Kentucky Statutes 351.350 – Citation for violation — Action against violator
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(1) If upon inspection an authorized representative of the commissioner finds that an explosive user or seller has violated any requirement of KRS § 351.315 to KRS § 351.375, a citation shall be issued to the violator. Each citation shall describe the alleged violation, establish the time period permitted for correction by fixing a reasonable date by which the alleged violation shall be eliminated, if applicable, and propose the civil penalty to be paid. If within fifteen (15) working days from the receipt of the citation the explosive user or seller fails to notify the commissioner that he intends to contest the citation, then the citation shall be deemed a final order and not be subject to review by any court or agency.
(2) If the explosive user or seller notifies the commissioner that he intends to challenge a citation issued under KRS § 351.315 to KRS § 351.375, then it shall be the duty of the department or the cabinet’s Office of General Counsel upon the request of the commissioner, to bring an action for the recovery of the penalties provided for herein.
(3) It shall be the duty of the cabinet’s Office of General Counsel, upon the request of the commissioner, to bring an action for a restraining order, temporary or permanent injunction against any operator or other person violating or threatening to violate any of the provisions of KRS § 351.315 to KRS § 351.375.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 85, sec. 13, effective July 14, 2018. — Created
1976 Ky. Acts ch. 143, sec. 7.
(2) If the explosive user or seller notifies the commissioner that he intends to challenge a citation issued under KRS § 351.315 to KRS § 351.375, then it shall be the duty of the department or the cabinet’s Office of General Counsel upon the request of the commissioner, to bring an action for the recovery of the penalties provided for herein.
Terms Used In Kentucky Statutes 351.350
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Department: means the Department for Natural Resources. See Kentucky Statutes 351.010
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Operator: means the licensee, owner, lessee, or other person who operates or controls a coal mine. See Kentucky Statutes 351.010
- Violate: includes failure to comply with. See Kentucky Statutes 446.010
(3) It shall be the duty of the cabinet’s Office of General Counsel, upon the request of the commissioner, to bring an action for a restraining order, temporary or permanent injunction against any operator or other person violating or threatening to violate any of the provisions of KRS § 351.315 to KRS § 351.375.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 85, sec. 13, effective July 14, 2018. — Created
1976 Ky. Acts ch. 143, sec. 7.