{"data":{"id":"us-ky/krs-351.1041","jurisdiction":"us-ky","citation":"KRS 351.1041","heading":"Mine Safety Review Commission.","body":"(1) The  Mine  Safety Review  Commission  is created as  an  independent\ngovernmental entity attached to the Energy and Environment Cabinet, Office of\nthe Secretary, for administrative purposes. The commission shall:\n(a) Conduct hearings and issue orders regarding a licensee, coal operation,\nor other person involved in the mining of coal in accordance with KRS\n351.194;\n(b) Jointly with the department establish a process for the department's\nreferral of allegations of mine safety violations, allegations of unsafe\nworking conditions, violation of a miner's drug- and alcohol-free condition\nof certification, or supervisory personnel's failure to immediately report a\nfatal accident or an accident involving serious physical injury to the\ncommission for adjudication;\n(c) Make  any  recommendations  to the department  that it believes\nappropriate upon its review, consideration, and analysis of:\n1. All reports of coal mining fatalities and serious physical injuries\nprovided by the commissioner under KRS 351.070(14);\n2. Any  case in which a miner or a mine owner or operator, in the\nprofessional opinion of the department has a history of significant\nand  substantial safety violations even though there has been no\nserious physical injury or death resulting from the violations;\n3. Any  case in which a miner or a mine owner or operator has been\nconvicted of a criminal charge for a violation of a federal mine safety\nstandard or standards; and\n4. Any  case  in which  the  Federal Mine  Safety and  Health\nAdministration has made  a recommendation relating to certification\nof an individual certified under this chapter.\n(2) The  Mine Safety Review Commission  shall consist of three (3) members\nappointed by the Governor subject to the consent of the Senate and the House\nof Representatives in accordance with KRS  11.160. Of the members  of the\nMine  Safety Review Commission first appointed under this section, one (1)\nshall be appointed for a term of one (1) year; one (1) shall be appointed for a\nterm of two (2) years; and one (1) shall be appointed for a term of three (3)\nyears. After the initial appointments, members  of the commission shall be\nappointed for terms of four (4) years. A member  may be reappointed at the\nexpiration of his or her previous term. Members  shall continue to serve until a\nsuccessor is appointed and qualified.\n(3) The  members  of the Mine  Safety Review  Commission  shall have  the\nqualifications required of Judges of the Court of Appeals, except for residence\nin a district, and shall be subject to the same  standards of conduct made\napplicable to a part-time judge by the Rules of the Kentucky Supreme  Court.\nThe members  shall receive the per diem equivalent of the salary of a Judge of\nthe Court of Appeals for each day spent in conducting the business of the\ncommission.\n(4) The  Governor  shall designate a  member  of the Mine  Safety Review\nCommission  to serve as chair and shall fill any vacancy in the office of chair.\n(5) The Governor may remove any member  for good cause, including violation of\nthe Code of Judicial Conduct and repeated failure to perform satisfactorily the\nspecific duties assigned in this chapter or KRS  Chapter 352. The Governor\nmay  remove the member  only after furnishing him or her with a written copy of\nthe charges against that member  and holding a public hearing if requested by\nthe member.\n(6) The  commission shall meet on the call of the chair or a majority of the\nmembers  of the commission.\n(7) The  Energy and Environment Cabinet shall provide administrative services to\nthe Mine Safety Review Commission. If the commission deems it necessary to\nemploy hearing officers to assist it, the Energy and Environment Cabinet shall\nemploy  hearing officers to assist the commission in accordance with KRS\nChapter  13B  and  this chapter, notwithstanding the provisions of KRS\n13B.030(2)(b).\n(8) The  commission may conduct hearings, compel the attendance of witnesses,\nadminister oaths, and conduct oversight activities as may be required to ensure\nthe full implementation of its duties.\n(9) The  department shall provide the Mine Safety Review Commission  with all\ninformation requested by the commission for the fulfillment of its responsibilities\nunder this chapter and KRS Chapter 352.\n(10) The  secretary of the Energy and Environment Cabinet shall effectuate the\nhiring of any staff deemed  necessary and affordable for the efficient operations\nof the Mine Safety Review  Commission. This may  include an executive\ndirector, general counsel, or other administrative support positions, to be\nappointed in accordance with KRS 12.010 and 12.050.","path":["KRS Chapter 351"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=46548","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:37Z","sha256":"db5da9acb3a69ecb2d8713adc807752258a3bd5c8dbbea715e0d6f61c85f000f","source_id":"us-ky","stale":false,"prev":"us-ky/krs-351.104","next":"us-ky/krs-351.1045"},"notice":"GroundRules: Original legal text. Not legal advice."}