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Code · Kentucky · Chapter 351 — Department for natural resources

351.350 Citation for violation -- Action against violator.

229 words·~1 min read·/ky/chapter-351/351-350

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(1)If upon inspection an authorized representative of the commissioner finds that an
explosive user or seller has violated any requirement of KRS 351.315 to 351.375, a
citation shall be issued to the violator. Each citation shall describe the alleged
violation, establish the time period permitted for correction by fixing a reasonable
date by which the alleged violation shall be eliminated, if applicable, and propose
the civil penalty to be paid. If within fifteen
(15)working days from the receipt of
the citation the explosive user or seller fails to notify the commissioner that he
intends to contest the citation, then the citation shall be deemed a final order and not
be subject to review by any court or agency.
(2)If the explosive user or seller notifies the commissioner that he intends to challenge
a citation issued under KRS 351.315 to 351.375, then it shall be the duty of the
department or the cabinet's Office of General Counsel upon the request of the
commissioner, to bring an action for the recovery of the penalties provided for
herein.
(3)It shall be the duty of the cabinet's Office of General Counsel, upon the request of
the commissioner, to bring an action for a restraining order, temporary or permanent
injunction against any operator or other person violating or threatening to violate
any of the provisions of KRS 351.315 to 351.375.
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