Kentucky Statutes > Chapter 352 – Mining Regulations
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Terms Used In Kentucky Statutes > Chapter 352 - Mining Regulations
- Abandoned workings: means excavations, either caved or sealed, that are deserted and in which further mining is not intended, or open workings which are ventilated and not inspected regularly. See Kentucky Statutes 352.010
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Active workings: means all places in a mine that are ventilated and inspected regularly. See Kentucky Statutes 352.010
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Approved: means that a device, apparatus, equipment, machinery, or practice employed in the mining of coal has been approved by the commissioner of the Department for Natural Resources. See Kentucky Statutes 352.010
- Assistant mine foreman: means a certified person designated to assist the mine foreman in the supervision of a portion or the whole of a mine or of the persons employed therein. See Kentucky Statutes 352.010
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Certified mail: means any method of governmental, commercial, or electronic delivery that allows a document or package to have proof of:
(a) Sending the document or package. See Kentucky Statutes 446.010 - Committee substitute: Short for committee amendment in the nature of a substitute.
- Company: may extend and be applied to any corporation, company, person, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the Department for Natural Resources. See Kentucky Statutes 352.010
- Director: means the director of the Division of Mine Safety. See Kentucky Statutes 352.010
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Drift: means an opening through strata or coal seams with opening grades sufficient to permit coal to be hauled therefrom, or which is used for the purpose of ventilation, drainage, ingress, egress, and other purposes in connection with the mining of coal. See Kentucky Statutes 352.010
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Face equipment: means mobile or portable mining machinery having electric motors or accessory equipment normally installed or operated inby the last open crosscut in any entry or room. See Kentucky Statutes 352.010
- Federal: refers to the United States. See Kentucky Statutes 446.010
- High voltage: means any voltage of one thousand (1,000) volts or more. See Kentucky Statutes 352.010
- Imminent danger: means the existence of any condition or practice which could reasonably be expected to cause death or serious physical injury before the condition or practice can be abated. See Kentucky Statutes 352.010
- Intake air: means air that has not passed through the last working place of the split or by the unsealed entrances to abandoned workings and by analysis
contains not less than nineteen and one-half percent (19. See Kentucky Statutes 352.010 - Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- 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 352.010
- Medium voltage: means voltages greater than six hundred sixty (660) and up to nine hundred ninety-nine (999) volts. See Kentucky Statutes 352.010
- 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 352.010
- Mine foreman: means a certified person whom the licensee, mine manager, or superintendent places in charge of the workings of the mine and of persons employed therein. See Kentucky Statutes 352.010
- Mine manager: means a certified or noncertified person whom the licensee places in charge of a mine or mines and whose duties include but are not limited to operations at the mine or mines and supervision of personnel when qualified to do so. See Kentucky Statutes 352.010
- Month: means calendar month. See Kentucky Statutes 446.010
- Operator: means the licensee, owner, lessee, or other person who operates or controls a coal mine. See Kentucky Statutes 352.010
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- Permissible: means that any equipment, device, or explosive that has been approved by the United States Bureau of Mines, the Mining Enforcement and Safety Administration, or the Mine Safety and Health Administration meets all requirements, restrictions, exceptions, limitations, and conditions attached to the classification. See Kentucky Statutes 352.010
- Preshift examination: refers to the examination of an underground mine or part of a mine where miners are scheduled to work or travel, and shall be conducted not more than three (3) hours before any oncoming shift. See Kentucky Statutes 352.010
- Probate: Proving a will
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Registered mail: means any governmental, commercial, or electronic method of delivery that allows a document or package to have:
(a) Its chain of custody recorded in a register to enable its location to be tracked. See Kentucky Statutes 446.010 - Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Return air: means air that has passed through the last active working place on each split, or air that has passed through abandoned, inaccessible, or pillared workings. See Kentucky Statutes 352.010
- Serious physical injury: means an injury which has a reasonable potential to
cause death. See Kentucky Statutes 352.010 - Shaft: means a vertical opening through the strata that is or may be used, in connection with the mining of coal, for the purpose of ventilation or drainage, or for hoisting men, coal, or materials. See Kentucky Statutes 352.010
- Single Zone Projection: means the Kentucky Single Zone State Plane Coordinate System of 1983, based on the Lambert Conformal Conical map projection with double standard parallels on the North American Datum, 1983 version, as established in 10 KAR 5:010. See Kentucky Statutes 352.010
- Slope: means an inclined opening used for the same purpose as a shaft. See Kentucky Statutes 352.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
- Summons: Another word for subpoena used by the criminal justice system.
- Superintendent: means the person who, on behalf of the licensee, has immediate supervision of one (1) or more mines. See Kentucky Statutes 352.010
- Supervisory personnel: shall mean a person or persons certified under the provisions of KRS Chapter 351 to assist in the supervision of a portion or the whole of the mine or of the persons employed therein. See Kentucky Statutes 352.010
- Violate: includes failure to comply with. See Kentucky Statutes 446.010
- Working face: means any place in a coal mine at which the extraction of coal from its natural deposit in the earth is performed during the mining cycle. See Kentucky Statutes 352.010
- Working place: means the area of a coal mine inby the last open crosscut. See Kentucky Statutes 352.010
- Working section: means all areas of a coal mine from the loading point to
and including the working faces. See Kentucky Statutes 352.010 - Workmanlike manner: means consistent with established practices and methods utilized in the coal industry. See Kentucky Statutes 352.010