{"data":{"id":"us-ky/krs-351.184","jurisdiction":"us-ky","citation":"KRS 351.184","heading":"Division to notify applicant of test results when granting or denying","body":"certification -- Notification of options -- Issuance after evaluation, treatment,\nand testing -- Right of appeal.\n(1) The results of any testing performed by the division shall be  given to the applicant\nat the time of his or her notification of the granting or denial of certification.\n(2) Certification of an applicant shall be denied if any one (1) or more of the following\noccur:\n(a) The applicant's positive drug test results for a ny of the substances either listed\nin KRS 351.182(8) or otherwise required to be tested for by order of the Mine\nSafety Review Commission are deemed to fail by a medical review officer;\n(b) The applicant's blood alcohol level is above .04 concentration at the time of\ntesting;\n(c) The applicant's test results demonstrate the submission of an adulterated\nspecimen; or\n(d) The applicant refuses to submit to a drug or alcohol test as required by KRS\n351.182.\n(3) (a) Any applicant who is denied certification due to the results of the drug and\nalcohol testing required by KRS 351.182 may:\n1. Appeal to the Mine Safety Review Commission within thirty (30) days\nof receiving the notification required under KRS 351.120(12); or\n2. Notify the commissioner of the Department for Natural Resources or the\ndirector of the division within thirty (30) of receiving the notification\nrequired under KRS 351.120(12) that the applicant intends to be\nevaluated by a medical professional trained in substance abuse\ntreatment, to complete an y prescribed treatment, and to submit an\nacceptable result from a drug and alcohol test as required by KRS\n351.182.\n(b) Failure to file an appeal or failure to notify the commissioner of the\nDepartment for Natural Resources or the director of the division of his or her\nintent to comply with paragraph (a)2. of this subsection within thirty (30) days\nof the notification shall result in the revocation of all licenses and\ncertifications issued by the division for a period of not less than three (3)\nyears, and the holder shall remain ineligible for any other certification issued\nby the division during the revocation period. Certifications and licenses\nrevoked under this paragraph may be reissued by:\n1. Compliance with all training and testing requirements;\n2. Satisfying the requirements of KRS 351.182 and 351.183; and\n3. Compliance with all orders of the Mine Safety Review Commission.\n(c) For the purposes of this subsection, the completion of evaluation, treatment,\nand submission of an acceptable drug test purs uant to paragraph (a)2. of this\nsubsection or the revocation described under paragraph (b) of this subsection\nshall be considered a first offense.\n(4) The licenses and certifications of a miner who notifies the commissioner of the\nDepartment for Natural Resources or the director of the division of his or her intent\nto comply with subsection (3)(a)2. of this section shall remain suspended until the\nminer has provided proof of the evaluation and successful completion of any\nprescribed treatment and has submit ted a negative drug and alcohol test as required\nby KRS 351.182 to the division. The drug and alcohol test shall be taken no more\nthan thirty (30) days prior to the submission of the proof required by this section.\nUpon receipt and review of the proof by t he division, the miner's licenses and\ncertifications shall be restored. In the event that the miner fails to successfully\ncomplete the evaluation, treatment, and drug test within one hundred twenty (120)\ndays of the notification required under KRS 351.120( 12), the miner's licenses and\ncertifications issued by the division shall be revoked for a period prescribed under\nKRS 351.990(8). The one hundred twenty (120) day time period set out in this\nsection shall be extended upon proof that the miner is complying  with the\nrecommendations of the medical professional.\n(5) If the denial described in subsection (3) of this section occurs following the miner's\nfirst offense as described in this section or KRS 351.120, the miner shall not have\nthe option of notifying th e division of his or her intent to comply with subsection\n(3)(a)2. of this section. The miner shall only have the right to appeal the denial to\nthe Mine Safety Review Commission within thirty (30) days of notification. If the\nminer fails to appeal the deni al, the penalty shall be assessed according to KRS\n351.990(8)(b) or (c).","path":["KRS Chapter 351"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44540","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:37Z","sha256":"aaa7e07f0f4cf643420d19a695ea047b0720466fae965d42c769b310ee0138a7","source_id":"us-ky","stale":false,"prev":"us-ky/krs-351.183","next":"us-ky/krs-351.185"},"notice":"GroundRules: Original legal text. Not legal advice."}