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351.040 Action to vacate order of department -- Appeal.
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Any party in interest dissatisfied with an order of the department may
commence an equitable action against the department and other interested
parties as defendants, to vacate or set aside, in whole or in part, any such
order. The action shall be brought in the Circuit Court of the county where the
subject matter involved in the order, or the well or workable coal bed or part
thereof, is located. The court may grant relief from any unlawful or
unreasonable order of the department, and render such judgment as appears
to it to be equitable and just.
The pendency of the action shall not of itself suspend the operation of the
order of the department, but during the pendency of the action any party may
secure from the court an order suspending or staying the operation of the order
of the department pending the action by giving to the other parties adequate
security, approved by the court, against loss due to the delay in enforcement of
the order, in case the order under review is not set aside, and the court may,
without security being given, suspend the operation of the order, in whole or in
part, on such terms as it deems just and in accordance with the practice of
courts of equity; provided, however, that the operation of an order pertaining to
safety in coal mines shall not be suspended temporarily pending final decision
of the court.
Appeals may be taken to the Court of Appeals as in other cases.
Effective:July 14, 2000
History: Amended 2000 Ky. Acts ch. 104, sec. 4, effective July 14, 2000. -Amended 1952 Ky. Acts ch. 162, sec. 2. -- Recodified 1942 Ky. Acts ch. 208,
sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3766b-17.
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