Current through Register Vol. 50, No. 9, March 1, 2024
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in
pertinent part requires the cabinet to promulgate rules and administrative
regulations pertaining to surface coal mining and reclamation operations. This
administrative regulation pertains to suits brought by citizens pursuant to
KRS
350.250 and delineates the procedural
requirements of notice to the cabinet, including notice, service of notice,
sufficient pleadings, necessary allegations, specific allegations to be
contained on the notice, and identifying information about the person sending
the notice.
Section 1. Notice of
Citizen Suits.
(1) A person who intends to
initiate a civil action on his or her own behalf under
KRS
350.250 or other statutory provision
authorizing such an action shall give notice of intent to do so, in accordance
with this administrative regulation.
(2) Notice shall be given by certified mail
to the secretary in all cases and to the Attorney General as provided in CR
4.04(6).
(3) Notice shall be given
by certified mail to the alleged violator, if the complaint alleges a violation
of KRS Chapter 350 or any administrative regulation, order, or permit issued
under KRS Chapter 350.
(4) Service
of notice under this administrative regulation is complete upon mailing to the
last known address of the person being notified.
(5) A person giving notice regarding an
alleged violation shall state, to the extent known:
(a) Sufficient information to identify the
provision of KRS Chapter 350, administrative regulation, order, or permit
allegedly violated;
(b) The act or
omission alleged to constitute a violation;
(c) The name, address, and telephone number
of the person or persons responsible for the alleged violation;
(d) The date, time, and location of the
alleged violation;
(e) The name,
address, and telephone number of the person giving notice; and
(f) The name, address, and telephone number
of legal counsel, if any, of the person giving notice.
(6) A person giving notice of an alleged
failure by the secretary to perform a mandatory act or duty under KRS Chapter
350 shall state, to the extent known:
(a) The
provision of KRS Chapter 350 containing the mandatory act or duty allegedly not
performed;
(b) Sufficient
information to identify the omission alleged to constitute the failure to
perform a mandatory act or duty under KRS Chapter 350;
(c) The name, address, and telephone number
of the person giving notice; and
(d) The name, address, and telephone number
of legal counsel, if any, of the person giving notice.
STATUTORY AUTHORITY:
KRS
350.020,
350.028,
350.250,
350.465
