{"data":{"id":"us-ky/krs-350.250","jurisdiction":"us-ky","citation":"KRS 350.250","heading":"Complaints of violation -- Mandamus -- Civil action by person adversely","body":"affected by violation -- Intervention by cabinet.\n(1) Any person with an interest which is or may be adversely affected having\nknowledge that any of the provisions of this chapter  or regulations adopted\nthereunder are not being enforced by any public officer or employee, whose duty it\nis to enforce such provisions of this chapter and regulations thereunder, may bring\nsuch failure to enforce the law to the attention of such public o fficer or employee.\nTo provide against unreasonable and irresponsible demands being made, all such\ndemands to enforce the law must be in writing, under oath, with facts set forth\nspecifically stating the nature of the failure to enforce the law. If such pu blic officer\nor employee neglects or refuses for any unreasonable time but in no event longer\nthan sixty (60) days after demand to enforce such provision, any such person shall\nhave the right to bring an action of mandamus in the Circuit Court of the count y in\nwhich the operation which relates to the alleged lack of enforcement is being\nconducted; provided, that any action pursuant to this section may be brought\nimmediately after a demand for enforcement when the violation or order\ncomplained of constitutes  an imminent threat to the health or safety of the\ncomplaining person or would immediately affect a legal interest of the complaining\nperson. The court, if satisfied that any provision of this chapter or regulation\nthereunder is not being enforced, shall m ake an appropriate order compelling the\npublic officer or employee, whose duty it is to enforce such provision, to perform\nhis duties, and upon failure to do so such public officer or employee shall be held in\ncontempt of court and shall be subject to the penalties provided by the laws of the\nCommonwealth in such cases.\n(2) The court having jurisdiction of a complaint made pursuant to subsection (1) of this\nsection may in its final order award costs of litigation (including attorney and expert\nwitness fees)  to any party, whenever the court determines such an award is\nappropriate.\n(3) Any person who is or may be adversely affected by the violation by any person of\nany rule, regulation, order or permit issued pursuant to this chapter may bring a civil\naction f or injunctive relief or for damages or both (including reasonable attorney\nand expert witness fees) in the Circuit Court of the county in which the surface coal\nmining operation complained of is located.  Nothing in this subsection shall be\nconstrued to be a waiver of sovereign immunity by the Commonwealth.\n(4) In such action under this section, the cabinet, if not a party, may intervene as a\nmatter of right.","path":["KRS Chapter 350"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32829","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:36Z","sha256":"f85d0b9f8f75c58fc640b365175c9b3bcc9e7e581e6229aedf1cffb62fc2e611","source_id":"us-ky","stale":false,"prev":"us-ky/krs-350.245","next":"us-ky/krs-350.255"},"notice":"GroundRules: Original legal text. Not legal advice."}