ALBERT C. RITCHIE, GOVERNOR. 60S)
SEC. 42. The Examining Board shall provide for the keep-
ing of the applications for such certificates, the supporting evi-
dences, and the records of the examinations as a permanent
record; and shall endorse upon each such application their
action thereon.
SEC. 43. 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 Commission,
which shall review the examination and refusal; and if they
find such refusal unwarranted, may direct a correction 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, issu-
ing such orders therein as may be just.
SEC. 44. If it shall be established to the satisfaction of the
Examining Board that the holder of any certificate theretofore
issued by such Examining 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 canceled, or the right to use the same suspended for not
longer than two years: provided, that the Chief Mine Engi-
neer, upon being satisfied that the person holding any certifi-
cate is incompetent or otherwise unworthy, and that such
person if allowed to continue to hold such certificate may do
or permit acts or 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 con-
vening 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 further, that any person
against whom charges or complaints are made hereunder shall
have the right to appear before said Examining Board and
defend 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 ease
longer than thirty days thereafter. Any person whose certifi-
cate of competency has been canceled shall be eligible to take
an examination for a new certificate on and after two years
from the date of such cancellation.
SEC. 45. Service Certificates shall be granted by the Ex-
amining Board without examination, to mine foremen, assist-
|
 |