It was the first such move for the WVOMHST which, in board documents provided to ILN, alleged two counts when proper safety procedures mandated under the state mining code were not followed by former assistant UBB mine foreman Jeremy Burghduff.

The agency accused the worker in the first charge of not powering up his methane detector for underground gas checks in March and April 2010, including April 5 – the day of the explosion that killed 29 miners.

The second charge alleges that Burghduff periodically left his self-contained self-rescuer outside the longwall while working behind it.

Director CA Phillips has called to the appeals board to permanently revoke the miner’s certification as well as to permanently bar him from holding any assistant mine foreman or mine foreman license in the future.

The hearing will begin at 9.30am local time and will convene at the WVOMHST office in the state’s capitol city of Charleston.

UBB mine owner Alpha did not release any public statement on the announcement.

However, earlier this month – on the eve of the blast’s two-year anniversary – the company revealed it would forever seal the Raleigh County mine.

The mine’s portals will be permanently sealed with concrete barriers and areas around the portals will be reclaimed.

All boreholes will be plugged and mine fan shafts capped, barring further access to the mine.

The work is expected to begin soon and be completed through the northern summer.

Alpha is working on the plan to seal UBB with the Mine Safety and Health Administration and the WVOMHST.

Massey Energy Company owned the mine at the time of the explosion and Alpha acquired the idle mine last June when it bought Massey.

Alpha chief executive officer Kevin Crutchfield said the mine was a solemn reminder of why safety had to come before everything.

“Though two years have passed, everyone still has vivid memories of the tragedy and the suffering the miners’ families endured,” he said.

“When Massey joined Alpha last year we brought all 7000 Massey employees through our proprietary Running Right safety process, which led to a significant improvement in safety performance.”