KRS 351.194: Administrative hearing procedures -- Hearing regarding licensee, coal

operation, or other person -- Order -- Enforcement -- Civil penalty or fine.

(1) The Mine Safety Review Commission shall promulgate administrative regulations

in accordance with KRS Chapter 13A to establish administrative hearings

procedures to be followed in determining if violations of mine safety laws,

including, but not limited to, violations that meet the criteria established in KRS

351.025(1) or (2), have occurred and to establ ish a process to review recommended

orders from any hearing officers acting on behalf of the commission. The

procedures shall follow the requirements of KRS Chapter 13B and this chapter.

(2) The chair or a majority of the Mine Safety Review Commission may convene a

meeting of the commission at which it shall consider whether to schedule a hearing

regarding any licensee, coal operation, or other person involved in the mining of

coal.

(3) If the commission determines that there is probable cause to believe th at the

licensee, coal operation, or other person against whom the department has made

allegations of unsafe work practices or other violation of applicable law is guilty of

an alleged violation, the commission shall schedule a hearing at which the

department shall offer evidence in support of the allegations made by it. The

licensee, coal operation, or other person against whom the allegations are made

shall be given not less than twenty (20) days' written notice of the charges against

him, together with the date, time, and place at which the charges shall be heard, and

of his opportunity to be represented by counsel, produce evidence and witnesses on

his behalf, and examine the evidence and documents that may be produced against

him. The commission may also be represented by counsel and shall not be bound by

the technical rules of evidence, but its order shall be based upon competent

evidence. Any licensee or other person summoned to appear at a hearing in the

manner established in this subsection may, in wr iting, waive the notice required to

be given to him.

(4) The commission may proceed with its hearing of charges made by the department

against any licensee, coal operation, or other person who, after being duly notified

in accordance with the requirements of this section, fails to appear at or participate

in the hearing and who fails to assert any legitimate basis for the failure.

(5) Within ninety (90) days after hearing, the commission shall issue an order in which

it sets out its determinations concerning each matter coming before it. Copies of the

order shall be provided to all parties to the hearing. The department shall carry out

or enforce, as appropriate, the order of the commission, which may include, though

not be limited to, the imposition of civi l penalties, revocation, suspension, or

probation of the mine license or the miner's certification.

(6) The commission may modify a civil penalty or fine established under this chapter,

under criteria established by the commission by administrative regulations.

(7) In assessing monetary penalties within the limits provided in KRS 351.025, the

commission shall consider the operator's history of previous violations, the

appropriateness of the penalty to the size of the operator charged, whether the

operator was negligent, the effect on the operator's ability to continue in business,

the gravity of the violation, the demonstrated good faith of the person charged in

attempting to achieve rapid compliance after notification of a violation, and whether

a penalty h as been imposed by the Federal Mine Safety and Health Act for a

violation that arose out of the same set of facts or circumstances.

(8) An appeal of an order of the commission shall be filed in the Franklin Circuit Court

within thirty (30) days of entry of the order.