In a settlement agreement dated April 9, Burghduff agreed to voluntarily surrender a state license to work as an assistant underground mine foreman. State officials agreed to allow him to retain a separate license to work as an underground miner.
For the next three years, Burghduff cannot work as an underground mine foreman, assistant underground mine foreman, surface mine foreman, assistant surface mine foreman, belt examiner, or surface construction supervisor. After that period, he is allowed to reapply for such licenses.
The agreement states that nothing in the deal prohibits Burghduff from immediately seeking a license to work as an apprentice electrician, a shot-firer, or a surface miner.
The agreement was signed by Assistant Attorney General Barry Koerber, Burghduff's lawyer, Andrew Fusco, and Clinton Smith, chairman of the state Coal Mine Safety Board of Appeals.
Under state law, the mine safety office regulates various sorts of mine foremen and the board of appeals hears cases when foremen challenge enforcement actions regarding their licenses.
The agreement says that the deal was made "solely for the purpose of settling this administrative matter amicably" and that nothing in the agreement "shall be deemed an admission" by Burghduff that the allegations against him were true.
Reach Ken Ward Jr. at kw...@wvgazette.com or 304-348-1702.