SECTION 460:20-65-6. Certification

(a)   Issuance of certification. The Department of Mines shall certify for a two-year period those candidates examined and found to be competent and to have the necessary experience to accept responsibility for blasting operations in surface coal mining operations.

(b)   Suspension and revocation.

(1)   The Department, when practicable, following written notice and opportunity for a hearing, may, and upon a finding of willful conduct, shall suspend or revoke the certification of a blaster during the term of the certification or take other necessary action for any of the following reasons:

(A)   Noncompliance with any order of the Department.

(B)   Unlawful use in the work place of, or current addiction to, alcohol, narcotics, or other dangerous drugs.

(C)   Violation of any provision of the State or Federal explosives laws or regulations.

(D)   Providing false information or a misrepresentation to obtain certification.

(2)   If advance notice and opportunity for hearing cannot be provided, an opportunity for a hearing shall be provided as soon as practical following the suspension, revocation, or other adverse action.

(3)   Upon notice of a revocation, the blaster shall immediately surrender to the Department the revoked certificate.

(c)   Recertification. The Department may require the periodic reexamination, training, or other demonstration of continued blaster competency.

(d)   Protection of certification. Certified blasters shall take every reasonable precaution to protect their certificates from loss, theft, or unauthorized duplication. Any such occurrence shall be reported immediately to the certifying authority.

(e)   Conditions. The Department shall specify conditions for maintaining certification which shall include the following:

(1)   A blaster shall immediately exhibit his or her certificate to any authorized representative of the Department or the Office upon request.

(2)   Blasters' certifications shall not be assigned or transferred.

(3)   Blasters shall not delegate their responsibility to any individual who is not a certified blaster.