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350.509 Duties of commission.
The commission shall be attached to the cabinet for administrative purposes and staffed
by the Office of the Reclamation Guaranty Fund established pursuant to KRS 350.512.
The commission shall:
(1) Review, recommend, and promulgate administrative regulations pursuant to KRS
Chapter 13A, which are necessary to:
(a) Monitor and maintain the fund;
(b) Establish a structure for the administration of processing claims and making
payments;
(c) Establish mechanisms for review of the viability of the fund and criteria for
determining when a recommendation shall be made to the secretary of the
cabinet to close the fund for failure to maintain actuarial soundness;
(d) Set the schedule of penalties consistent with this chapter associated with late
payment, failure to pay, and defrauding the commission through the
submission of fraudulent information or withholding requested
documentation;
(e) Review, in accordance with the applicable administrative regulations of the
cabinet and KRS 350.515 and 350.518, all assignments of permittee
classification of mine type and assessment of established fees; and
(f) Establish a structure for the payment of the assessments required in KRS
350.515(2)(b) and 350.518;
(2) Notify permittees of suspension or reinstatement of the fees required by KRS
350.518(2);
(3) Employ, in accordance with KRS 45A.690 to 45A.725, a certified public accountant
in good standing to perform an annual audit of the fund for the first five (5) years of
the operations of the fund. Thereafter, the commission shall have audits performed
every two (2) years or more frequently as determined necessary by the commission.
Audit results shall be reported to the commission and to the Governor;
(4) Employ, in accordance with KRS 45A.690 to 45A.725, a qualified actuary to
perform an actuarial study annually for the first three (3) years of the operations of
the fund. Thereafter, the commission shall have actuarial studies performed every
two (2) years or more frequently as determined necessary by the commission.
Results of these studies shall be reported to the commission and to the Governor;
(5) Perform all functions necessary and authorize expenditures from the fund necessary
to carry out the provisions of law and the administrative regulations of the
commission;
(6) Report to the Governor and the Interim Joint Committee on Natural Resources and
Environment no later than December 31 of each year as to the financial status of the
reclamation guaranty fund;
(7) Conduct investigations and issue subpoenas on behalf of the commission to verify
reporting, payment, and other activities of permittees related to the fund. All
documents produced in response to investigations and subpoenas by the
(8)
commission shall remain confidential and not subject to the provisions of KRS
61.870 to 61.882; and
Bring an action in Franklin Circuit Court against any permittee for the recovery of
funds spent by the commission by reason of forfeiture of that permittee. The
commission may utilize the legal department of the cabinet for this purpose.
Effective: March 22, 2013
History: Created 2013 Ky. Acts ch. 78, sec. 4, effective March 22, 2013.
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