The director may institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order in the circuit court of the county in which the mine is located whenever the operator or the operator's agent: (a) Violates or fails or refuses to comply with any order or decision issued under this law; or (b) interferes with, hinders or delays the director or his or her authorized representative in carrying out the provisions of this law; or (c) refuses to admit such representatives to the mine; or (d) refuses to permit the inspection of the mine, or the investigation of an accident or occupational disease occurring in, or connected with, such mine; or (e) refuses to furnish any information or report requested by the director in furtherance of the provisions of this law; or (f) refuses to permit access to, and copying of, such records as the director determines necessary in carrying out the provisions of this law. The court shall have jurisdiction to provide such relief as may be appropriate. Except as otherwise provided herein, any relief granted by the court to enforce an order under clause (a) of this section shall continue in effect until the completion or final termination of all proceedings for review of such order under this law, unless, prior thereto, the circuit court granting such relief sets it aside or modifies it. In any action instituted under this section to enforce an order or decision issued by the director after a public hearing, the findings of the director, if supported by substantial evidence on the record considered as a whole, shall be conclusive.
Structure West Virginia Code
Chapter 22A. Miners' Health, Safety and Training
Article 1. Office of Miners' Health, Safety and Training; Administration; Enforcement
§22A-1-1. Continuation of the Office of Miners' Health, Safety and Training; Purpose
§22A-1-3. Director of the Office of Miners' Health, Safety and Training
§22A-1-4. Powers and Duties of the Director of the Office of Miners' Health, Safety and Training
§22A-1-5. Offices Continued in the Office of Miners’ Health, Safety and Training
§22A-1-6. Director's Authority to Promulgate Rules
§22A-1-8. Mine Inspectors; Regions and Districts; Employment; Tenure; Oath
§22A-1-10. Mine Inspectors May Be Appointed to Fill Vacancy in Division
§22A-1-13a. Study of Mine Inspector Qualification, Compensation, Training and Inspection Programs
§22A-1-15. Findings, Orders and Notices
§22A-1-17. Review of Orders and Notices by the Director
§22A-1-23. Records and Reports
§22A-1-25. Duties of Mine Foreman Examiner
§22A-1-26. Place and Time for Examinations
§22A-1-28. Certificates of Qualification Heretofore Granted
§22A-1-29. Mine Foreman Examiner to Certify Successful Applicants to Director
§22A-1-30. Record of Examination
§22A-1-31. Withdrawal of Certification
§22A-1-33. Mine Rescue Stations; Equipment
§22A-1-36. Mandatory Safety Programs; Penalties
§22A-1-37. Certification of Surface Mine Foremen
§22A-1-39. Reciprocity of Mine Foreman Certification and Experienced Miner Certification
§22A-1-40. Reporting Violations, Accident Investigations; Witness Interviews
§22A-1-41. The Coal Jobs and Safety Act of 2015; Legislative Findings
§22A-1-42. Surface Ground Control Plan; Automated External Defibrillator
§22A-1-43. Hold Harmless Clause; Decision to Enter Mine
§22A-1-44. Temporary Exemption for Environmental Regulations