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§ 70-116. Removal of mine inspectors and electrical inspectors

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 52 P.S. Mines and Mining

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 52 P.S. Mines and Mining (Refs & Annos)
Chapter 6. Pennsylvania Anthracite Coal Mine Act of 1965 (Refs & Annos)
Article I. Application, Definitions, Administration
52 P.S. § 70-116
§ 70-116. Removal of mine inspectors and electrical inspectors
The mine inspector and electrical inspector shall be responsible to the secretary for the proper performance of their duties. The secretary shall have the power to suspend any mine inspector or electrical inspector for any neglect of duty, but such suspended inspector shall have the right of appeal to the Governor, who shall be empowered to approve of such suspension or restore such suspended inspector to duty, after investigating the causes which led to such suspension. Should the secretary receive information by petition, signed by ten or more miners or three or more operators, setting forth that any of the inspectors are neglectful of the duties of their office, or are physically unable to perform the duties of their office, or are guilty of malfeasance in office, he shall at once investigate the matter; and if he shall be satisfied that the charge or charges are well founded, he shall then petition the court of common pleas or the judge in chambers, in any county within or partly within the inspection district of the inspector; which court, upon receipt of said petition and a report of the character of the charges and testimony produced, shall at once issue a citation, in the name of the Commonwealth, to the said inspector to appear, on not less than fifteen days' notice, on a fixed day, before said court at which time the court shall proceed to inquire into the allegations of the petitioners, and may require the attendance of such witnesses, on the subpoena issued and served by the proper officer or officers, as the judge of the court and the secretary may deem necessary in the case; the inspector under investigation shall also have similar power and authority to compel the attendance of witnesses in his behalf. If the court shall find by said investigation that the said inspector is guilty of neglecting his official duties, or is physically incompetent to perform the duties of his office, or is guilty of malfeasance in office, the said court shall certify the same to the Governor, who shall declare the office vacant, and shall proceed to supply the vacancy as provided by the mining laws of the Commonwealth. The cost of such investigation shall, if the charges are sustained, be imposed upon the deposed inspector; but if the charges are not sustained, the costs shall be paid out of the State Treasury, upon voucher or vouchers duly certified by said secretary. If said charges are not sustained the inspector shall be compensated for time lost during suspension.
To enable said secretary to conduct more effectually his examinations and investigations of the charge and complaints which may be made by petitioners against any of the inspectors as herein provided, he shall have power to administer oaths and take affidavits and depositions, in form and manner provided by law. Within thirty days after a mine inspector or an electrical inspector attains the age of sixty-five they shall undergo a physical examination and a copy of the physician's findings shall be furnished to the Secretary of Mines and Mineral Industries.1 The same procedure shall be followed each succeeding year after the age sixty-five is reached. If, as a result of the physical examination, it is found that the inspector is physically unable to perform the duties of a mine inspector or an electrical inspector he or they shall submit their resignation to the Governor. Failure to submit resignation will constitute cause for removal from office by the secretary.


1965, Nov. 10, P.L. 721, No. 346, art. I, § 116.


The Department of Mines and Mineral Industries was abolished and its powers and duties transferred to the Department of Environmental Resources. See 71 P.S. §§ 510-1, 510-15 and 510-103.
52 P.S. § 70-116, PA ST 52 P.S. § 70-116
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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