Kentucky Statutes 351.030 – Hearings before department — Petition for intervention
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(1) All administrative hearings conducted by the department shall be conducted in accordance with KRS Chapter 13B and this section. Following the hearing, the department shall decide each matter in controversy. No person shall be discharged or otherwise discriminated against by his or her employer for testifying, or for his failure to testify, at these hearings.
(2) The executor or administrator of a deceased miner’s estate, or his or her designee, in the case of a fatality, miners that are injured as a result of an accident, and miners that are significantly affected by the conduct that gave rise to a disciplinary proceeding shall be granted the right of intervention in the penalty phase of that proceeding. The petition for intervention shall be made in accordance with KRS
13B.060(3). All hearings before the Mine Safety Review Commission shall be open proceedings. Any party with pertinent information regarding a mine accident may submit that information directly to the division‘s chief accident investigator.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 87, sec. 9, effective June 24, 2015. — Amended
2007 Ky. Acts ch. 94, sec. 2, effective June 26, 2007. — Amended 2000 Ky. Acts ch.
104, sec. 3, effective July 14, 2000. — Amended 1996 Ky. Acts ch. 308, sec. 2, effective April 9, 1996; and ch. 318, sec. 330, effective July 15, 1996. — Amended
1972 Ky. Acts ch. 298, sec. 2. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective
October 1, 1942, from Ky. Stat. sec. 3766b-16.
Legislative Research Commission Note (4/9/96). The action taken with respect to this statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under Section 51 of that Act. The Act, however, did not become effective until April 9,
1996, when the Governor’s signed copy of the Act was filed with the Secretary of
State.
(2) The executor or administrator of a deceased miner’s estate, or his or her designee, in the case of a fatality, miners that are injured as a result of an accident, and miners that are significantly affected by the conduct that gave rise to a disciplinary proceeding shall be granted the right of intervention in the penalty phase of that proceeding. The petition for intervention shall be made in accordance with KRS
Terms Used In Kentucky Statutes 351.030
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Commission: means the Mine Safety Review Commission created by KRS
351. See Kentucky Statutes 351.010 - Department: means the Department for Natural Resources. See Kentucky Statutes 351.010
- Division: means the Division of Mine Safety. See Kentucky Statutes 351.010
- Executor: A male person named in a will to carry out the decedent
- Mine: means any open pit or any underground workings from which coal is produced for sale, exchange, or commercial use, and all shafts, slopes, drifts, or inclines leading thereto, and includes all buildings and equipment, above or below the surface of the ground, used in connection with the workings. See Kentucky Statutes 351.010
- Statute: A law passed by a legislature.
- Testify: Answer questions in court.
13B.060(3). All hearings before the Mine Safety Review Commission shall be open proceedings. Any party with pertinent information regarding a mine accident may submit that information directly to the division‘s chief accident investigator.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 87, sec. 9, effective June 24, 2015. — Amended
2007 Ky. Acts ch. 94, sec. 2, effective June 26, 2007. — Amended 2000 Ky. Acts ch.
104, sec. 3, effective July 14, 2000. — Amended 1996 Ky. Acts ch. 308, sec. 2, effective April 9, 1996; and ch. 318, sec. 330, effective July 15, 1996. — Amended
1972 Ky. Acts ch. 298, sec. 2. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective
October 1, 1942, from Ky. Stat. sec. 3766b-16.
Legislative Research Commission Note (4/9/96). The action taken with respect to this statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under Section 51 of that Act. The Act, however, did not become effective until April 9,
1996, when the Governor’s signed copy of the Act was filed with the Secretary of
State.