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351.030 Hearings before department -- Petition for intervention.
(1)
(2)
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.
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 Office of
Mine Safety and Licensing's chief accident investigator.
Effective:June 26, 2007
History: 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.
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