{"data":{"id":"us-ky/krs-351.040","jurisdiction":"us-ky","citation":"KRS 351.040","heading":"Action to vacate order of department -- Appeal.","body":"(1) Any party in interest dissatisfied with an order of the department may commence an\nequitable action against the department and other interested parties as defendants, to\nvacate or set aside, in whole or in part, any such order. The action shall be brought\nin the Circuit Court of the county where the subject matter involved in the order, or\nthe well or workable coal bed or part thereof, is located. The court may grant relief\nfrom any unlawful or unreasonable order of the department, and render such\njudgment as appears to it to be equitable and just.\n(2) The pendency of the action shall not of itself suspend the operation of the order of\nthe department, but during the pendency of the action any party may secure from the\ncourt an order suspending or staying the  operation of the order of the department\npending the action by giving to the other parties adequate security, approved by the\ncourt, against loss due to the delay in enforcement of the order, in case the order\nunder review is not set aside, and the court may, without security being given,\nsuspend the operation of the order, in whole or in part, on such terms as it deems\njust and in accordance with the practice of courts of equity; provided, however, that\nthe operation of an order pertaining to safety in co al mines shall not be suspended\ntemporarily pending final decision of the court.\n(3) Appeals may be taken to the Court of Appeals as in other cases.","path":["KRS Chapter 351"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32891","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:36Z","sha256":"33020e0398f5e2803b257ab0d06ec089f15de9aa31a4ba4961de9d3ed26e7559","source_id":"us-ky","stale":false,"prev":"us-ky/krs-351.030","next":"us-ky/krs-351.050"},"notice":"GroundRules: Original legal text. Not legal advice."}