Kentucky Statutes 351.122 – Reciprocity for miners certified in other states — Requirements — Reciprocal disciplinary action
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(1) In lieu of an examination prescribed by law or regulation, the department may enter into a reciprocal agreement with another state regarding the certification of miners. The department may, pursuant to a reciprocal agreement, issue to any person holding a certificate issued by another state a certificate permitting him or her to perform similar tasks in the Commonwealth if:
(a) The department finds that the requirements for certification in the other state are substantially equivalent to those of Kentucky;
(b) The person passes only the applicable part of the examination with regard to Kentucky law which is uniquely different from the other state;
(c) The person has submitted proof, in accordance with KRS § 351.182, that he or she is drug and alcohol free;
(d) The person’s retraining is sufficient to meet Kentucky requirements; and
(e) The person’s certification in Kentucky or in any other state has not been suspended, revoked, or probated.
(2) Upon receipt of notice from a reciprocal state of a disciplinary action relating to any of the certifications or licenses issued to a miner who also holds corresponding licenses or certifications issued by the Division of Mine Safety, the commissioner shall impose analogous sanctions against the miner’s Kentucky licenses or certifications. These sanctions shall terminate upon proof of compliance with the orders from the reciprocal state.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 117, sec. 39, effective June 29, 2017. — Amended 2015 Ky. Acts ch. 87, sec. 18, effective June 24, 2015. — Amended
2012 Ky. Acts ch. 89, sec. 3, effective July 12, 2012. — Created 2007 Ky. Acts ch. 41, sec. 1, effective June 26, 2007.
(a) The department finds that the requirements for certification in the other state are substantially equivalent to those of Kentucky;
Terms Used In Kentucky Statutes 351.122
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- any other state: includes any state, territory, outlying possession, the District of Columbia, and any foreign government or country. See Kentucky Statutes 446.010
- Department: means the Department for Natural Resources. See Kentucky Statutes 351.010
- Division: means the Division of Mine Safety. See Kentucky Statutes 351.010
- 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
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(b) The person passes only the applicable part of the examination with regard to Kentucky law which is uniquely different from the other state;
(c) The person has submitted proof, in accordance with KRS § 351.182, that he or she is drug and alcohol free;
(d) The person’s retraining is sufficient to meet Kentucky requirements; and
(e) The person’s certification in Kentucky or in any other state has not been suspended, revoked, or probated.
(2) Upon receipt of notice from a reciprocal state of a disciplinary action relating to any of the certifications or licenses issued to a miner who also holds corresponding licenses or certifications issued by the Division of Mine Safety, the commissioner shall impose analogous sanctions against the miner’s Kentucky licenses or certifications. These sanctions shall terminate upon proof of compliance with the orders from the reciprocal state.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 117, sec. 39, effective June 29, 2017. — Amended 2015 Ky. Acts ch. 87, sec. 18, effective June 24, 2015. — Amended
2012 Ky. Acts ch. 89, sec. 3, effective July 12, 2012. — Created 2007 Ky. Acts ch. 41, sec. 1, effective June 26, 2007.