351.990 Penalties.
614 words·~3 min read·
/ky/chapter-351/351-990A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Any person who violates any of the provisions of KRS 351.315 to 351.375 or any
administrative regulation, determination, or order promulgated in accordance with
KRS 351.315 to 351.375 shall be subject to a civil fine not less than two hundred
fifty dollars ($250) nor more than five thousand dollars ($5,000) for each violation.
(2)Any person who willfully violates any of the provisions of KRS 351.315 to 351.375
or any administrative regulation, determination, or order promulgated in accordance
with KRS 351.315 to 351.375 which has become final shall be guilty of a Class A
misdemeanor.
(3)Any person who violates any of the provisions of KRS 351.330(16) shall be guilty
of a Class B misdemeanor.
(4)Any person who violates any of the provisions of KRS 351.345(2) shall be guilty of
a Class D felony.
(5)Any operator who fails to obtain his license as required by KRS 351.175 shall be
guilty of a Class A misdemeanor as defined in KRS 532.090. Each day the mine is
operated without a license constitutes a separate offense. Venue for the offenses
shall lie in the county in which the offense occurred.
(6)Any operator operating a mine with knowledge that the mine has been placed under
a valid closure order pursuant to KRS 351.175 shall be guilty of a Class D felony.
Jurisdiction shall lie in the Circuit Court of the county in which the offense
occurred.
(7)Any blasting operation that results in the death or serious physical injury of a person
may be subject to a civil fine not more than twenty thousand dollars ($20,000). For
the purposes of this subsection, "serious physical injury" means an injury which has
a reasonable potential to cause death.
(8)Any person who fails a drug or alcohol test required by KRS 351.182, 351.183,
351.184, 351.185, or 352.180 shall be subject to the following penalties if an appeal
to the Mine Safety Review Commission is chosen and the appeal is not successful:
(a)A first offense shall result in probation, suspension, or combination of both, as
well as other conditions and time constraints as ordered by the Mine Safety
Review Commission. During this time, the person shall be ineligible for any
license or certification issued by the division. All licenses and certifications
shall be restored upon compliance with the orders of the Mine Safety Review
Commission. The failure to pursue an appeal will result in revocation of all
licenses or certifications issued by the division for three
(3)years;
(b)A second offense shall result in the revocation of all certifications and licenses
issued by the division for a period of five
(5)years. During this time, the
person shall be ineligible for any license or certification issued by the division.
Certifications and licenses revoked under this provision may be reissued by:
1. Compliance with all training and testing requirements;
2. Satisfying the requirements of KRS 351.182 and 351.183;
3. Compliance with all orders of the Mine Safety Review Commission; and
(c)A third offense shall result in the permanent revocation of all licenses and
certifications issued by the division. The person shall be permanently
ineligible for licenses and certifications issued by the division. The Mine Safety Review Commission shall not have the authority to reconsider any order permanently revoking a miner's license or certifications issued by the division if the commission's order is final unless, at the time of the entry of the order, the miner was incarcerated or hospitalized, or the miner did not receive actual notice of the motion or other filing seeking permanent revocation, or did not actually receive notification by the commissioner of the Department for Natural Resources pursuant to KRS 351.120.