(225 ILCS 705/Art. 8 heading) ARTICLE 8. MINERS' EXAMINATIONS. (Source: P.A. 102-937, eff. 5-27-22.)

(225 ILCS 705/8.01) (from Ch. 96 1/2, par. 801)

Sec. 8.01. No person shall be employed or engaged at the face of the coal as a coal loader, loading machine operator, cutting machine operator, driller or shooter, timberman or roof bolter in any coal mine in this State without having first obtained a certificate of competency from the Mining Board, and having completed a course of instruction in first aid to the injured and mine rescue methods and appliances prescribed by the Department, except that any such certified miner may have one person working with him and under his direction as an apprentice for the purpose of learning the business of mining and becoming qualified to obtain a certificate of competency.

No person who enters employment as an apprentice miner shall be employed as an apprentice miner for a period longer than 12 months after becoming eligible to obtain a first class certificate of competency, except in the event of illness or injury, when time extensions may be permitted in a manner established by the Mining Board.

(Source: P.A. 102-937, eff. 5-27-22.)

(225 ILCS 705/8.02)

Sec. 8.02. (Repealed).

(Source: P.A. 101-384, eff. 1-1-20. Repealed by P.A. 102-937, eff. 5-27-22.)

(225 ILCS 705/8.03)

Sec. 8.03. (Repealed).

(Source: P.A. 101-384, eff. 1-1-20. Repealed by P.A. 102-937, eff. 5-27-22.)

(225 ILCS 705/8.04) (from Ch. 96 1/2, par. 804)

Sec. 8.04. Each Mining Board officer shall receive his traveling and other necessary expenses actually expended in the discharge of his official duties. Expenses of such officers shall be paid monthly. All expense accounts shall be itemized and verified by the examining officer receiving the same, and shall be approved by the Director.

(Source: P.A. 102-937, eff. 5-27-22.)

(225 ILCS 705/8.05) (from Ch. 96 1/2, par. 805)

Sec. 8.05. All records, reports, books, papers, and other property pertaining to the office of the Mining Board shall be kept by the secretary. The secretary shall be provided with a seal with proper device, and on the margin thereof shall be the words, "Mining Board, State of Illinois."

(Source: P.A. 102-937, eff. 5-27-22.)

(225 ILCS 705/8.06) (from Ch. 96 1/2, par. 806)

Sec. 8.06. The Mining Board shall hold an examination once in each calendar month, and at such other times and at such places as the Director may designate. The Director shall endeavor to schedule examinations at places located most conveniently with reference to the districts in which coal is mined in the State of Illinois so that all persons in such district or in this State, or who may wish to come into this State for the purpose of engaging in mining may be examined as to their competency and qualifications. Public notice of the examinations shall be given through the press or otherwise not less than 7 days in advance of such meeting, which notice shall fix the time and place at which any examination under this Act is to be held.

(Source: P.A. 102-937, eff. 5-27-22.)

(225 ILCS 705/8.07) (from Ch. 96 1/2, par. 807)

Sec. 8.07. Each applicant who satisfies the requirements set forth in this Article shall receive his or her certificate of competency upon satisfactorily passing the examination and submitting a fee as prescribed by rule. All fees collected shall be deposited into the Coal Mining Regulatory Fund. The monies deposited into the Coal Mining Regulatory Fund under this Section shall not be subject to administrative charges or chargebacks unless otherwise authorized by this Act.

(Source: P.A. 97-1136, eff. 1-1-13.)

(225 ILCS 705/8.08) (from Ch. 96 1/2, par. 808)

Sec. 8.08. All examinations held by the Mining Board shall be of a practical nature so as to determine the competency and qualification of the applicant to engage in mining. The Mining Board shall examine under oath all persons who apply for certificates as to their previous experience as miners and shall grant certificates of competency to such applicants as are qualified, which certificates shall entitle the holder thereof to be employed as and to do the work of miners in this State.

(Source: P.A. 102-937, eff. 5-27-22.)

(225 ILCS 705/8.09) (from Ch. 96 1/2, par. 809)

Sec. 8.09. A first class certificate of competency shall be issued to any person under this Article who can produce satisfactory evidence to the Mining Board of having had not less than 1 year experience as a worker on coal producing sections of a coal mine and having had an opportunity during that year of observing and helping to perform all the work required in that section and also to learn the fundamentals of roof control, testing of top, and testing for gas, which could be accomplished by the cooperation of management and workers, and that he has completed a course in first aid for the injured.

A first class certificate of competency shall also be issued to any person under this Article who can produce satisfactory evidence to the Mining Board of having been employed as a worker or a trainee in an underground coal mine for a period not less than 6 months and having had an opportunity during that 6 months of observing and helping to perform work required on a coal producing section and also to learn the fundamentals of ventilation, roof control, testing of rib and roof, and testing for gas, and that he has completed a course in first aid for the injured, and possesses a two-year Associate in Applied Science Degree in Coal Mining Technology or a degree in Engineering from an approved school or college, or university.

(Source: P.A. 102-937, eff. 5-27-22.)

(225 ILCS 705/8.11) (from Ch. 96 1/2, par. 811)

Sec. 8.11. In no case shall an applicant for a certificate of competency be deemed competent unless he appears in person before the Mining Board and orally answers intelligently and correctly practical questions, propounded to him by said Board, pertaining to the requirements and qualifications of a practical miner.

(Source: P.A. 102-937, eff. 5-27-22; 103-154, eff. 6-30-23.)

(225 ILCS 705/8.12) (from Ch. 96 1/2, par. 812)

Sec. 8.12. The Mining Board shall make an accurate record of its proceedings and meetings and in the record shall show a correct detailed account of the examination of each applicant with questions asked and their answers, and the record made shall be open for public inspection.

(Source: P.A. 102-937, eff. 5-27-22.)

(225 ILCS 705/8.13) (from Ch. 96 1/2, par. 813)

Sec. 8.13. No miners' certificate granted under the provisions of this Article is transferable and any effort to transfer the same is a violation of this Act. Such certificates shall be issued only at meetings of the Mining Board and shall not be valid unless signed by at least two members of the Mining Board and sealed with the seal of such Board.

(Source: P.A. 102-937, eff. 5-27-22.)

(225 ILCS 705/8.14) (from Ch. 96 1/2, par. 814)

Sec. 8.14. The Mining Board shall annually on the first day of March, report to the Director, in writing, what examinations it has held and what work it has done during the preceding year, together with such recommendations as it may deem advisable for the improvement of the method of holding examinations and carrying out the purposes of this Article.

(Source: P.A. 102-937, eff. 5-27-22.)

(225 ILCS 705/8.15) (from Ch. 96 1/2, par. 815)

Sec. 8.15. No person shall engage as a miner in any coal mine without having obtained a certificate of competency as provided for in this Article, nor shall any person, firm, or corporation employ as a miner in his, her, their or its mine in this State, any person who does not hold such certificate, nor shall any mine foreman, overseer, or superintendent permit or allow any person to be employed under him or her or in any mines under his or her charge or supervision as a miner in any mine in this State, except as provided in this Article, who does not hold such certificate of competency. Any person, firm or corporation who shall violate or fail to comply with the provisions of this Article shall be guilty of a Class B misdemeanor.

(Source: P.A. 85-1333.)

(225 ILCS 705/8.16) (from Ch. 96 1/2, par. 816)

Sec. 8.16. The Mining Board shall report all complaints or charges of noncompliance with, or violation of the provisions of this Article to the State's Attorney of the county in which such non-compliance or violation occurs, and the State's Attorney of the county wherein the complaints or charges are made shall investigate the same and prosecute all persons so offending.

(Source: P.A. 102-937, eff. 5-27-22.)

(225 ILCS 705/8.17) (from Ch. 96 1/2, par. 817)

Sec. 8.17. In order to more effectively carry out the intention and purposes of this Article, the Mining Board shall have power to administer oaths to any and all persons who are applicants or may vouch in any manner for the service or qualification of any applicant in order to obtain for him a certificate hereunder, and any person who shall wilfully and falsely swear or testify as to any matter material to such examination or as to the service or qualification of any applicant shall be deemed guilty of perjury and shall be subject to the penalties thereof as prescribed by the criminal code of this State.

(Source: P.A. 102-937, eff. 5-27-22.)

(225 ILCS 705/8.18) (from Ch. 96 1/2, par. 818)

Sec. 8.18. The Governor shall have the power and authority to remove any Mining Board officer for neglect of duty, incompetency, or malfeasance in office, and upon such removal shall appoint a successor.

(Source: P.A. 102-937, eff. 5-27-22.)

(225 ILCS 705/8.19) (from Ch. 96 1/2, par. 819)

Sec. 8.19. It shall be unlawful for any member of the Mining Board to issue any certificate of competency pursuant to this Section when he knows or has reason to know that the applicant fails to meet any of the requirements for the certificate.

(Source: P.A. 102-937, eff. 5-27-22.)

(225 ILCS 705/8.20) (from Ch. 96 1/2, par. 820)

Sec. 8.20. It shall be unlawful for any person or operator to knowingly falsify or to misrepresent to any person the length of practical experience or qualifications of an applicant for a certificate of competency.

(Source: P.A. 79-460.)

(225 ILCS 705/8.21) (from Ch. 96 1/2, par. 821)

Sec. 8.21. Any person who applies for a certificate of competency provided in this Article shall cause to be posted in a conspicuous place available to all employees on the premises of the mine at which he is employed a copy of his application for such certificate. The employer of such persons shall provide a suitable location for such posting. The application shall be posted for a period of 30 days from the date of such application. This posting requirement shall be in addition to the requirements of Section 3.07 of this Act which shall apply fully to certificates applied for and issued under this Article.

(Source: P.A. 85-1333.)