351.040 Action to vacate order of department -- Appeal

351.040 Action to vacate order of department -- Appeal.

(1) 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.

(2) 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.

(3) Appeals may be taken to the Court of Appeals as in other cases.