{"data":{"id":"us-ky/krs-350.032","jurisdiction":"us-ky","citation":"KRS 350.032","heading":"Enforcement of subpoenas -- Judicial review of final orders -- Forfeiture of","body":"performance bond -- Temporary relief pending final determination.\n(1) In case of refusal to obey a subpoena issued to any person, any Circuit Court of\ncompetent jurisdiction, upon application by any party, may issue to that person an\norder requiring him to appear before the cabinet, there to produce documentary\nevidence if so ordered or to give evidence touching the matter under investigation or\nin question; and any failure to  obey the order of the court may be punished by the\ncourt as a contempt of court.\n(2) Any person aggrieved by a final order of the cabinet resulting from a hearing on the\nissuance of a notice of noncompliance, the issuance of an order for cessation and\nimmediate compliance, the assessment of civil penalties, or a bond forfeiture may\nobtain a review of the order by filing in the Franklin Circuit Court or the Circuit\nCourt of the county within which the mine is located, within thirty (30) days after\nthe entry of the order, a written petition praying that the order be modified or set\naside in whole or in part, provided that a surety on a performance bond shall not file\nsuch petition until it has complied with subsection (3) of this section. A copy of the\npetition shall be forthwith served upon the cabinet, and thereupon the cabinet shall\ncertify and file in court a copy of the record before the cabinet, including therein all\npleadings, orders, documentary exhibits and the stenographic transcript of the\ntestimony taken before the cabinet. When these have been filed, the court shall have\nexclusive jurisdiction to affirm, modify, enforce or set aside the order, in whole or\nin part. No objection to the order may be considered by the court unless it was urged\nbefore t he cabinet or there were reasonable grounds for failure to do so. The\nfindings of the cabinet as to the facts, if supported by substantial evidence, are\nconclusive. If either party applies to the court for leave to adduce additional\nevidence, and shows to the satisfaction of the court that the additional evidence is\nmaterial and that there were reasonable grounds for failure to adduce the evidence\nin the hearings before the cabinet, the court may order that additional evidence be\ntaken before the cabinet in  such manner and upon such condition as the court may\nconsider proper. The cabinet may modify its findings as to the facts, by reason of\nthe additional evidence so taken; and it shall file any modified or new findings with\nthe court, which if supported by substantial evidence shall be conclusive, and any\nrecommendation for the modification or setting aside of the original order. The\ncommencement of the proceedings under this section does not, unless specifically\nordered by the court, operate as a stay of th e cabinet's order. An appeal may be\ntaken from the judgment of the Circuit Court to the Court of Appeals on the same\nterms and conditions as an appeal is taken in any civil action.\n(3) Where the cabinet has ordered forfeiture of a performance bond, the sur ety shall\nforward to the cabinet by certified mail a cashier's check for the required amount\nwithin seven (7) business days from the effective date of the order. The cabinet shall\nestablish an interest -bearing escrow account and shall deposit therein the f ull\namount of the forfeiture rendered by the surety. The amount shall continue to be\nheld by the cabinet until completion of judicial review as authorized in subsection\n(2) of this section. If the final decision following the review reverses the order of\nthe secretary of the cabinet, the cabinet shall within thirty (30) days of receipt of\nsuch order, refund to the surety the appropriate amount plus all interest accrued\nfrom the date of deposit to the date of the final order.\n(4) In the case of a proceeding to review any order or decision issued by the secretary\nunder this chapter pertaining to surface coal mining operations, the court may, under\nsuch conditions as it may prescribe, grant such temporary relief as it deems\nappropriate pending final determination of the proceedings if:\n(a) All parties to the proceedings have been notified and given an opportunity to\nbe heard on a request for temporary relief;\n(b) The person requesting the relief shows that there is a substantial likelihood\nthat he will prevail o n the merits of the final determination of the proceeding;\nand\n(c) The relief will not adversely affect the public health or safety or cause\nsignificant imminent environmental harm to land, air, or water resources.","path":["KRS Chapter 350"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32769","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:35Z","sha256":"0a820c6e9fe42542603b978f7aaf7026fc1c4f2ffe02450da03dfe73e47e6c6c","source_id":"us-ky","stale":false,"prev":"us-ky/krs-350.0305","next":"us-ky/krs-350.035"},"notice":"GroundRules: Original legal text. Not legal advice."}