(a)
(1) The Director of the Department of Labor shall grant certificates after examination by the Department of Labor or a determination by the department that the testing requirements have been satisfied in another jurisdiction.
(2) The certificates shall be granted to all applicants who through these testing procedures have shown themselves to be familiar with the duties of the position for which they desire certificates and are capable of performing the duties.
(3) Certificates of the first grade shall be granted only to applicants who by oral or written examinations in the presence of and relating to explosive gas have shown themselves competent to act as mine foremen in mines which generate explosive and noxious gases, and the certificate shall so state.
(4) Certificates for mine inspector and assistant mine inspector shall be granted only to applicants who have shown themselves duly qualified, as provided by the law creating the office, and no appointments shall be made to these offices unless the appointee shall hold a certificate.
(b)
(1) Anyone holding a first grade foreman's certificate may serve as a foreman in any mine and may serve as fire boss.
(2) Anyone holding a second grade mine foreman's certificate may serve as any of the above, except as fire boss and foreman in mines which generate explosive or noxious gases.
(3)
(A) In case of emergency, a mine owner, with consent of the director, may employ a trustworthy or experienced man or woman who does not possess a certificate, for a period of not more than thirty (30) days as mine foreman or fire boss.
(B) If the holder of a permit fails to qualify after thirty (30) days, his or her permit shall be revoked.
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