Commonwealth, Natural Resources & Environmental Protection Cabinet v. MIC-BAR, Inc.

WEST, Judge.

This appeal is from an order of the Pike Circuit Court which set aside an order of the Natural Resources and Environmental Protection Cabinet, (Cabinet), fining the Appellee, MIC-BAR, Inc., five thousand dollars ($5,000.00) for noncompliance with 405 KAR 8:010.

The evidence at the administrative hearing consisted of testimony of Mike Rowe and Billy Ratliff, mine inspectors for the Cabinet, and documentary evidence including notice of non-compliance and mine inspection reports. The evidence adduced showed that MIC-BAR, while operating under permit # 898-0215, filed an application…