WV Office of Miners’ Health, Safety and Training v. William A. Coulson

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Petitioner appeals from the circuit court's order affirming the final order of the West Virginia Coal Mine Safety Board of Appeals in relation to respondent's certification as a coal miner. Petitioner contends that the circuit court erred by affirming the Board's determination that there was no evidence presented to show that respondent demonstrated any characteristic of a person under the influence of intoxicants; by not finding that the Board had misapplied W.Va. Code St. R. §36-22-4.5; and by not determining that the penalty imposed on respondent for Charge 1 was insufficient as a matter of law.