(a) The Director of the Department of Labor shall hold sufficient examinations each year in places to be determined by the director, which, in his or her opinion, will be most convenient to applicants desiring to engage in the business of coal mining.

(b) All examinations held by the director shall be conducted in the English language and shall be of a practical nature, so as to determine the competency and qualifications of each applicant.

(c) The director shall:

(1) Examine under oath all persons who apply for certificates, except those regularly employed in the State of Arkansas and exempted under § 11-7-409, as to their previous experience as coal miners; and

(2)

(A) Grant certificates of competency and qualification to such applicants as the director finds to be qualified.

(B) The certificate, when so issued, entitles the holder to be employed as, and to do the work of, a coal miner in this state.

(d) (1) A certificate of competency and qualification shall not be issued or delivered to any person under this act, unless:

(A) He or she first produces evidence of having had not less than two (2) years of practical experience working as a coal miner or working with a coal miner; and

(B) He or she is competent to mine coal in the coal mines of this state.

(2) In no case shall the applicant be deemed competent or qualified under this act unless he or she appears in person before the director and orally answers correctly at least twelve (12) practical questions propounded to him or her by the director pertaining to requirements and qualifications of a practical coal miner.

(e) The director shall keep an accurate record of proceedings and meetings and in the record shall show a correct detailed account of the examination of each applicant with the questions asked and his or her answers, and the director shall keep the records open for the inspection of the parties in interest.

(f) A miner's certificate granted under this act is not transferable, and any effort to transfer the certificate shall be deemed a violation of this act.

(g) The certificate shall be issued and signed by the director.

(h)

(1) Each applicant for the certificate provided for under this section shall pay a fee of fifty cents (50cent(s)) to the director at the time of making application and, if successful in the examination, shall pay an additional fee of fifty cents (50cent(s)) for the certificate.

(2) All fees collected from applicants shall be paid into the Coal Mine Examining Fund and paid out of the fund as other moneys are paid out.