Chap. 191.—An ACT to amend and re-enact Section 1837 of the Code of Virginia,
relating to composition and appointment of the Board of Examiners in the
Division of Mines and duties thereof. {H 263]

Approved March 11, 1944

Be it enacted by the General Assembly of Virginia:

1. That section efghteen hundred thirty-seven of the Code of Vir-
ginia be amended and re-enacted, as follows:

Section 1837. Board of Examiners; certification without examina-
tion—(a) The Board of Examiners in the Division of Mines is con-
tinued. The Board shall consist of two members to be appointed by
the Governor and the State mine inspector; all vacancies occurring on
the Board among appointive members shall be filled by the Governor.

(b) The terms of the present appointive members shall expire on
June thirty, nineteen hundred forty-four. Their successors shall be
appointed by the Governor, one for a term to expire five years, and one
sor a term to expire four years, from June thirty, nineteen hundred forty-
our. |

(c) Thereafter as the terms of office respectively of the members
expire by limitation the Governor shall appoint, to fill the vacancies so
occasioned, qualified persons whose terms shall be for five years from
the day on which that of their immediate predecessors expired.

(d) Each appointment on the Board may be made from a list of at
least five names from each group submitted to the Governor or to the
Governor-elect by the Commissioner of Labor. Nominations are to be
made to the Governor by June first of the year in which vacancies occur
by expiration of term of appointment.

(e) The Governor shall notify the Commissioner promptly of any
vacancy other than by expiration and like nominations may be made for
the filling of the vacancy.

(f) In no case shall the Governor be bound to make any appoint-
ment from the nominees of the Commissioner.

(g) One member of the Board shall be a miner holding a mine fore-
man’s certificate, of first class, and who has had at least five years’ prac-
tical experience in mining, and who is actually employed in mining coal
in a non-supervisory capacity at the time of appointment and one member
shall be an operator, who is, at the time of appointment, actually engaged
in the position of operating a coal mine in this State.

(h) No appointive member shall be eligible to serve for or during
more than two successive terms, and incumbency during the current
term when this amendment takes effect constitutes the first of the two
successive terms with respect to eligibility for appomtment.

(i) The Governor may remove any appointive member of the Board
for misconduct, incapacity, or neglect of dutv and he shall be the sole
judge of the sufficiency of the cause of removal. He shall report every
such removal at once to the General Assembly if in session, and if not
at the beginning of the next session.

(j) The Board shall examine and certify as eligible for certificates,
mine inspectors, superintendents, mine foremen, assistant or section fore-
men, and fire bosses in any mine in this State. Persons employed as
mine inspectors, superintendents, mine foremen, assistant or section fore-
men or fire bosses, in any coal mine, prior to the date on which this pro-
vision becomes effective, shall be granted, without examination, certif-
icates of fitness provided they have been so employed one year or more
prior to the effective date of this act, and who, in the opinion of the
State mine inspector, meet this requirement.