Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.


()

225 ILCS 705/Art. 2

 
    (225 ILCS 705/Art. 2 heading)
ARTICLE 2.
ADMINISTRATION OF ACT:
MINING BOARD ORGANIZATION AND DUTIES.

225 ILCS 705/2.01

    (225 ILCS 705/2.01) (from Ch. 96 1/2, par. 301)
    Sec. 2.01. The Mining Board in the Department of Natural Resources shall administer this Act.
(Source: P.A. 102-937, eff. 5-27-22.)

225 ILCS 705/2.02

    (225 ILCS 705/2.02) (from Ch. 96 1/2, par. 302)
    Sec. 2.02. The Mining Board shall be authorized, empowered and required to make formal inquiry into and pass upon the practical and technological qualifications and personal fitness of men seeking appointment as State Mine Inspectors, and of those seeking certificates of competency as mine managers, as hoisting engineers and as mine examiners. The Mining Board shall have such other powers and duties as may be prescribed by the provisions of this Act, or any other Act relating to coal mining. The Mining Board also shall control and direct the State Mine Inspectors hereinafter provided for, in the discharge of their duties, and shall have the power, in person and through the State Mine Inspectors, to see that all provisions of this Act are enforced. The Mining Board shall also cause to be collected statistical details relating to coal mining in the State, especially in its relation to the vital, sanitary, commercial and industrial conditions, and to the permanent prosperity of said industry; and the Mining Board shall cause such statistical details to be compiled and summarized as a report of the Mining Board, to be known as the annual coal report. The operators shall furnish to the Department on or before the 10th day of each month a monthly report of the coal produced the previous month as required by the Department on forms furnished by said Department.
(Source: Laws 1955, p. 2012.)

225 ILCS 705/2.03

    (225 ILCS 705/2.03) (from Ch. 96 1/2, par. 303)
    Sec. 2.03. One of the coal miner members of the Mining Board shall be elected as secretary. The Board may appoint a chief clerk and may employ such other persons as may be necessary for the proper discharge of its powers and duties; all of whom shall perform such duties as may be prescribed by the Board from time to time, and the Board may from time to time also prescribe standing and other rules for the control and direction of its officers and employees and of the State mine inspectors. The Secretary of State shall assign to the use of the Board suitably furnished rooms in the State House.
(Source: Laws 1953, p. 701.)

225 ILCS 705/2.04

    (225 ILCS 705/2.04) (from Ch. 96 1/2, par. 304)
    Sec. 2.04. The Board shall hold such meetings from time to time as may be necessary for the proper discharge of its duties. The Board shall meet once during each year, the date and place to be fixed by said Board, for the purpose of examining candidates for appointment as State Mine Inspectors.
(Source: Laws 1955, p. 2012.)

225 ILCS 705/2.05

    (225 ILCS 705/2.05) (from Ch. 96 1/2, par. 305)
    Sec. 2.05. For the examination of persons seeking certificates of competency as mine managers, hoisting engineers, and mine examiners, the Board shall hold meetings at such times and places within the State as shall, in the judgment of the members, afford the best facilities to the greatest number of candidates. They shall also call an examination at least once a year for electrical hoisting engineers and at least twice a year for mine electricians.
(Source: P.A. 98-543, eff. 1-1-14.)

225 ILCS 705/2.06

    (225 ILCS 705/2.06) (from Ch. 96 1/2, par. 306)
    Sec. 2.06. Public notice shall be given through the press or otherwise, not less than 10 days in advance, announcing the time and place at which any examinations provided for by this Article are to be held.
(Source: Laws 1953, p. 701.)

225 ILCS 705/2.07

    (225 ILCS 705/2.07) (from Ch. 96 1/2, par. 307)
    Sec. 2.07. The examinations provided for by this Article shall be conducted under rules, conditions and regulations prescribed by the Board. Such rules shall be made a part of the permanent record of the Board, and such of them as relate to candidates shall be, upon application of any candidate, furnished to him by the Board; they shall also be of uniform application to all candidates.
(Source: Laws 1953, p. 701.)

225 ILCS 705/2.08

    (225 ILCS 705/2.08) (from Ch. 96 1/2, par. 308)
    Sec. 2.08. The Director of the Office of Mines and Minerals within the Department of Natural Resources shall be the executive officer of the Mining Board and shall execute the orders, rules and regulations made and promulgated by the Mining Board. The Manager of the Office of Mines and Minerals may act as executive officer in the absence of the Director of the Office of Mines and Minerals.
(Source: P.A. 89-445, eff. 2-7-96.)

225 ILCS 705/2.09

    (225 ILCS 705/2.09) (from Ch. 96 1/2, par. 309)
    Sec. 2.09. Three members of the Mining Board, or the Director may call a meeting of the Mining Board at any time and at any place within the State. Four members of the Mining Board and the executive officer shall constitute a quorum. Only in case of a tie vote the executive office shall have the right to vote.
(Source: P.A. 79-460.)

225 ILCS 705/2.10

    (225 ILCS 705/2.10) (from Ch. 96 1/2, par. 310)
    Sec. 2.10. In conducting the hearings before the Mining Board any member of the Mining Board shall have the power to administer oaths to any and all persons appearing before the Mining Board, and any person who shall willfully, corruptly and falsely testify under oath with respect to any charges or evidence offered shall be deemed guilty of perjury and shall be subject to the penalties thereof as prescribed by the laws of this State.
(Source: P.A. 102-937, eff. 5-27-22.)

225 ILCS 705/2.11

    (225 ILCS 705/2.11) (from Ch. 96 1/2, par. 311)
    Sec. 2.11. Subject to the procedure provided for in Section 2.14, in case of dispute between operators and miners on the proper interpretation of rules, regulations, and laws in relation to coal mines and subjects relating thereto, and providing for the health and safety of persons employed therein, and the dispute is filed in formal written form with the Department, the Director of the Office of Mines and Minerals shall call a meeting of the Mining Board to review the dispute. An opinion of the proper interpretation of the disputed rule, regulation, or law, concurred in by a majority of the Mining Board, shall be binding upon the Department to enforce; and the operators and miners must abide by the opinion, unless the opinion of the Mining Board is at variance with an opinion of interpretation by the Attorney General of the intent of the rule, regulation or law. In case the opinion of the Attorney General is at variance with the opinion of the Mining Board, then all parties must abide by the opinion of the Attorney General, except that all parties shall have recourse to courts of this State.
(Source: P.A. 89-445, eff. 2-7-96.)

225 ILCS 705/2.12

    (225 ILCS 705/2.12) (from Ch. 96 1/2, par. 312)
    Sec. 2.12. The Mining Board shall have power to promulgate rules and regulations, in accordance with the Illinois Administrative Procedure Act and in connection with methods of coal mining affecting the health and safety of persons employed in the coal mines.
(Source: P.A. 102-937, eff. 5-27-22.)

225 ILCS 705/2.13

    (225 ILCS 705/2.13) (from Ch. 96 1/2, par. 313)
    Sec. 2.13. In case operators or miners shall file formal written charges with the Department that any law or laws in relation to coal mines and subjects relating thereto and providing for the health and safety of persons employed therein has been violated, the Director shall call the parties involved before the Mining Board to hear the evidence for, and the defense against, the charges. In case the Mining Board finds, by a majority vote, the charges are valid and true, it shall be the duty of the State's Attorneys to prosecute all persons so offending, and the offenders shall be subject to the penalties provided by law for such violations.
(Source: Laws 1953, p. 701.)

225 ILCS 705/2.14

    (225 ILCS 705/2.14) (from Ch. 96 1/2, par. 314)
    Sec. 2.14. The Director shall promulgate rules, in accordance with the Illinois Administrative Procedure Act, necessary for the effective and orderly conduct of hearings held pursuant to this Act. These rules shall include, but not necessarily be limited to, the following for the benefit of any affected operator, miner, labor representative, or other person with a substantial interest in the hearing:
        1. adequate written notice of charges against any
    
charged party;
        2. adequate written notice of all hearings to any
    
affected operator, miner, labor representative, or other interested person;
        3. the right to be represented by counsel;
        4. the right to present evidence;
        5. the right to cross-examine witnesses;
        6. the right to present its position orally or in
    
writing to the Board;
        7. the right to request issuance of subpoenas by the
    
Department.
(Source: P.A. 102-937, eff. 5-27-22; 103-154, eff. 6-30-23.)

225 ILCS 705/2.15

    (225 ILCS 705/2.15) (from Ch. 96 1/2, par. 315)
    Sec. 2.15. The Department may refuse to issue or may suspend the license, permit or certificate of any person who fails to file a return, or to pay any final assessment of tax, penalty or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied.
(Source: P.A. 84-221.)

225 ILCS 705/2.16

    (225 ILCS 705/2.16)
    Sec. 2.16. Rules; Illinois Administrative Procedure Act. The Mining Board may adopt rules necessary for or incidental to the performance of duties or execution of powers conferred under this Act in accordance with provisions of the Illinois Administrative Procedure Act.
(Source: P.A. 97-1136, eff. 1-1-13.)