350.0301 Petition challenging determination of cabinet -- Conduct of hearings --
747 words·~3 min read·
/ky/350-0301A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Administrative regulations -- Secretary may designate deputy to sign final
orders.
(1)Any person who considers himself or herself aggrieved by any determination made
by the cabinet under this chapter may file, in accordance with administrative
regulations promulgated by the cabinet under the provisions of this chapter, a
petition alleging that the determination is contrary to law or fact and is injurious to
him, the grounds and reasons therefor, and demand a hearing. Unless the cabinet
considers that the petition is frivolous, it shall serve written notice of the petition on
each person named therein and shall schedule a hearing before the cabinet not less
than twenty-one
(21)days after the date of the notice unless the person complained
against waives in writing the twenty-one
(21)day period. The right to demand a
hearing pursuant to this section shall be limited to a period of thirty
(30)days after
the petitioner has had actual notice of the determination complained of, or could
reasonably have had notice. However, the petitioner shall have the opportunity to
contest the validity of an underlying notice of noncompliance in a timely-filed
demand for hearing to contest the validity of a cessation order issued for a failure to
abate the violation contained in the notice of noncompliance.
(2)All hearings, other than conferences, under this chapter shall be held before a
hearing officer, duly qualified to practice law in the Commonwealth of Kentucky,
who may be a full-time employee of the cabinet, serve by contract, or be paid on a
per diem basis in the discretion of the cabinet. After the conclusion of the hearing,
the hearing officer shall within thirty
(30)days make to the secretary a report and
recommended order which shall contain a finding of fact and a conclusion of law. If
the secretary finds upon written request of the hearing officer that additional time is
needed, the secretary may grant an extension. The hearing officer shall serve a copy
of his report and recommended order upon all parties of record and their attorney of
record to the proceeding, and they shall be granted the right to file exceptions
thereto within fourteen
(14)days of service. Any party may submit a written
response to exceptions within twenty-one
(21)days of service of the report and
recommended order. Exceptions and responses not timely filed shall be noted and
made a part of the record but shall not be considered by the secretary in making a
final order. The secretary shall consider the report, exceptions, and recommended
order and decide the case. The decision shall be served by mail upon all parties and
their attorney of record and shall be a final order of the cabinet.
(3)Any party to a hearing under this subsection may be represented by counsel, may
make oral or written argument, offer testimony, cross-examine witnesses, or take
any combination of these actions. The record of the hearing shall be open to public
inspection, and copies thereof shall be made available to any person upon payment
of the actual cost of reproducing the original.
(4)All hearings conducted pursuant to this chapter shall be open to the public.
(5)The cabinet shall promulgate administrative regulations, pursuant to the provisions
set forth in this chapter, establishing formal and informal hearing procedures by
which any hearing shall, upon the written request of the operator, permittee, or
person, be held in the county or regional office where the surface coal mining
operation is located, before an impartial hearing officer who is independent of any
prosecutorial functions of the cabinet. The administrative regulations shall provide
for the conduct of hearings and investigation of any matter relating to the regulation
of surface coal mining and reclamation operations and provide for the assessment
and payment of civil penalties. The procedures developed pursuant to this
subsection shall provide that the hearings be held in the most expeditious manner
possible within the time constraints established under this chapter. No person who
presided at a prior hearing shall either preside at a subsequent hearing or participate
in any further decision or subsequent administrative appeal in the same matter.
(6)The cabinet may promulgate administrative regulations pursuant to the provisions
set forth in this chapter establishing procedures for the holding of administrative
conferences needed to implement the provisions of this chapter.
(7)The secretary may designate a deputy to sign any or all final orders of the cabinet,
whether the orders are the result of hearing or agreement.