350.250 Complaints of violation -- Mandamus -- Civil action by person adversely
444 words·~2 min read·
/ky/350-250A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
affected by violation -- Intervention by cabinet.
(1)Any person with an interest which is or may be adversely affected having
knowledge that any of the provisions of this chapter or regulations adopted
thereunder are not being enforced by any public officer or employee, whose duty it
is to enforce such provisions of this chapter and regulations thereunder, may bring
such failure to enforce the law to the attention of such public officer or employee.
To provide against unreasonable and irresponsible demands being made, all such
demands to enforce the law must be in writing, under oath, with facts set forth
specifically stating the nature of the failure to enforce the law. If such public officer
or employee neglects or refuses for any unreasonable time but in no event longer
than sixty
(60)days after demand to enforce such provision, any such person shall
have the right to bring an action of mandamus in the Circuit Court of the county in
which the operation which relates to the alleged lack of enforcement is being
conducted; provided, that any action pursuant to this section may be brought
immediately after a demand for enforcement when the violation or order
complained of constitutes an imminent threat to the health or safety of the
complaining person or would immediately affect a legal interest of the complaining
person. The court, if satisfied that any provision of this chapter or regulation
thereunder is not being enforced, shall make an appropriate order compelling the
public officer or employee, whose duty it is to enforce such provision, to perform
his duties, and upon failure to do so such public officer or employee shall be held in
contempt of court and shall be subject to the penalties provided by the laws of the
Commonwealth in such cases.
(2)The court having jurisdiction of a complaint made pursuant to subsection
(1)of this
section may in its final order award costs of litigation (including attorney and expert
witness fees) to any party, whenever the court determines such an award is
appropriate.
(3)Any person who is or may be adversely affected by the violation by any person of
any rule, regulation, order or permit issued pursuant to this chapter may bring a civil
action for injunctive relief or for damages or both (including reasonable attorney
and expert witness fees) in the Circuit Court of the county in which the surface coal
mining operation complained of is located. Nothing in this subsection shall be
construed to be a waiver of sovereign immunity by the Commonwealth.
(4)In such action under this section, the cabinet, if not a party, may intervene as a
matter of right.