# KRS § 351.040: 351.040 Action to vacate order of department -- Appeal

> Kentucky · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXVIII_C351_S351.040

## Section

- **Citation:** KRS § 351.040
- **Heading:** 351.040 Action to vacate order of department -- Appeal
- **Jurisdiction:** Kentucky
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** KY Code / Title XXVIII / Chapter 351 / Section 351.040

## Text

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.

## Nearby sections

- [KRS § 351.010 351.010 Definitions for chapter -- Applicability](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXVIII_C351_S351.010.md)
- [KRS § 351.020 351.020 Commissioner of Department for Natural Resources -- Functions](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXVIII_C351_S351.020.md)
- [KRS § 351.025 351.025 Duties of department relating to mine safety -- Administrative regulations](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXVIII_C351_S351.025.md)
- [KRS § 351.030 351.030 Hearings before department -- Petition for intervention](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXVIII_C351_S351.030.md)
- [KRS § 351.040 351.040 Action to vacate order of department -- Appeal](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXVIII_C351_S351.040.md)
- [KRS § 351.060 351.060 Qualifications of director of Division of Mine Safety](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXVIII_C351_S351.060.md)
- [KRS § 351.070 351.070 Duties of the commissioner -- Division of Mine Safety -- Secretary may promulgate administrative regulations -- Family liaison -- Civil monetary penalties](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXVIII_C351_S351.070.md)
- [KRS § 351.075 351.075 Exceptions to mandatory mine safety standards](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXVIII_C351_S351.075.md)
- [KRS § 351.080 351.080 Offices of mine inspectors](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXVIII_C351_S351.080.md)
- [KRS § 351.090 351.090 Mine safety specialists -- Appointment -- Qualifications -- Oath and bond -- Background check](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXVIII_C351_S351.090.md)
- [KRS § 351.101 351.101 Declaration of legislative finding of fact](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXVIII_C351_S351.101.md)
- [KRS § 351.102 351.102 Certificate of competency and qualification or permit as trainee required -- Proof of drug- and alcohol-free status to be submitted -- Examinations -- Hearing -- Appeals](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXVIII_C351_S351.102.md)
- [KRS § 351.103 351.103 Eligibility of mining specialists to work as miners](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXVIII_C351_S351.103.md)
- [KRS § 351.106 351.106 Education and training program -- Alcohol and substance abuse training and education -- Retraining and reeducation requirements -- Administrative regulations -- Implementation of program for training and examination -- Records](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXVIII_C351_S351.106.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXVIII_C351_S351.040. Check the current official text before relying on it. Not legal advice.