Statutes, codes, and regulations
Wyoming Administrative Code
Agency 053 - Workforce Services, Department ofSubagency 0005 - Mining Council
Chapter 2 - CERTIFICATION SUSPENSION AND REVOCATION HEARINGS
Section 2-5 - Notices

053-2 Wyo. Code R. § 2-5

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Current through April 27, 2019
Section 2-5 - Notices

(a) Upon Receipt of a complaint, the State Mine Inspector shall date stamp the complaint with the date that the complaint was received.

(b) Within five (5) working days after receiving and date stamping the complaint, the State Mine Inspector shall deliver, by certified mail, copies of the complaint to each member of the Decertification Complaint Review Committee.

(c) Within five (5) working days after the receipt of the copy of the complaint the Decertification Complaint Review Committee shall meet either in person or by telephone conference call to:

  • (i) Review the complaint to determine:
    • A. Whether the complaint contains the required contents listed in Section 4. d.
    • B. Whether the complaint was filed within thirty (30) calendar days of the alleged violation;
  • (ii) Initiate the State Mine Inspector's investigation of the complaint if the Decertification Complaint Review Committee determines that the complaint has been timely filed and contains the required contents.
  • (iii) Upon receipt of the copy of the complaint the Decertification Complaint Review Committee shall notify the certificate holder, by certified mail, that a complaint has been filed against him/her. A copy of the complaint shall accompany the notification. The Decertification Complaint Review Committee shall also inform the certificate holder that the complaint is under review and that the certificate holder will be notified whether an investigation will be held.

(d) If the complaint does not contain all of the required criteria listed in Section 4. d., or the complaint was not filed within thirty (30) calendar days of the alleged violation, the Decertification Complaint Review Committee may dismiss the complaint without considering the merits of the complaint.

(e) Where the Decertification Complaint Review Committee has dismissed a complaint for failure to include the criteria listed in Section 4. d., the Complainant may refile a modified complaint. The modified complaint shall be subject to the procedures set forth in Sections 4 and 5 of these rules. The modified complaint must be filed within the original thirty (30) calendar days of the alleged violation.

053-2 Wyo. Code R. § 2-5