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3248 ARTICLE 89
make use of any false declaration, representation or statement in any cer-
tificate or copy thereof or to obtain any certificate, or any document con-
taining the same, shall be guilty of a misdemeanor.
An. Code, 1924, sec. 43. 1922, ch. 307, sec. 42.
43. The Examining Board shall provide for the keeping of the appli-
cations for such certificates, the supporting evidences, and the records of
the examinations as a permanent record; and shall endorse upon each such
application their action thereon.
An. Code, 1924, sec. 44. 1922, ch. 307, sec. 43.
44. If any applicant shall feel himself aggrieved upon a refusal of a
certificate of competency by the Examining Board, he may apply to the
State Employment Commissioner who shall review the examination and
refusal; and if he find such refusal unwarranted, may direct a correc-.
tion thereof; and from such review he may appeal by petition to the Cir-
cuit Court for the county within which he resides, and such court shall
have power to hear and determine the matter, issuing such orders therein
as may be just.
An. Code, 1924, sec. 45. 1922, ch. 307, sec. 44.
45. If it shall be established to the satisfaction of the Examining
Board that the holder of any certificate theretofore issued by such Exam-
ining Board has by reason of violation of law, fraud, intemperate habits,
incapacity or other good cause, become unworthy to hold the same, such
certificate may be cancelled, or the right to use the same suspended for not
longer than two years; provided, that the Chief Mine Engineer, upon
being satisfied that the person holding any certificate is incompetent or
otherwise unworthy, and that such person if allowed to continue to hold
such certificate may do or permit acts qr conditions tending to endanger
the lives or health of 'persons employed in or about any mine, may suspend
the right of such person to use such certificate until the convening of the
Examining Board, not exceeding thirty days; giving notice of his action
to the holder of such certificate and to his employer; and provided fur-
ther, that any person against whom charges or complaints are made here-
under shall have the right to appear before said Examining Board and de-
fend himself; and he shall be given fifteen days' notice in writing of such
charges by the Examining Board, previous to the hearing. Such hearing
shall be held' at the call of the chairman, within a reasonable time after
charges or complaints have been filed with such Examining Board, but in
no case longer than thirty days thereafter. Any person whose certificate of
competency has been cancelled shall be eligible to take an examination for
a new certificate on and after two years from the date of such cancellation.
An. Code, 1924, sec. 46. 1922, ch. 307, sec. 45.
46. Service Certificates shall be granted by the Examining Board
without examination, to mine foremen, assistant mine foremen and fire
bosses who now are acting in such capacities in any mine in this State,
upon filing with such Examining Board proper affidavits in form pre-
scribed by such Examining Board, together with an application for such
service certificate showing experience not less than is required of appli-
cants for the examination therefor, supported by equal and similar evi-
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