Kentucky Administrative Regulations
Title 825 - ENERGY AND ENVIRONMENT CABINET - KENTUCKY MINE SAFETY REVIEW COMMISSION
Chapter 1 - Kentucky Mine Safety Review
Section 825 KAR 1:030 - Penalties for subsequent violations; criteria for modification of civil penalties and fines
Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 351.025(1), (2), 351.194
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.025(1)(a) requires the Mine Safety Review Commission to establish a maximum penalty for certified miners who commit subsequent offenses. KRS 351.025(1)(c) requires the Mine Safety Review Commission to establish a maximum penalty for noncertified personnel who commit subsequent offenses. KRS 351.194(6) authorizes the Mine Safety Review Commission to establish criteria that may be used to modify the civil penalties promulgated by the Kentucky Department for Natural Resources. This administrative regulation establishes the maximum penalties for certified and noncertified personnel who commit subsequent offenses. In addition, this administrative regulation establishes the criteria the commissioners may use to modify the penalties set forth in 805 KAR 8:030, 805 KAR 8:040, 805 KAR 8:050, and 805 KAR 8:060.
Section 1. Definitions.
Section 2. Certified Miners. The maximum penalty to be imposed upon a certified miner for subsequent offenses shall be revocation.
Section 3. Noncertified Personnel. The maximum penalty to be imposed upon noncertified personnel for subsequent offenses shall be a civil monetary fine against the noncertified person equivalent to the value of the wages received by that person, not to exceed sixty (60) working days.
Section 4. Modification of Civil Penalties and Fines. The maximum penalty for offenses established by 805 KAR 8:030, 805 KAR 8:040, 805 KAR 8:050, and 805 KAR 8:060, may be modified on a case-by-case basis using the following criteria:
STATUTORY AUTHORITY: KRS 351.025(1)(a), (c), 351.194(6)