Bingham v. Commonwealth, Natural Resources & Environmental Protection Cabinet

HOWARD, Judge.

In this case, the owner of a mining company appeals from a summary judgment granted by the Franklin Circuit Court upholding a civil penalty assessed against him *78for mining violations. The appellant claims that he had no notice of the administrative proceedings.

The appellee, Natural Resources and Environmental Protection Cabinet, issued a noncompliance citation to the appellant, Steve Bingham d/b/a Steve Bingham Mining, on January 21, 1986. A preliminary hearing on the matter was held on May 7, 1986. In his report, the hearing officer stated that the Cabinet offered proof that…