805 KAR 8:050. Criteria for the

imposition and enforcement of sanctions against noncertified personnel.

 

      RELATES TO: KRS 351.1041, 351.194,

352.010-352.550

      STATUTORY AUTHORITY: KRS 351.025(1)(c),

351.070(13)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS

351.070(13) authorizes the Commissioner of the Department of Mines and Minerals

to promulgate administrative regulations he deems necessary and suitable for

the proper administration of KRS 351.090 to 351.9901.

KRS 351.025(1)(c) requires the Department of Mines and Minerals to promulgate

administrative regulations that establish comprehensive criteria for the

imposition and enforcement of sanctions against noncertified 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 against the noncertified

person equivalent to the value of the wages received by that person for up to

ten (10) working days.

      (2) If a noncertified person applies for

a foreman’s certificate, an inspector’s certificate, or any other certificate

under Kentucky’s mining laws, 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 Kentucky Mining Board shall consider that

adverse adjudication during its consideration of the individual’s application.

The Mining Board may grant or deny the application.

      (3) If a noncertified person applies for

a foreman’s certificate, an inspector’s certificate, or any other certificate under

Kentucky’s mining laws, 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 Kentucky Mining Board 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 Mining Board 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 Mining Board may grant

or deny the application.

      (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. (28 Ky.R. 2131; Am. 29 Ky.R.

715; eff. 9-16-02.)