KRS 351.175: Provisions concerning license to operate mine -- Submissions required for

license -- Revocation of license.

(1) The operation of a coal mine in Kentucky is a privilege granted by the

Commonwealth of Kentucky to a licensee who satisfies the requireme nts of this

section and demonstrates that the mine is or will be operated in a safe manner and in

accordance with the laws of this Commonwealth.

(2) Within forty-five (45) days after January 1, 1953, and of each year thereafter, the

owner, operator, lessee, or licensee of each mine shall procure from the department

a license to operate the mine, and the license shall not be transferable. Any owner,

operator, lessee, or licensee who assumes control of a mine, opens a new mine, or

reopens an abandoned mine du ring any calendar year shall procure a license before

mining operations are begun.

(3) The license shall be in printed form as the commissioner may prescribe and when

issued shall be kept posted at a conspicuous place near the main entrance of the

mine.

(4) Requests for a license shall be made to the department and shall be accompanied by

a United States postal money order or cashier's check drawn in favor of the State

Treasurer in an amount established by administrative regulations of a minimum of

one hundred dollars ($100) and a maximum of fifteen hundred dollars ($1,500). The

license shall be issued when the following are properly submitted to the

commissioner:

(a) The annual report of the licensee and the annual mine map required in KRS

351.170 and 352.450;

(b) A certification from the commissioner of the Department of Workers' Claims

that the licensee has provided positive proof of compliance with the

provisions of KRS Chapter 342;

(c) A certification from the commissioner of the Department of Revenue th at the

licensee is not a "delinquent taxpayer" as defined in KRS Chapter 131;

(d) Mine seal construction plan filed with the state and approved by MSHA;

(e) Roof control plan filed with the state and approved by MSHA;

(f) The ventilation plan required in KRS 352.020; and

(g) An approved emergency action plan required by KRS 352.640.

(5) The department shall immediately revoke any license if the department receives:

(a) Withdrawal of the certification of compliance with KRS Chapter 342 issued

by the commissioner of the Department of Workers' Claims; or

(b) Notice from the commissioner of the Department of Revenue that the licensee

is a "delinquent taxpayer" as defined in KRS Chapter 131.

(6) The commissioner, the director of the Division of Mi ne Safety, or the mine safety

specialist shall have the authority to stop production or close any mine whose

operator fails to procure a license or fails to furnish a certification of workers'

compensation coverage as required under this section.

(7) The department shall be authorized to seek injunctive relief for any violation of this

section. Revocation of a license by the department shall be an administrative

function of the department. Appeals from revocation by the department shall be

brought in Franklin Circuit Court.

(8) A license which has been revoked under the "delinquent taxpayer" provision shall

not be reissued until a written tax clearance has been received from the

commissioner of revenue.

(9) No mine underlying a cemetery shall be licensed by the commissioner unless two -

thirds (2/3) of the governing body of that cemetery vote in approval of the

operation. The application for a license shall contain an affidavit setting forth the

approval of the cemetery's governing body. This subsection applies only to those

cemeteries with governing bodies.