WM. PRESTON LANE, JR., GOVERNOR. 739

44. If any applicant shall feel himself aggrieved upon a
refusal of a first-class mine foreman certificate or a permit
of competency by the Examining Board or the Director, he
may apply to the State Employment Commissioner who
shall review the examination and refusal; and if he finds
such refusal unwarranted, may direct a correction there-
of; and from such review he may appeal by petition to the
Circuit 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.

45.

(a) If it shall be established to the satisfaction of the
Examining Board that the holder of a first-class mine
foreman's certificate theretofore issued by such Examin-
ing Board has by reason of violation of law, fraud, intem-
perate habits, incapacity or other good cause, become
unworthy to hold the same, such certificate may be can-
celled, or the right to use the same suspended for not
longer than two years; provided, that the Director,
upon being satisfied that the person holding any cer-
tificate 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 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 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, previ-
ous 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 certifi-
cate on and after two years from the date of such can-
cellation.

(b) If it shall be established to the satisfaction of the
Director that the holder of any permit of competency
issued by such Director or Examining Board has by reason
of violation of law, fraud, intemperate habits, incapacity,
or other good cause, become unworthy to hold same, such
permit may be cancelled or the right to use the same sus-