KRS 350.028: Powers of cabinet.

The Energy and Environment Cabinet shall have and exercise the following authority and

powers:

(1) To adopt administrative regulations after a hearing pertaining to surface coal mining

operations including strip mining and the surface effects of undergroun d mining to

accomplish the purposes of this chapter;

(2) To conduct investigations and hearings under provisions of this chapter or

regulations adopted pursuant thereto;

(3) To issue, after an opportunity for a hearing, suspension orders or show cause orde rs

requiring an operator, permittee, or person to adopt remedial measures that are

necessary to comply with this chapter and administrative regulations adopted

pursuant thereto. Failure to attend a hearing shall be excused for good cause shown;

(4) To issue, after an opportunity for a hearing, a final order imposing civil penalties for

violations of this chapter or directing the Department for Natural Resources to

revoke a permit, when the requirements set forth by the notice of noncompliance,

order of cessation, or an order of the cabinet requiring remedial measures have not

been complied with according to the terms therein. When the secretary or his

authorized representatives determines that a pattern of violations of any

requirements of this chapter or any permit conditions required by this chapter exists

or has existed, and if the secretary or his authorized representatives also find that the

violations are caused by the unwarranted failure of the permittee to comply with any

requirements of this chapter or any permit conditions or that the violations are

willfully caused by the permittee, the secretary or his authorized representative shall

forthwith issue an order to the permittee to show cause as to why the permit should

not be suspended or revoked and shall provide an opportunity for a hearing. Failure

to attend a hearing shall be excused for good cause shown; and

(5) To adopt administrative regulations to allow the state to administer and enforce the

initial and permanent regulatory programs of Public Law 95-87, "Surface Mining

Control and Reclamation Act of 1977." Administrative regulations shall be no more

stringent than required by that law. Nothing in this chapter shall be construed as

superseding, amending, modifying, or repealing any of the acts l isted in Section

702(a) of Public Law 95 -87, or any administrative regulation promulgated

thereunder.