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350.250 Complaints of violation -- Mandamus -- Civil action by person
adversely affected by violation -- Intervention by cabinet.
(1)
(2)
(3)
(4)
Any person with an interest which is or may be adversely affected having
knowledge that any of the provisions of this chapter or regulations adopted
thereunder are not being enforced by any public officer or employee, whose
duty it is to enforce such provisions of this chapter and regulations thereunder,
may bring such failure to enforce the law to the attention of such public officer
or employee. To provide against unreasonable and irresponsible demands
being made, all such demands to enforce the law must be in writing, under
oath, with facts set forth specifically stating the nature of the failure to enforce
the law. If such public officer or employee neglects or refuses for any
unreasonable time but in no event longer than sixty (60) days after demand to
enforce such provision, any such person shall have the right to bring an action
of mandamus in the Circuit Court of the county in which the operation which
relates to the alleged lack of enforcement is being conducted; provided, that
any action pursuant to this section may be brought immediately after a demand
for enforcement when the violation or order complained of constitutes an
imminent threat to the health or safety of the complaining person or would
immediately affect a legal interest of the complaining person. The court, if
satisfied that any provision of this chapter or regulation thereunder is not being
enforced, shall make an appropriate order compelling the public officer or
employee, whose duty it is to enforce such provision, to perform his duties, and
upon failure to do so such public officer or employee shall be held in contempt
of court and shall be subject to the penalties provided by the laws of the
Commonwealth in such cases.
The court having jurisdiction of a complaint made pursuant to subsection (1) of
this section may in its final order award costs of litigation (including attorney
and expert witness fees) to any party, whenever the court determines such an
award is appropriate.
Any person who is or may be adversely affected by the violation by any person
of any rule, regulation, order or permit issued pursuant to this chapter may
bring a civil action for injunctive relief or for damages or both (including
reasonable attorney and expert witness fees) in the Circuit Court of the county
in which the surface coal mining operation complained of is located. Nothing in
this subsection shall be construed to be a waiver of sovereign immunity by the
Commonwealth.
In such action under this section, the cabinet, if not a party, may intervene as a
matter of right.
Effective:March 28, 1984
History: Amended 1984 Ky. Acts ch. 145, sec. 4, effective March 28, 1984. -Amended 1980 Ky. Acts ch. 62, sec. 29. -- Amended 1978 Ky. Acts ch. 332,
sec. 10, effective June 17, 1978. -- Created 1966 Ky. Acts ch. 4, sec. 23.
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