{"data":{"id":"us-ky/krs-351.194","jurisdiction":"us-ky","citation":"KRS 351.194","heading":"Administrative hearing procedures -- Hearing regarding licensee, coal","body":"operation, or other person -- Order -- Enforcement -- Civil penalty or fine.\n(1) The Mine Safety Review Commission shall promulgate administrative regulations\nin accordance with KRS  Chapter 13A to establish administrative hearings\nprocedures to be followed in determining if violations of mine safety laws,\nincluding, but not limited to, violations that meet the criteria established in KRS\n351.025(1) or (2), have occurred and to establ ish a process to review recommended\norders from any hearing officers acting on behalf of the commission. The\nprocedures shall follow the requirements of KRS Chapter 13B and this chapter.\n(2) The chair or a majority of the Mine Safety Review Commission may convene a\nmeeting of the commission at which it shall consider whether to schedule a hearing\nregarding any licensee, coal operation, or other person involved in the mining of\ncoal.\n(3) If the commission determines that there is probable cause to believe th at the\nlicensee, coal operation, or other person against whom the department has made\nallegations of unsafe work practices or other violation of applicable law is guilty of\nan alleged violation, the commission shall schedule a hearing at which the\ndepartment shall offer evidence in support of the allegations made by it. The\nlicensee, coal operation, or other person against whom the allegations are made\nshall be given not less than twenty (20) days' written notice of the charges against\nhim, together with the date, time, and place at which the charges shall be heard, and\nof his opportunity to be represented by counsel, produce evidence and witnesses on\nhis behalf, and examine the evidence and documents that may be produced against\nhim. The commission may also be represented by counsel and shall not be bound by\nthe technical rules of evidence, but its order shall be based upon competent\nevidence. Any licensee or other person summoned to appear at a hearing in the\nmanner established in this subsection may, in wr iting, waive the notice required to\nbe given to him.\n(4) The commission may proceed with its hearing of charges made by the department\nagainst any licensee, coal operation, or other person who, after being duly notified\nin accordance with the requirements of this section, fails to appear at or participate\nin the hearing and who fails to assert any legitimate basis for the failure.\n(5) Within ninety (90) days after hearing, the commission shall issue an order in which\nit sets out its determinations concerning each matter coming before it. Copies of the\norder shall be provided to all parties to the hearing. The department shall carry out\nor enforce, as appropriate, the order of the commission, which may include, though\nnot be limited to, the imposition of civi l penalties, revocation, suspension, or\nprobation of the mine license or the miner's certification.\n(6) The commission may modify a civil penalty or fine established under this chapter,\nunder criteria established by the commission by administrative regulations.\n(7) In assessing monetary penalties within the limits provided in KRS 351.025, the\ncommission shall consider the operator's history of previous violations, the\nappropriateness of the penalty to the size of the operator charged, whether the\noperator was negligent, the effect on the operator's ability to continue in business,\nthe gravity of the violation, the demonstrated good faith of the person charged in\nattempting to achieve rapid compliance after notification of a violation, and whether\na penalty h as been imposed by the Federal Mine Safety and Health Act for a\nviolation that arose out of the same set of facts or circumstances.\n(8) An appeal of an order of the commission shall be filed in the Franklin Circuit Court\nwithin thirty (30) days of entry of the order.","path":["KRS Chapter 351"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32940","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:37Z","sha256":"a41b9a254eb007bc2897106af76618702e404ffcc11e7bea10ef1492d69e603d","source_id":"us-ky","stale":false,"prev":"us-ky/krs-351.193","next":"us-ky/krs-351.195"},"notice":"GroundRules: Original legal text. Not legal advice."}