(1) There is created within the office the "Coal Miner Certification Panel."

(2) The panel consists of: (a) the commissioner or the commissioner's designee; and (b) at least eight other members appointed by the commissioner with equal representation and participation from: (i) management of coal mine operations; and (ii) hourly coal mining employees.

(a) the commissioner or the commissioner's designee; and

(b) at least eight other members appointed by the commissioner with equal representation and participation from: (i) management of coal mine operations; and (ii) hourly coal mining employees.

(i) management of coal mine operations; and

(ii) hourly coal mining employees.

(3) A member appointed by the commissioner shall: (a) have at least five years' experience in coal mining in this state; (b) administer the certification test to an applicant referred to in Section 40-2-402; (c) consult with the commission about applicant qualifications specified in Section 40-2-402; (d) meet when directed by the commissioner or the commissioner's designee; and (e) hold office at the pleasure of the commissioner.

(a) have at least five years' experience in coal mining in this state;

(b) administer the certification test to an applicant referred to in Section 40-2-402;

(c) consult with the commission about applicant qualifications specified in Section 40-2-402;

(d) meet when directed by the commissioner or the commissioner's designee; and

(e) hold office at the pleasure of the commissioner.

(4) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.

(a) Section 63A-3-106;

(b) Section 63A-3-107; and

(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.