KRS § 351.990 — KY Code / Title XXVIII / Chapter 351 / Section 351.990
351.990 Penalties
Status: in_force

351.990 Penalties.

(1) Any person who violates any of the provisions of KRS 351.315 to 351.375 or any

administrative regulation, determination, or order promulgated in accordance with

KRS 351.315 to 351.375 shall be subject to a civil fine not less than two hundred

fifty dollars ($250) nor more than five thousand dollars ($5,000) for each violation.

(2) Any person who willfully violates any of the provisions of KRS 351.315 to 351.375

or any administrative regulation, determination, or order promulgated in accordance

with KRS 351.315 to 351.375 which has become final shall be guilty of a Class A

misdemeanor.

(3) Any person who violates any of the provisions of KRS 351.330(16) shall be guilty

of a Class B misdemeanor.

(4) Any person who violates any of the provisions of KRS 351.345(2) shall be guilty of

a Class D felony.

(5) Any operator who fails to obtain his license as required by KRS 351.175 shall be

guilty of a Class A misdemeanor as defined in KRS 532.090. Each day the mine is

operated without a license constitutes a separate offense. Venue for the offenses

shall lie in the county in which the offense occurred.

(6) Any operator operating a mine with knowledge that the mine has been placed under

a valid closure order pursuant to KRS 351.175 shall be guilty of a Class D felony.

Jurisdiction shall lie in the Circuit Court of the county in which the offense

occurred.

(7) Any blasting operation that results in the death or serious physical injury of a person

may be subject to a civil fine not more than twenty thousand dollars ($20,000). For

the purposes of this subsection, "serious physical injury" means an injury which has

a reasonable potential to cause death.

(8) Any person who fails a drug or alcohol test required by KRS 351.182, 351.183,

351.184, 351.185, or 352.180 shall be subject to the following penalties if an appeal

to the Mine Safety Review Commission is chosen and the appeal is not successful:

(a) A first offense shall result in probation, suspension, or combination of both, as

well as other conditions and time constraints as ordered by the Mine Safety

Review Commission. During this time, the person shall be ineligible for any

license or certification issued by the division. All licenses and certifications

shall be restored upon compliance with the orders of the Mine Safety Review

Commission. The failure to pursue an appeal will result in revocation of all

licenses or certifications issued by the division for three (3) years;

(b) A second offense shall result in the revocation of all certifications and licenses

issued by the division for a period of five (5) years. During this time, the

person shall be ineligible for any license or certification issued by the division.

Certifications and licenses revoked under this provision may be reissued by:

1. Compliance with all training and testing requirements;

2. Satisfying the requirements of KRS 351.182 and 351.183;

3. Compliance with all orders of the Mine Safety Review Commission; and

(c) A third offense shall result in the permanent revocation of all licenses and

certifications issued by the division. The person shall be permanently

ineligible for licenses and certifications issued by the division.

The Mine Safety Review Commission shall not have the authority to reconsider any

order permanently revoking a miner's license or certifications issued by the division

if the commission's order is final unless, at the time of the entry of the order, the

miner was incarcerated or hospitalized, or the miner did not receive actual notice of

the motion or other filing seeking permanent revocation, or did not actually receive

notification by the commissioner of the Department for Natural Resources pursuant

to KRS 351.120.