MARVIN MANDEL, Governor                                 893

EXAMINATION, HE MAY REQUEST ANOTHER EXAMINATION AFTER
60 DAYS FROM THE UNSUCCESSFUL EXAMINATION AND THE
EXAMINING AUTHORITY SHALL CONDUCT ANOTHER EXAMINATION
AS SOON AS PRACTICABLE; AND

(7) THE EXAMINING AUTHORITY SHALL ISSUE A
"PERMIT OF COMPETENCE" IF THE APPLICANT IS FOUND
QUALIFIED. NO APPLICANT MAY BE REQUIRED TO DISPLAY
THE THEORETICAL KNOWLEDGE REQUIRED FOR THE HOLDER OF A
FIRST-CLASS CERTIFICATE. HE SHALL BE QUALIFIED IN THE
PRACTICABLE ASPECTS OF CONDITIONS RELATING TO THE
SAFETY OF THE EMPLOYEES OF THIS TYPE MINE.

REVISOR'S NOTE: This subsection is new language
derived from Article 66C, section 510(b) of
the Code.

7-306. RECORDS OF APPLICATIONS AND EXAMINATIONS.

THE EXAMINING AUTHORITY SHALL KEEP THE
APPLICATIONS FOR CERTIFICATES, ANY SUPPORTING
EVIDENCE, AND THE RECORDS OF THE EXAMINATIONS AS A
PERMANENT RECORD. IT SHALL ENDORSE ON EACH
APPLICATION THE ACTION TAKEN.

REVISOR'S NOTE: This section presently appears as
Article 66C, section 513 of the Code. The
only changes made are in style.

7-307. APPEAL OF APPLICANT.

AN APPLICANT WHO IS AGGRIEVED BY THE EXAMINING
AUTHORITY'S REFUSAL TO GRANT A FIRST-CLASS MINE
FOREMAN CERTIFICATE OR PERMIT OF COMPETENCE MAY APPLY
TO THE SECRETARY OF PERSONNEL WHO SHALL REVIEW THE
EXAMINATION. IF THE SECRETARY OF PERSONNEL FINDS THE
REFUSAL UNWARRANTED, HE SHALL DIRECT THAT THE
APPLICANT BE AWARDED THE CERTIFICATE OR PERMIT. IF HE
UPHOLDS THE DECISION OF THE EXAMINING AUTHORITY, THE
APPLICANT MAY APPEAL TO THE CIRCUIT COURT FOR THE
COUNTY IN WHICH HE RESIDES. THE COURT MAY HEAR AND
DETERMINE THE MATTER, ISSUING ANY ORDER AS MAY BE
JUST.

REVISOR'S NOTE: This section presently appears as
Article 66C, section 514 of the Code. The
only changes made are in style.

7-308. ISSUANCE AND CONTENTS OF CERTIFICATE; LOST OR