TITLE 4. CONSERVATION AND NATURAL RESOURCES
TITLE 4. CONSERVATION AND NATURAL RESOURCES
DEPARTMENT OF ENERGY
Final Regulation
REGISTRAR'S NOTICE: The Department of Energy is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law or the appropriation act where no agency discretion is involved. The department will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.
Title of Regulation: 4VAC25-35. Certification Requirements for Mineral Miners (amending 4VAC25-35-40).
Statutory Authority: § 45.2-1114 of the Code of Virginia.
Effective Date: December 3, 2025.
Agency Contact: Larry Corkey, Policy and Planning Manager, Department of Energy, 1100 Bank Street, Eighth Floor, Richmond, VA 23219-3402, telephone (804) 692-3239, or email larry.corkey@energy.virginia.gov.
Summary:
Pursuant to Chapters 390 and 405 of the 2025 Acts of Assembly, the amendments update qualification requirements for mineral mine inspectors.
4VAC25-35-40. Renewal requirements.
A. The division will send renewal notices to the last known address of the certificate holder at least 180 days prior to the expiration of the certificate. Certified persons shall apply for renewal of certificates by submitting an application for renewal and verification of work experience in a form acceptable to the division no more than 180 days prior to the expiration of their certificate. The application shall be submitted in time to be received at least five working days prior to the date of the examination or refresher class.
B. Certified persons, except mine inspectors, who have worked in the classification for which they are certified for a cumulative minimum of 24 months in the last five years shall select one of two options to renew their certificates;. Certified persons shall either (i) take an examination or (ii) complete a refresher class on any changes in regulations and law since the initial certification or the certificate was last renewed.
C. Certified persons shall take the examination described in 4VAC25-35-20 if their certificate has expired, they have not worked in the classification for which they are certified for a cumulative minimum of 24 months in the last five years, or the division has issued the individual violations that have not been corrected.
D. Successful completion of the Certified persons who possess a valid mine inspector renewal shall suffice for renewing the mine foreman certification are exempt from all renewal requirements.
E. Applicants for renewal of certifications shall hold a valid first aid certificate to renew their certification.
F. Applicants shall submit a $10 fee for the examination or the refresher class which. The fee shall be received at least five working days prior to the examination or class. Cash will be accepted if paying in person at a department office.
VA.R. Doc. No. R26-8422; Filed October 06, 2025