45.1-161.292:32 - Application for license
§ 45.1-161.292:32. Application for license.
A. An application for a license shall be submitted by the person who will bethe licensed operator of the mine. No application for a license or a renewalthereof shall be complete unless it contains the following:
1. Identity regarding the applicant. If the applicant is a soleproprietorship, the applicant shall state: (i) his full name and address;(ii) the name and address of the mine and its federal mine identificationnumber; (iii) the name and address of the person with overall responsibilityfor operating decisions at the mine; (iv) the name and address of the personwith overall responsibility for health and safety at the mine; (v) thefederal mine identification numbers of all other mines in which the soleproprietor has a twenty percent or greater ownership interest; and (vi) thetrade name, if any, and the full name, address of record and telephone numberof the proprietorship. If the applicant is a partnership, the applicant shallstate: (i) the name and address of the mine and its federal mineidentification number; (ii) the name and address of the person with overallresponsibility for operating decisions at the mine; (iii) the name andaddress of the person with overall responsibility for health and safety atthe mine; (iv) the federal mine identification numbers of all other mines inwhich the partnership has a twenty percent or greater ownership interest; (v)the full name and address of all partners; (vi) the trade name, if any, andthe full name and address of record and telephone number of the partnership;and (vii) the federal mine identification numbers of all other mines in whichany partner has a twenty percent or greater ownership interest. If theapplicant is a corporation, the applicant shall state: (i) the name andaddress of the mine and its federal mine identification number; (ii) the nameand address of the person with overall responsibility for operating decisionsat the mine; (iii) the name and address of the person with overallresponsibility for health and safety at the mine; (iv) the federal mineidentification numbers of all other mines in which the corporation has atwenty percent or greater ownership interest; (v) the full name, address ofrecord and telephone number of the corporation and the state ofincorporation; (vi) the full name and address of each officer and director ofthe corporation; (vii) if the corporation is a subsidiary corporation, theapplicant shall state the full name, address, and state of incorporation ofthe parent corporation; and (viii) the federal mine identification numbers ofall other mines in which any corporate officer has a twenty percent orgreater ownership interest. If the applicant is any organization other than asole proprietorship, partnership, or corporation, the applicant shall state:(i) the nature and type, or legal identity of the organization; (ii) the nameand address of the mine and its federal mine identification number; (iii) thename and address of the person with overall responsibility for operatingdecisions at the mine; (iv) the name and address of the person with overallresponsibility for health and safety at the mine; (v) the federal mineidentification numbers of all other mines in which the organization has atwenty percent or greater ownership interest; (vi) the full name, address ofrecord and telephone number of the organization; (vii) the name and addressof each individual who has an ownership interest in the organization; (viii)the name and address of the principal organization officials or members; and(ix) the federal mine identification numbers of all other mines in which anyofficial or member has a twenty percent or greater ownership interest;
2. The names and addresses of any agent of the applicant with responsibilityfor the business operation of the mine, and any person with an ownership orleasehold interest in the minerals to be mined;
3. Information about each independent contractor working at the mine: (i) theindependent contractor's trade name, business address and business telephonenumber; (ii) a description of the nature of the work to be performed by theindependent contractor and where at the mine the work is to be performed;(iii) the independent contractor's MSHA identification number, if any; (iv)the independent contractor's address of record for service of citations andother documents; (v) the names and addresses of persons with overallresponsibility for operating decisions; and (vi) the names and addresses ofpersons with overall responsibility for the health and safety of employees;
4. The names and addresses of persons to be contacted in the event of anaccident or other emergency at the mine;
5. Such information required by the Department that is relevant to anassessment of the safety and health risks likely to be associated with theoperation of the mine; and
6. For any license renewal, the annual report required pursuant to §45.1-161.292:35.
B. The application shall be certified as being complete and accurate by theapplicant, if an individual; by the agent of a corporate applicant; or by ageneral partner of an applicant that is a partnership. The application shallbe submitted on forms furnished or approved by the Department.
C. Within thirty days after the occurrence of any change in the informationrequired by subsection A, the licensed operator shall notify the Department,in writing, of such change.
(1997, c. 390; 1998, c. 695.)