MARVIN MANDEL, Governor                                      899

IMMEDIATELY TO HEAR AND DETERMINE FOLLY THE CASE, AND

MAY MAKE ANY ORDER CONFIRMING, MODIFYING, ENFORCING,

OR VACATING THE SAFETY ORDER AS IS JUST AND PROPER.

THE COST MAY BE AWARDED AS THE COURT DIRECTS.

(E)      NOTIFICATION OF IMMINENT DANGER BY
INSPECTOR.—IF THE INSPECTOR DISCOVERS OR LEARNS THERE
IS AN IMMINENT DANGER EXISTING IN ALL OR PART OF A
MINE, HE SHALL ORDER IMMEDIATELY THE PERSON THEN IN
CHARGE OF THE MINE TO REMOVE AT ONCE EVERY PERSON FROM
WHERE THE DANGER EXISTS. IF THE PERSON IN CHARGE OF
THE MINE FAILS TO COMPLY WITH THE REQUEST OF THE
INSPECTOR, THE INSPECTOR PERSONALLY SHALL TAKE
WHATEVER STEPS HE DEEMS NECESSARY TO REMOVE OR HAVE
REMOVED EVERY PERSON FROM THE PLACE WHERE THE DANGER
EXISTS. EVERY PERSON SHALL REMAIN OUT OF ALL OR THAT
PORTION OF THE MINE UNTIL THE DANGER IS ENDED.

(F)     ADDITIONAL POWER TO DETERMINE SAFETY
CONDITIONS OF MINE; AUTHORITY TO ORDER CORRECTION OR
CLOSE MINE.—IN ADDITION TO ANY OTHER AUTHORITY
CONFERRED IN THIS TITLE, A MINE INSPECTOR OR THE
DIRECTOR OF THE BUREAU MAY ENTER AND INSPECT ANY MINE
TO DETERMINE THE CONDITIONS OF SAFETY IN THAT MINE.
IF EITHER THE MINE INSPECTOR OR THE DIRECTOR OF THE
BUREAU FINDS THE MINE UNSAFE OR OPERATED IN AN UNSAFE
MANNER, HE SHALL ORDER THE UNSAFE CONDITION CORRECTED
IMMEDIATELY. IF THE MINE OWNER OR OPERATOR FAILS TO
CORRECT THE UNSAFE CONDITION, THE MINE SHALL BE CLOSED
UNTIL THE CONDITION IS CORRECTED.

REVISOR'S NOTE: Subsections (a) and (b) presently
appear as Article 66C, section 503 of the
Code. Nomenclatural changes for government
units are made. New language is added to
proposed subsection (a) to provide that
every mine regardless of whether it is in
continuous operation shall be inspected
once every two months. Under present law,
only mines in continuous operation are
inspected once every two months while all
others need only be inspected six times a
year. Consequently, these mines could be
inspected the first six days of the year to
comply with the statute. The new language
is added to avert this possibility.

Subsection (c) presently appears as Article
66C, section 505 of the Code.

Subsection (d) presently appears as Article