2013 Kentucky Revised Statutes CHAPTER 151 - GEOLOGY AND WATER RESOURCES 151.182 Notice of violation and hearing thereon -- Demand for hearing on denial, modification or revocation of permit.
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151.182 Notice of violation and hearing thereon -- Demand for hearing on
denial, modification or revocation of permit.
(1)
(2)
Whenever the cabinet has reason to believe that a violation of any of the
provisions of this chapter or any regulation promulgated pursuant thereto has
occurred, it may issue and serve upon the person complained against a written
notice of the provision of this chapter or the regulation alleged to have been
violated and the facts alleged to constitute the violation thereof. Further, this
notice shall require the person so complained against to answer the charges
set out in the notice at a hearing before the cabinet at a time not less than thirty
(30) days after the date of notice unless the person complained against waives
in writing the thirty (30) day period.
Except as provided in KRS 151.297 regarding emergency situations, any
person not previously heard in connection with the issuance of any order or the
making of any final determination by which he considers himself aggrieved may
file with the cabinet a petition alleging that the order or final determination is
contrary to law or fact and is injurious to him, alleging the grounds and reasons
therefor, and demand a hearing. An order or final determination includes, but is
not limited to, the issuance, denial, modification, or revocation of a permit, but
does not include the issuance of a notice of violation, the issuance of a letter
identifying deficiencies in an application for a permit, a registration or a
certification, or other nonfinal determinations. Unless the cabinet considers that
the petition is frivolous, it shall serve written notice of the petition on each
person named therein and shall schedule a hearing before the cabinet not less
than thirty (30) days after the date of such notice, or unless the person
complained against waives in writing the thirty (30) day period. The right to
demand a hearing pursuant to this section shall be limited to a period of thirty
(30) days after the petitioner has had actual notice of the order or final
determination complained of, or could reasonably have had such notice.
Effective:July 14, 1992
History: Amended 1992 Ky. Acts ch. 215, sec. 3, effective July 14, 1992. -Created 1980 Ky. Acts ch. 253, sec. 1, effective July 15, 1980.
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