Current through Register Vol. 50, No. 6, December 1, 2023
RELATES TO: KRS 13B.090, 351.1041, 351.194,
352.010-352.540
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.070(13) authorizes
the Secretary of the Energy and Environment Cabinet to promulgate
administrative regulations he deems necessary and suitable for the proper
administration of KRS Chapter 351. KRS 351.025(1)(c) requires the Department
for Natural Resources to promulgate administrative regulations that establish
comprehensive criteria for the imposition and enforcement of sanctions against
non-certified personnel whose intentional violation of, or order to violate,
mine safety laws places miners in imminent danger of serious injury or death.
This administrative regulation establishes the criteria for the imposition of
civil monetary fines and other consequences upon an adjudication by the Mine
Safety Review Commission that a noncertified person has committed this type of
violation.
Section 1.
(1) If a noncertified person commits a first
offense, as adjudicated by the Kentucky Mine Safety Review Commission, the
commission may impose a civil monetary fine, in accordance with KRS 351.025(1)(c).
(2) If a
noncertified person applies for a foreman's certificate, an inspector's
certificate, or any other certificate under KRS Chapter 351 and Chapter 352,
subsequent to a first offense adjudication by the Mine Safety Review Commission
that he intentionally violated, or ordered another person to violate, a mine
safety law which placed a miner in imminent danger of serious injury or death,
the Division of Mine Safety shall consider that adverse adjudication during its
consideration of the individual's application. The Division of Mine Safety may
grant or deny the application in accordance with KRS Chapter 351 and the
administrative regulations promulgated under that chapter.
(3) If a noncertified person applies for a
foreman's certificate, an inspector's certificate, or any other certificate
under KRS Chapter 351 and Chapter 352, subsequent to a second offense
adjudication by the Mine Safety Review Commission that he intentionally
violated, or ordered another person to violate, a mine safety law which placed
a miner in imminent danger of serious injury or death, the Division of Mine
Safety shall consider that adverse adjudication during its consideration of the
individual's application. After that second offense adjudication, there shall
be a rebuttable presumption that the applicant is not suitable to be certified
in the Commonwealth of Kentucky, and the applicant shall appear at a hearing
before the Mine Safety Review Commission and present evidence as to his
suitability. The applicant shall bear the burden of proof in the proceeding, in
accordance with KRS 13B.090(7). The Division of Mine Safety may grant or deny
the application in accordance with KRS Chapter 351 and the administrative
regulations promulgated under that chapter.
(4) Upon the adjudication by the Mine Safety
Review Commission of a third offense committed by a noncertified person, that
person shall not be eligible to obtain or hold any mine certification within
the Commonwealth of Kentucky.
(5) A
noncertified person who is also an owner or part-owner of a licensed premises
shall be penalized under the provisions applicable to owners and part-owners,
pursuant to 805 KAR 8:040, rather than under the provisions applicable to
noncertified personnel, pursuant to subsections (1) through (4) of this
section.
28 Ky.R. 2131; 29 Ky.R.
715; eff. 9-16-2002; 44 Ky.R. 696, 1527; eff. 2-2-2018; Crt eff.
6-27-2018.
STATUTORY AUTHORITY: KRS 351.025(1)(c),
351.070(13)
