US Lawyer Database

§ 74-24.18 – Legal representation.

74-24.18. Legal representation. It shall be the duty of the Attorney General of North Carolina to represent the Department of Labor in all actions or proceedings in connection with this Article. (1975, c. 206, s. 18.)

§ 74-24.19 – Administrative provisions.

74-24.19. Administrative provisions. (a) The Commissioner shall appoint a Director to assist him in administering the provisions of this Article and, through the Director, shall have authority to appoint, subject to Chapter 126 of the General Statutes of North Carolina, such officers, engineers, inspectors, and employees as he deems requisite for the administration of this […]

§ 74-24.20 – Construction of Article and severability.

74-24.20. Construction of Article and severability. This Article shall receive a liberal construction to the end that the safety and health of miners in the State may be effectuated and protected. If any provision of this Article or the application thereof to any person or circumstance is held to be invalid, such invalidity shall not […]

§ 74-24.8 – Findings, notices, and orders.

74-24.8. Findings, notices, and orders. (a) (1) If, upon any inspection of a mine, the Commissioner or his authorized representative finds that an imminent danger exists, he shall determine the area throughout which such danger exists, and thereupon shall issue forthwith an order requiring the operator of the mine or his agent to cause immediately […]

§ 74-24.9 – Issuance and delivery of notices, orders, and decisions.

74-24.9. Issuance and delivery of notices, orders, and decisions. (a) All notices or orders issued under G.S. 74-24.8 shall be in writing, signed by the Commissioner or his authorized representative, and shall be given promptly to the operator of the mine. (b) In order to insure prompt compliance with all notices, orders, or decisions issued […]

§ 74-24.10 – Administrative and judicial review of decisions on mine safety.

74-24.10. Administrative and judicial review of decisions on mine safety. (a) An operator to whom a notice or order is issued under G.S. 74-24.8 and G.S. 74-24.9 may contest the notice or order by filing a petition for a contested case under G.S. 150B-23 within 30 days after receiving the notice or order. An operator […]

§ 74-24.12 – Injunctions.

74-24.12. Injunctions. The Commissioner through the Director may institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order in the superior court of the county in which a mine is located or in which the operator of such mine has his principal office, whenever such operator […]

§ 74-24.13 – Mandatory reporting.

74-24.13. Mandatory reporting. Under such regulations as he may prescribe, the Commissioner shall require that: (1) Operators of mines which are subject to this Article submit, at least annually and at such other times as he deems necessary, and in such form as he may prescribe, reports of "accidents," injuries, occupational disease, and related data, […]

§ 74-24.14 – Criminal penalties.

74-24.14. Criminal penalties. Any person who (i) willfully violates any standard, order, notice, decision, rule, or regulation issued under authority of this Article, and said violation causes death or serious physical harm to another; (ii) knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required […]

§ 74-24.15 – Rights and duties of miners.

74-24.15. Rights and duties of miners. Miners shall comply with all safety and health standards and all rules, regulations, or orders issued pursuant to this Article which are applicable to their own actions and conduct and shall have the rights afforded under Article 21 of Chapter 95 of the General Statutes. (1975, c. 206, s. […]