| (a) The Commission shall issue a Commission Blaster Certificate to those applicants examined and found to meet the requirements of §12.700, §§12.702-12.706, this section, and §§12.708-12.710 of this title (relating to Training, Examination, and Certification of Blasters) for accepting responsibility for blasting operations in mining operations regulated by the Commission. Blaster certifications shall expire as follows: (1) certificate issuance--3 years after issue date; (2) certificate renewal--3 years after the expiration date of the certificate being renewed; (3) certificate reissuance--3 years after issue date; (4) certificate replacement--Same expiration date as certificate being replaced; and (5) certificate issued under reciprocity--Same expiration date as that of the qualified jurisdiction certification for which reciprocity rights are
granted by the Commission. (b) The conditions for maintaining blaster certification shall include: (1) certified blasters shall not assign or transfer certifications; (2) certified blasters shall immediately exhibit certifications to any authorized representative of the Commission upon request; (3) certified blasters shall protect certifications from loss, theft or unauthorized duplication, and immediately report any such occurrences to the Director of the Surface Mining and Reclamation Division; (4) certified blasters shall not delegate their responsibility for surface mining blasting operations to any individual who is not a certified blaster; (5) certified blasters shall complete a Commission-administered refresher course at least once every three years; (6) certified blasters shall notify the Commission in writing within 30 days of any change
in address; and (7) certified blasters shall immediately surrender Commission Blaster Certificates to an authorized representative of the Commission upon notice of suspension or revocation or other good cause. (c) The Commission, when practicable, following written notice and opportunity for a hearing, may, and upon a finding of willful conduct, shall immediately suspend or revoke the certification of any blaster or take other necessary action for any of the following reasons: (1) noncompliance with any order of the Commission; (2) unlawful use in the work place of, or current addiction to, alcohol, narcotics, or other dangerous drugs; (3) violation of any provision of state, federal or local explosives statutes or regulations; or (4) providing false information or any misrepresentation of fact to obtain blaster certifications. (d) If advance
notice and opportunity for hearing cannot be provided, an opportunity for hearing shall be provided as soon as practical following the suspension, revocation, or other adverse action.
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