Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 8 - Sanctions and Penalties › Section 805 KAR 8:050 - Criteria for the imposition and enforcement of sanctions against noncertified personnel

Current through Register Vol. 51, No. 1, July 1, 2024
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.