Stovall v. A. O. Smith Corp.

HAYES, Chief Judge:

The issue to be decided in this appeal is whether KRS 338.101(2) vests exclusive jurisdiction in the Franklin Circuit Court to issue a search warrant to enforce the right of entry of the appellant, Thelma L. Sto-vall, Commissioner of Labor, to conduct inspections in businesses not otherwise excluded by KRS 338.021, to safeguard employees against hazards in the work areas.

KRS 338.101(2) provides as follows:

If an employer refuses such entry, then the Commissioner may apply to the Franklin Circuit Court for an order to enforce the right of entry.

In the judgment appealed from,…