute (OMTI) shall operate under the control and advice of the Oklahoma Mining Commission. The Commission shall establish and approve curriculum standards for all courses taught at OMTI. The Commission shall ensure that all courses taught at OMTI will meet current MSHA and OSM standards and that all graduates receiving certificates of competency have complied with all state, federal, and local permitting and licensing requirement.

(b)   The Commission shall ensure the following:

(1)   All blasting certifications be conducted by OMTI.

(2)   All original certifications for state supervisor cards shall be issued only by OMTI.

(c)   The Commission may approve recertification training for the Oklahoma State Surface Supervisor's card through outside contractors or private instructors, if the following guidelines are met:

(1)   A resume, including experience and education, must be submitted on each instructor utilized to the Commission for review.

(2)   Training plans must be submitted that include, at a minimum, an outline of the topics to be addressed and a list of the instruction aids that will be utilized during class. The training outline must address the Surface Safety Standards requirements in Title 45 of the Oklahoma Statutes.

(3)   A copy of the resume and training plan of each instructor must be filed, accompanied by a letter of request for Certification of Recognition, with the Oklahoma Department of Mines (ODM) and OMTI for review.

(A)   The ODM and OMTI review shall determine whether the program offered is consistent with the OMTI's program and that the program adequately emphasizes the State of Oklahoma State Standards.

(B)   After the review, OMTI and ODM shall submit a recommendation to the Commission for approval or disapproval of the program's accreditation.

(C)   Once a complete application is filed, the review, the recommendation, the issuance of the Certification of Recognition shall be completed within a ninety (90) day time-period.

(D)   Once training is completed, a notification of recertification for each individual shall be submitted to OMTI for action, on forms developed by OMTI. OMTI shall then issue the recertification for authentication of the training received and the card issued shall identify the contractor or private instructor who provided the training.

(E)   The Commission's approval for the recertification training of the Oklahoma State Surface Supervisor's card by any outside contractors or private instructors shall be for a one (1) year approval period only.

(4)   All existing and established time frames for recertification, every two years, are not altered by the approval of outside contractors or private pursuant to this Section.

(5)   Approval for supervisor recertification shall not be given to any training facilities or training by individuals affiliated with, or employed by, any permitted operation within the State of Oklahoma.

(d)   If training is administered by an instructor other than at OMTI, the instructor shall notify OMTI of each employee that has received such training and other information as required by the Director of OMTI. It shall be unlawful for any instructor or student to falsify training records.

[Source: Amended at 18 Ok Reg 3198, eff 7-26-01; Amended at 23 Ok Reg 3056, eff 7-27-06; Amended at 31 Ok Reg 2081, eff 9-12-14; Amended at 31 Ok Reg 2082, eff 9-12-14; Amended at 35 Ok Reg 1872, eff 9-14-18]

Note

EDITOR’S NOTE: The agency promulgated two permanent amended versions of this Section (460:1-7-1) with the same effective date (9-12-14). Both versions were published in the 2014 and 2015 OAC Supplements, and again in the 2016 Edition of the OAC. In 2018, the agency reconciled the two versions through permanent rulemaking, effective 9-14-18.