Kentucky Statutes 351.1041 – Mine Safety Review Commission
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(1) The Mine Safety Review Commission is created as an independent governmental entity attached to the Energy and Environment Cabinet, Office of the Secretary, for administrative purposes. The commission shall:
(a) Conduct hearings and issue orders regarding a licensee, coal operation, or other person involved in the mining of coal in accordance with KRS
351.194;
(b) Jointly with the department establish a process for the department’s referral of allegations of mine safety violations, allegations of unsafe working conditions, violation of a miner’s drug- and alcohol-free condition of certification, or supervisory personnel‘s failure to immediately report a fatal accident or an accident involving serious physical injury to the commission for adjudication;
(c) Make any recommendations to the department that it believes appropriate upon its review, consideration, and analysis of:
1. All reports of coal mining fatalities and serious physical injuries provided by the commissioner under KRS § 351.070(14);
2. Any case in which a miner or a mine owner or operator, in the professional opinion of the department has a history of significant and substantial safety violations even though there has been no serious physical injury or death resulting from the violations;
3. Any case in which a miner or a mine owner or operator has been convicted of a criminal charge for a violation of a federal mine safety standard or standards; and
4. Any case in which the Federal Mine Safety and Health Administration has made a recommendation relating to certification of an individual certified under this chapter.
(2) The Mine Safety Review Commission shall consist of three (3) members appointed by the Governor subject to the consent of the Senate and the House of Representatives in accordance with KRS § 11.160. Of the members of the Mine Safety Review Commission first appointed under this section, one (1) shall be appointed for a term of one (1) year; one (1) shall be appointed for a term of two (2) years; and one (1) shall be appointed for a term of three (3) years. After the initial appointments, members of the commission shall be appointed for terms of four (4) years. A member may be reappointed at the expiration of his or her previous term. Members shall continue to serve until a successor is appointed and qualified.
(3) The members of the Mine Safety Review Commission shall have the qualifications required of Judges of the Court of Appeals, except for residence in a district, and shall be subject to the same standards of conduct made applicable to a part-time judge by the Rules of the Kentucky Supreme Court. The members shall receive the per diem equivalent of the salary of a Judge of the Court of Appeals for each day spent in conducting the business of the commission.
(4) The Governor shall designate a member of the Mine Safety Review
Commission to serve as chair and shall fill any vacancy in the office of chair.
(5) The Governor may remove any member for good cause, including violation of the Code of Judicial Conduct and repeated failure to perform satisfactorily the specific duties assigned in this chapter or KRS Chapter 352. The Governor may remove the member only after furnishing him or her with a written copy of the charges against that member and holding a public hearing if requested by the member.
(6) The commission shall meet on the call of the chair or a majority of the members of the commission.
(7) The Energy and Environment Cabinet shall provide administrative services to the Mine Safety Review Commission. If the commission deems it necessary to employ hearing officers to assist it, the Energy and Environment Cabinet shall employ hearing officers to assist the commission in accordance with KRS Chapter 13B and this chapter, notwithstanding the provisions of KRS
13B.030(2)(b).
(8) The commission may conduct hearings, compel the attendance of witnesses, administer oaths, and conduct oversight activities as may be required to ensure the full implementation of its duties.
(9) The department shall provide the Mine Safety Review Commission with all information requested by the commission for the fulfillment of its responsibilities under this chapter and KRS Chapter 352.
(10) The secretary of the Energy and Environment Cabinet shall effectuate the hiring of any staff deemed necessary and affordable for the efficient operations of the Mine Safety Review Commission. This may include an executive director, general counsel, or other administrative support positions, to be appointed in accordance with KRS § 12.010 and KRS § 12.050.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 117, sec. 34, effective June 29, 2017. — Amended 2010 Ky. Acts ch. 24, sec. 1898, effective July 15, 2010. — Amended
2007 Ky. Acts ch. 94, sec. 5, effective June 26, 2007. — Amended 2006 Ky. Acts ch. 241, sec. 12, effective July 12, 2006. — Amended 2002 Ky. Acts ch. 353, sec. 1, effective July 15, 2002. — Created 2001 Ky. Acts ch. 149, sec. 2, effective March 20, 2001.
(a) Conduct hearings and issue orders regarding a licensee, coal operation, or other person involved in the mining of coal in accordance with KRS
Terms Used In Kentucky Statutes 351.1041
- 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
- Director: means the director of the Division of Mine Safety. See Kentucky Statutes 351.010
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Licensee: means any owner, operator, lessee, corporation, partnership, or other person who procures a license from the department to operate a coal mine. See Kentucky Statutes 351.010
- 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
- Operator: means the licensee, owner, lessee, or other person who operates or controls a coal mine. See Kentucky Statutes 351.010
- Oversight: Committee review of the activities of a Federal agency or program.
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- Serious physical injury: means an injury which has a reasonable potential to cause death. See Kentucky Statutes 351.010
- Supervisory personnel: means a person certified under the provisions of this chapter to assist in the supervision of a portion or the whole of the mine or of the persons employed therein. See Kentucky Statutes 351.010
- Year: means calendar year. See Kentucky Statutes 446.010
351.194;
(b) Jointly with the department establish a process for the department’s referral of allegations of mine safety violations, allegations of unsafe working conditions, violation of a miner’s drug- and alcohol-free condition of certification, or supervisory personnel‘s failure to immediately report a fatal accident or an accident involving serious physical injury to the commission for adjudication;
(c) Make any recommendations to the department that it believes appropriate upon its review, consideration, and analysis of:
1. All reports of coal mining fatalities and serious physical injuries provided by the commissioner under KRS § 351.070(14);
2. Any case in which a miner or a mine owner or operator, in the professional opinion of the department has a history of significant and substantial safety violations even though there has been no serious physical injury or death resulting from the violations;
3. Any case in which a miner or a mine owner or operator has been convicted of a criminal charge for a violation of a federal mine safety standard or standards; and
4. Any case in which the Federal Mine Safety and Health Administration has made a recommendation relating to certification of an individual certified under this chapter.
(2) The Mine Safety Review Commission shall consist of three (3) members appointed by the Governor subject to the consent of the Senate and the House of Representatives in accordance with KRS § 11.160. Of the members of the Mine Safety Review Commission first appointed under this section, one (1) shall be appointed for a term of one (1) year; one (1) shall be appointed for a term of two (2) years; and one (1) shall be appointed for a term of three (3) years. After the initial appointments, members of the commission shall be appointed for terms of four (4) years. A member may be reappointed at the expiration of his or her previous term. Members shall continue to serve until a successor is appointed and qualified.
(3) The members of the Mine Safety Review Commission shall have the qualifications required of Judges of the Court of Appeals, except for residence in a district, and shall be subject to the same standards of conduct made applicable to a part-time judge by the Rules of the Kentucky Supreme Court. The members shall receive the per diem equivalent of the salary of a Judge of the Court of Appeals for each day spent in conducting the business of the commission.
(4) The Governor shall designate a member of the Mine Safety Review
Commission to serve as chair and shall fill any vacancy in the office of chair.
(5) The Governor may remove any member for good cause, including violation of the Code of Judicial Conduct and repeated failure to perform satisfactorily the specific duties assigned in this chapter or KRS Chapter 352. The Governor may remove the member only after furnishing him or her with a written copy of the charges against that member and holding a public hearing if requested by the member.
(6) The commission shall meet on the call of the chair or a majority of the members of the commission.
(7) The Energy and Environment Cabinet shall provide administrative services to the Mine Safety Review Commission. If the commission deems it necessary to employ hearing officers to assist it, the Energy and Environment Cabinet shall employ hearing officers to assist the commission in accordance with KRS Chapter 13B and this chapter, notwithstanding the provisions of KRS
13B.030(2)(b).
(8) The commission may conduct hearings, compel the attendance of witnesses, administer oaths, and conduct oversight activities as may be required to ensure the full implementation of its duties.
(9) The department shall provide the Mine Safety Review Commission with all information requested by the commission for the fulfillment of its responsibilities under this chapter and KRS Chapter 352.
(10) The secretary of the Energy and Environment Cabinet shall effectuate the hiring of any staff deemed necessary and affordable for the efficient operations of the Mine Safety Review Commission. This may include an executive director, general counsel, or other administrative support positions, to be appointed in accordance with KRS § 12.010 and KRS § 12.050.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 117, sec. 34, effective June 29, 2017. — Amended 2010 Ky. Acts ch. 24, sec. 1898, effective July 15, 2010. — Amended
2007 Ky. Acts ch. 94, sec. 5, effective June 26, 2007. — Amended 2006 Ky. Acts ch. 241, sec. 12, effective July 12, 2006. — Amended 2002 Ky. Acts ch. 353, sec. 1, effective July 15, 2002. — Created 2001 Ky. Acts ch. 149, sec. 2, effective March 20, 2001.