KRS § 351.1041 — KY Code / Title XXVIII / Chapter 351 / Section 351.1041
351.1041 Mine Safety Review Commission
Status: in_force

351.1041 Mine Safety Review Commission.

(1) The Mine Safety Review Commission is created as an independent

governmental entity attached to the Energy and Environment Cabinet, Office of

the Secretary, for administrative purposes. The commission shall:

(a) Conduct hearings and issue orders regarding a licensee, coal operation,

or other person involved in the mining of coal in accordance with KRS

351.194;

(b) Jointly with the department establish a process for the department's

referral of allegations of mine safety violations, allegations of unsafe

working conditions, violation of a miner's drug- and alcohol-free condition

of certification, or supervisory personnel's failure to immediately report a

fatal accident or an accident involving serious physical injury to the

commission for adjudication;

(c) Make any recommendations to the department that it believes

appropriate upon its review, consideration, and analysis of:

1. All reports of coal mining fatalities and serious physical injuries

provided by the commissioner under KRS 351.070(14);

2. Any case in which a miner or a mine owner or operator, in the

professional opinion of the department has a history of significant

and substantial safety violations even though there has been no

serious physical injury or death resulting from the violations;

3. Any case in which a miner or a mine owner or operator has been

convicted of a criminal charge for a violation of a federal mine safety

standard or standards; and

4. Any case in which the Federal Mine Safety and Health

Administration has made a recommendation relating to certification

of an individual certified under this chapter.

(2) The Mine Safety Review Commission shall consist of three (3) members

appointed by the Governor subject to the consent of the Senate and the House

of Representatives in accordance with KRS 11.160. Of the members of the

Mine Safety Review Commission first appointed under this section, one (1)

shall be appointed for a term of one (1) year; one (1) shall be appointed for a

term of two (2) years; and one (1) shall be appointed for a term of three (3)

years. After the initial appointments, members of the commission shall be

appointed for terms of four (4) years. A member may be reappointed at the

expiration of his or her previous term. Members shall continue to serve until a

successor is appointed and qualified.

(3) The members of the Mine Safety Review Commission shall have the

qualifications required of Judges of the Court of Appeals, except for residence

in a district, and shall be subject to the same standards of conduct made

applicable to a part-time judge by the Rules of the Kentucky Supreme Court.

The members shall receive the per diem equivalent of the salary of a Judge of

the Court of Appeals for each day spent in conducting the business of the

commission.

(4) The Governor shall designate a member of the Mine Safety Review

Commission to serve as chair and shall fill any vacancy in the office of chair.

(5) The Governor may remove any member for good cause, including violation of

the Code of Judicial Conduct and repeated failure to perform satisfactorily the

specific duties assigned in this chapter or KRS Chapter 352. The Governor

may remove the member only after furnishing him or her with a written copy of

the charges against that member and holding a public hearing if requested by

the member.

(6) The commission shall meet on the call of the chair or a majority of the

members of the commission.

(7) The Energy and Environment Cabinet shall provide administrative services to

the Mine Safety Review Commission. If the commission deems it necessary to

employ hearing officers to assist it, the Energy and Environment Cabinet shall

employ hearing officers to assist the commission in accordance with KRS

Chapter 13B and this chapter, notwithstanding the provisions of KRS

13B.030(2)(b).

(8) The commission may conduct hearings, compel the attendance of witnesses,

administer oaths, and conduct oversight activities as may be required to ensure

the full implementation of its duties.

(9) The department shall provide the Mine Safety Review Commission with all

information requested by the commission for the fulfillment of its responsibilities

under this chapter and KRS Chapter 352.

(10) The secretary of the Energy and Environment Cabinet shall effectuate the

hiring of any staff deemed necessary and affordable for the efficient operations

of the Mine Safety Review Commission. This may include an executive

director, general counsel, or other administrative support positions, to be

appointed in accordance with KRS 12.010 and 12.050.