{"data":{"id":"us-ky/krs-350.028","jurisdiction":"us-ky","citation":"KRS 350.028","heading":"Powers of cabinet.","body":"The Energy and Environment Cabinet shall have and exercise the following authority and\npowers:\n(1) To adopt administrative regulations after a hearing pertaining to surface coal mining\noperations including strip mining and the surface effects of undergroun d mining to\naccomplish the purposes of this chapter;\n(2) To conduct investigations and hearings under provisions of this chapter or\nregulations adopted pursuant thereto;\n(3) To issue, after an opportunity for a hearing, suspension orders or show cause orde rs\nrequiring an operator, permittee, or person to adopt remedial measures that are\nnecessary to comply with this chapter and administrative regulations adopted\npursuant thereto. Failure to attend a hearing shall be excused for good cause shown;\n(4) To issue, after an opportunity for a hearing, a final order imposing civil penalties for\nviolations of this chapter or directing the Department for Natural Resources to\nrevoke a permit, when the requirements set forth by the notice of noncompliance,\norder of cessation, or an order of the cabinet requiring remedial measures have not\nbeen complied with according to the terms therein. When the secretary or his\nauthorized representatives determines that a pattern of violations of any\nrequirements of this chapter or any permit conditions required by this chapter exists\nor has existed, and if the secretary or his authorized representatives also find that the\nviolations are caused by the unwarranted failure of the permittee to comply with any\nrequirements of this chapter or any permit conditions or that the violations are\nwillfully caused by the permittee, the secretary or his authorized representative shall\nforthwith issue an order to the permittee to show cause as to why the permit should\nnot be suspended or revoked and shall provide an opportunity for a hearing. Failure\nto attend a hearing shall be excused for good cause shown; and\n(5) To adopt administrative regulations to allow the state to administer and enforce the\ninitial and permanent regulatory programs of Public Law 95-87, \"Surface Mining\nControl and Reclamation Act of 1977.\" Administrative regulations shall be no more\nstringent than required by that law. Nothing in this chapter shall be construed as\nsuperseding, amending, modifying, or repealing any of the acts l isted in Section\n702(a) of Public Law 95 -87, or any administrative regulation promulgated\nthereunder.","path":["KRS Chapter 350"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32762","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:35Z","sha256":"c8c27f2873324adee4e629fe522d07662ce011c65e6ff186b09b9c654e4707b8","source_id":"us-ky","stale":false,"prev":"us-ky/krs-350.026","next":"us-ky/krs-350.0281"},"notice":"GroundRules: Original legal text. Not legal advice."}