Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 8 - Sanctions and Penalties › Section 805 KAR 8:040 - Criteria for the imposition and enforcement of sanctions against owners and part-owners of licensed premises

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 13B.090, 351.1041, 351.120, 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)(b) requires the Department
				for Natural Resources to promulgate administrative regulations that establish
				comprehensive criteria for the imposition and enforcement of sanctions against
				owners and part-owners of licensed premises 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 penalties and other consequences upon an
				adjudication by the Mine Safety Review Commission that an owner or part-owner
				of a licensed premises has committed this type of violation.
Section 1.
(1) If an owner or part-owner of a licensed
			 premises commits a first offense, as adjudicated by the Kentucky Mine Safety
			 Review Commission, the commission may impose a civil monetary penalty against
			 the owner or part-owner of not less than $2,500 and not more than
			 $10,000.
(2) If an owner or
			 part-owner of a licensed premises 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 an owner or
			 part-owner of a licensed premises applies for a license to operate a coal mine
			 in the Commonwealth of Kentucky 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 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.
(4) If an owner or
			 part-owner of a licensed premises commits a second offense, as adjudicated by
			 the Kentucky Mine Safety Review Commission, the commission may impose a civil
			 monetary penalty against the owner or part-owner of not less than $5,000 and
			 not more than $10,000.
(5) If an
			 owner or part-owner of a licensed premises 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.
(6) If an owner or
			 part-owner of a licensed premises applies for a license to operate a coal mine
			 in the Commonwealth of Kentucky 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 application. After
			 that second offense adjudication, there shall be a rebuttable presumption that
			 the applicant is not suitable to hold a mine license 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 may grant or deny the application in accordance with
			 KRS Chapter 351 and the administrative regulations promulgated under that
			 chapter.
(7) If an owner or
			 part-owner of a licensed premises commits a third offense, as adjudicated by
			 the Kentucky Mine Safety Review Commission, the commission may impose a civil
			 monetary penalty against the owner or part-owner of not less than $7,500 and
			 not more than $10,000.
(8) Upon the
			 adjudication by the Mine Safety Review Commission of a third offense committed
			 by an owner or part-owner of a licensed premises, whether those offenses were
			 committed at the same mine or at more than one (1) mine, the owner or
			 part-owner shall not be eligible to obtain or hold any mine certificate or mine
			 license within the Commonwealth of Kentucky.
(9) Penalties against owners or part-owners
			 of licensed premises, imposed pursuant to subsection (1), (4), or (7) of this
			 section, shall only be imposed for the individual acts of the owner or
			 part-owner, not for the acts of another.
(10) If an owner or part-owner of a licensed
			 premises is also a certified miner at the time of committing his first or
			 second offense, the Mine Safety Review Commission may additionally impose on
			 that owner or part-owner any nonmonetary penalties applicable to certified
			 miners pursuant to  805 KAR 8:030.