mine inspector; immunity
from liability
SB 1276 provides that if a claim or action is brought against the Mine Inspector or any employee of the Mine Inspector’s Office acting in an official position, the suit must be brought against the State of Arizona, and not against the individual.
The constitution of the state of Arizona established the Office of the State Mine Inspector to enforce the Mining Code. The Office inspects the health and safety conditions and practices at all active mining operations, investigates mine accidents and employee complaints and conducts safety certification classes for state mine employees. The Office acts as the regulatory agency that oversees the Mined Land Reclamation Program for Arizona that works in cooperation with mining companies, consultants and other state and federal agencies to approve or reject plans for mine reclamation. In addition, the Office is charged with identification, mapping and closure of hazardous abandoned mines.
The State of Arizona enjoyed absolute immunity from liability until 1963. In the 1963 court case, Stone v. Arizona Highway Commission, the Arizona Supreme Court held that the doctrine of absolute immunity had become unjust and outdated and subsequently, abolished the principle. The Court held that the state’s constitution (AZ Const. Art. Pt 2, Sec. 18) gives the legislature authority to determine the scope of governmental immunity. In the absence of absolute immunity, the Actions Against Public Entities or Public Employees Act (Laws 1984, Chapter 285), granted public entities and employees qualified immunity, which holds that the person or agency is not liable unless it acted with gross negligence. The Office of the State Mine Inspector is granted qualified immunity under current law (A.R.S. 12-820.02).