KRS 350.509: Duties of commission.

The commission shall be attached to the cabinet for administrative purposes and staffed

by the Office of the Reclamation Guaranty Fund established pursuant to KRS 350.512.

The commission shall:

(1) Review, recommend, and promulgate administrative regulatio ns pursuant to KRS

Chapter 13A, which are necessary to:

(a) Monitor and maintain the fund;

(b) Establish a structure for the administration of processing claims and making

payments;

(c) Establish mechanisms for review of the viability of the fund and crite ria for

determining when a recommendation shall be made to the secretary of the

cabinet to close the fund for failure to maintain actuarial soundness;

(d) Set the schedule of penalties consistent with this chapter associated with late

payment, failure to p ay, and defrauding the commission through the

submission of fraudulent information or withholding requested

documentation;

(e) Review, in accordance with the applicable administrative regulations of the

cabinet and KRS 350.515 and 350.518, all assignments of permittee

classification of mine type and assessment of established fees; and

(f) Establish a structure for the payment of the assessments required in KRS

350.515(2)(b) and 350.518;

(2) Notify permittees of suspension or reinstatement of the fees requir ed by KRS

350.518(2);

(3) Employ, in accordance with KRS 45A.690 to 45A.725, a certified public accountant

in good standing to perform an annual audit of the fund for the first five (5) years of

the operations of the fund. Thereafter, the commission shall have audits performed

every two (2) years or more frequently as determined necessary by the commission.

Audit results shall be reported to the commission and to the Governor;

(4) Employ, in accordance with KRS 45A.690 to 45A.725, a qualified actuary to

perform an actuarial study annually for the first three (3) years of the operations of

the fund. Thereafter, the commission shall have actuarial studies performed every

two (2) years or more frequently as determined necessary by the commission.

Results of these studies shall be reported to the commission and to the Governor;

(5) Perform all functions necessary and authorize expenditures from the fund necessary

to carry out the provisions of law and the administrative regulations of the

commission;

(6) Report to the Governor and the Interim Joint Committee on Natural Resources and

Environment no later than December 31 of each year as to the financial status of the

reclamation guaranty fund;

(7) Conduct investigations and issue subpoenas on behalf of the commission to verify

reporting, payment, and other activities of permittees related to the fund. All

documents produced in response to investigations and subpoenas by the

commission shall remain c onfidential and not subject to the provisions of KRS

61.870 to 61.882; and

(8) Bring an action in Franklin Circuit Court against any permittee for the recovery of

funds spent by the commission by reason of forfeiture of that permittee. The

commission may utilize the legal department of the cabinet for this purpose.