{"data":{"id":"us-ky/krs-350.509","jurisdiction":"us-ky","citation":"KRS 350.509","heading":"Duties of commission.","body":"The commission shall be attached to the cabinet for administrative purposes and staffed\nby the Office of the Reclamation Guaranty Fund established pursuant to KRS 350.512.\nThe commission shall:\n(1) Review, recommend, and promulgate administrative regulatio ns pursuant to KRS\nChapter 13A, which are necessary to:\n(a) Monitor and maintain the fund;\n(b) Establish a structure for the administration of processing claims and making\npayments;\n(c) Establish mechanisms for review of the viability of the fund and crite ria for\ndetermining when a recommendation shall be made to the secretary of the\ncabinet to close the fund for failure to maintain actuarial soundness;\n(d) Set the schedule of penalties consistent with this chapter associated with late\npayment, failure to p ay, and defrauding the commission through the\nsubmission of fraudulent information or withholding requested\ndocumentation;\n(e) Review, in accordance with the applicable administrative regulations of the\ncabinet and KRS 350.515 and 350.518, all assignments of permittee\nclassification of mine type and assessment of established fees; and\n(f) Establish a structure for the payment of the assessments required in KRS\n350.515(2)(b) and 350.518;\n(2) Notify permittees of suspension or reinstatement of the fees requir ed by KRS\n350.518(2);\n(3) Employ, in accordance with KRS 45A.690 to 45A.725, a certified public accountant\nin good standing to perform an annual audit of the fund for the first five (5) years of\nthe operations of the fund. Thereafter, the commission shall have audits performed\nevery two (2) years or more frequently as determined necessary by the commission.\nAudit results shall be reported to the commission and to the Governor;\n(4) Employ, in accordance with KRS 45A.690 to 45A.725, a qualified actuary to\nperform an actuarial study annually for the first three (3) years of the operations of\nthe fund. Thereafter, the commission shall have actuarial studies performed every\ntwo (2) years or more frequently as determined necessary by the commission.\nResults of these studies shall be reported to the commission and to the Governor;\n(5) Perform all functions necessary and authorize expenditures from the fund necessary\nto carry out the provisions of law and the administrative regulations of the\ncommission;\n(6) Report to the Governor and the Interim Joint Committee on Natural Resources and\nEnvironment no later than December 31 of each year as to the financial status of the\nreclamation guaranty fund;\n(7) Conduct investigations and issue subpoenas on behalf of the commission to verify\nreporting, payment, and other activities of permittees related to the fund. All\ndocuments produced in response to investigations and subpoenas by the\ncommission shall remain c onfidential and not subject to the provisions of KRS\n61.870 to 61.882; and\n(8) Bring an action in Franklin Circuit Court against any permittee for the recovery of\nfunds spent by the commission by reason of forfeiture of that permittee. The\ncommission may utilize the legal department of the cabinet for this purpose.","path":["KRS Chapter 350"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=41771","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:36Z","sha256":"7b6c6c0b05fe00f5684cba4cb57072838af08f3a0afee9f6b6cb9fbaa54f5597","source_id":"us-ky","stale":false,"prev":"us-ky/krs-350.506","next":"us-ky/krs-350.512"},"notice":"GroundRules: Original legal text. Not legal advice."}