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351.1041 Mine Safety Review Commission.
(1)
(2)
(3)
(4)
The Mine Safety Review Commission is created as an independent
governmental entity attached to the Energy and Environment Cabinet, Office of
the Secretary, for administrative purposes. The commission shall:
(a) Conduct hearings and issue orders regarding a licensee, coal operation,
or other person involved in the mining of coal in accordance with KRS
351.194;
(b) Jointly with the department establish a process for the department's
referral of allegations of mine safety violations, allegations of unsafe
working conditions, violation of a miner's drug- and alcohol-free condition
of certification, or supervisory personnel's failure to immediately report a
fatal accident or an accident involving serious physical injury to the
commission for adjudication;
(c) Make any recommendations to the department that it believes
appropriate upon its review, consideration, and analysis of:
1.
All reports of coal mining fatalities and serious physical injuries
provided by the commissioner under KRS 351.070(14);
2.
Any case in which a miner or a mine owner or operator, in the
professional opinion of the department has a history of significant
and substantial safety violations even though there has been no
serious physical injury or death resulting from the violations;
3.
Any case in which a miner or a mine owner or operator has been
convicted of a criminal charge for a violation of a federal mine safety
standard or standards; and
4.
Any case in which the Federal Mine Safety and Health
Administration has made a recommendation relating to certification
of an individual certified under this chapter.
The Mine Safety Review Commission shall consist of three (3) members
appointed by the Governor subject to the consent of the Senate and the House
of Representatives in accordance with KRS 11.160. Of the members of the
Mine Safety Review Commission first appointed under this section, one (1)
shall be appointed for a term of one (1) year; one (1) shall be appointed for a
term of two (2) years; and one (1) shall be appointed for a term of three (3)
years. After the initial appointments, members of the board shall be appointed
for terms of four (4) years. A member may be reappointed at the expiration of
his or her previous term. Members shall continue to serve until a successor is
appointed and qualified.
The members of the Mine Safety Review Commission shall have the
qualifications required of Judges of the Court of Appeals, except for residence
in a district, and shall be subject to the same standards of conduct made
applicable to a part-time judge by the Rules of the Kentucky Supreme Court.
The members shall receive the per diem equivalent of the salary of a Judge of
the Court of Appeals for each day spent in conducting the business of the
commission.
The Governor shall designate a member of the Mine Safety Review
Commission to serve as chair and shall fill any vacancy in the office of chair.
(5)
The Governor may remove any member for good cause, including violation of
the Code of Judicial Conduct and repeated failure to perform satisfactorily the
specific duties assigned in this chapter or KRS Chapter 352. The Governor
may remove the member only after furnishing him or her with a written copy of
the charges against that member and holding a public hearing if requested by
the member.
(6) The commission shall meet on the call of the chair or a majority of the
members of the commission.
(7) The Energy and Environment Cabinet shall provide administrative services to
the Mine Safety Review Commission. If the commission deems it necessary to
employ hearing officers to assist it, the Energy and Environment Cabinet shall
employ hearing officers to assist the commission in accordance with KRS
Chapter 13B and this chapter, notwithstanding the provisions of KRS
13B.030(2)(b).
(8) The commission may conduct hearings, compel the attendance of witnesses,
administer oaths, and conduct oversight activities as may be required to ensure
the full implementation of its duties.
(9) The department shall provide the Mine Safety Review Commission with all
information requested by the commission for the fulfillment of its responsibilities
under this chapter and KRS Chapter 352.
(10) The secretary of the Energy and Environment Cabinet shall effectuate the
hiring of any staff deemed necessary and affordable for the efficient operations
of the Mine Safety Review Commission. This may include an executive
director, general counsel, or other administrative support positions, to be
appointed in accordance with KRS 12.010 and 12.050.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1898, effective July 15, 2010. -Amended 2007 Ky. Acts ch. 94, sec. 5, effective June 26, 2007. -- Amended
2006 Ky. Acts ch. 241, sec. 12, effective July 12, 2006. -- Amended 2002 Ky.
Acts ch. 353, sec. 1, effective July 15, 2002. -- Created 2001 Ky. Acts ch. 149,
sec. 2, effective March 20, 2001.
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