KRS 351.184: Division to notify applicant of test results when granting or denying

certification -- Notification of options -- Issuance after evaluation, treatment,

and testing -- Right of appeal.

(1) The results of any testing performed by the division shall be given to the applicant

at the time of his or her notification of the granting or denial of certification.

(2) Certification of an applicant shall be denied if any one (1) or more of the following

occur:

(a) The applicant's positive drug test results for a ny of the substances either listed

in KRS 351.182(8) or otherwise required to be tested for by order of the Mine

Safety Review Commission are deemed to fail by a medical review officer;

(b) The applicant's blood alcohol level is above .04 concentration at the time of

testing;

(c) The applicant's test results demonstrate the submission of an adulterated

specimen; or

(d) The applicant refuses to submit to a drug or alcohol test as required by KRS

351.182.

(3) (a) Any applicant who is denied certification due to the results of the drug and

alcohol testing required by KRS 351.182 may:

1. Appeal to the Mine Safety Review Commission within thirty (30) days

of receiving the notification required under KRS 351.120(12); or

2. Notify the commissioner of the Department for Natural Resources or the

director of the division within thirty (30) of receiving the notification

required under KRS 351.120(12) that the applicant intends to be

evaluated by a medical professional trained in substance abuse

treatment, to complete an y prescribed treatment, and to submit an

acceptable result from a drug and alcohol test as required by KRS

351.182.

(b) Failure to file an appeal or failure to notify the commissioner of the

Department for Natural Resources or the director of the division of his or her

intent to comply with paragraph (a)2. of this subsection within thirty (30) days

of the notification shall result in the revocation of all licenses and

certifications issued by the division for a period of not less than three (3)

years, and the holder shall remain ineligible for any other certification issued

by the division during the revocation period. Certifications and licenses

revoked under this paragraph may be reissued by:

1. Compliance with all training and testing requirements;

2. Satisfying the requirements of KRS 351.182 and 351.183; and

3. Compliance with all orders of the Mine Safety Review Commission.

(c) For the purposes of this subsection, the completion of evaluation, treatment,

and submission of an acceptable drug test purs uant to paragraph (a)2. of this

subsection or the revocation described under paragraph (b) of this subsection

shall be considered a first offense.

(4) The licenses and certifications of a miner who notifies the commissioner of the

Department for Natural Resources or the director of the division of his or her intent

to comply with subsection (3)(a)2. of this section shall remain suspended until the

miner has provided proof of the evaluation and successful completion of any

prescribed treatment and has submit ted a negative drug and alcohol test as required

by KRS 351.182 to the division. The drug and alcohol test shall be taken no more

than thirty (30) days prior to the submission of the proof required by this section.

Upon receipt and review of the proof by t he division, the miner's licenses and

certifications shall be restored. In the event that the miner fails to successfully

complete the evaluation, treatment, and drug test within one hundred twenty (120)

days of the notification required under KRS 351.120( 12), the miner's licenses and

certifications issued by the division shall be revoked for a period prescribed under

KRS 351.990(8). The one hundred twenty (120) day time period set out in this

section shall be extended upon proof that the miner is complying with the

recommendations of the medical professional.

(5) If the denial described in subsection (3) of this section occurs following the miner's

first offense as described in this section or KRS 351.120, the miner shall not have

the option of notifying th e division of his or her intent to comply with subsection

(3)(a)2. of this section. The miner shall only have the right to appeal the denial to

the Mine Safety Review Commission within thirty (30) days of notification. If the

miner fails to appeal the deni al, the penalty shall be assessed according to KRS

351.990(8)(b) or (c).