This category includes certified miners, mine foremen, assistant mine foremen, electricians, shotfirers, mine safety instructors and mine emergency technicians.  If found guilty of intentionally violating, or ordering another to violate, mine safety laws which place miners in imminent danger of serious injury or death:

·       1st Offense - The MSRC has the option of suspending, probating or revoking the miner certificate for as long as is believed appropriate, the terms of which may be established through a settlement agreement.

• If the miner holds more than one certificate, the MSRC may suspend, revoke or probate any or all of those certificates.
• If a certificate is revoked, the miner may apply to the Kentucky Mining Board for reinstatement, but only after the revocation period has ended. The miner must re-take and pass required examinations for the certificate, and the Board may grant or deny the application.
• If the miner found guilty by the MSRC is an hourly employee and not a foreman, then the Commission can consider, in determining punishment, whether the miner acted alone or was ordered to violate the mine safety law. However, the miner must raise the issue for this to be considered.

• Punishments for subsequent offenses committed by certified miners are determined solely by the MSRC.

This refers to anyone who has any ownership in a licensed mine, except someone who has less that 1 percent share of publicly traded stock.  The owner or part-owner must be found guilty of intentionally ordering the violation of mine safety laws that place miners in imminent danger of serious injury or death.

·       1st Offense - The MSRC may impose a monetary penalty from $2,500 up to $10,000.

• If the owner or part-owner applies to the Mining Board for a mining certificate or to the OMSL for a mine license, the judgment will be considered in deciding whether to grant or deny the mining certificate or the mine license.
• If the owner or part-owner holds a mining certificate, then the MSRC may also revoke, suspend or probate the certificate as outlined under the section "Certified Miners."

·       2nd Offense - The MSRC may impose a monetary penalty from $5000 up to $10,000.

• If the owner or part-owner applies to the Mining Board for a mining certificate or to the OMSL for a license, the owner or part-owner will be presumed unsuitable to hold the certificate or the license and must prove at a hearing that he is suitable.
• The Board or OMSL may grant or deny the application.
• If the owner or part-owner holds a mining certificate, then the MSRC may also revoke, probate or suspend the certificate as outlined under the section "Certified Miners."

·       3rd Offense - The MSRC may impose a monetary penalty of $7,500 up to $10,000.  The owner or part-owner will not be eligible to obtain or hold any mining certificate or mine license in the state.

This applies to anyone in or around a coal mine who does not have a mine certificate.

The noncertified person must be found guilty of intentionally violating or ordering another to violate mine safety laws which place miners in imminent danger of serious injury or death.

·       1st Offense - The MSRC may impose a monetary fine up to the equivalent of the total of 10 days' wages. If the individual applies to the Mining Board for a mining certificate, the Board will consider the judgment in granting or denying the mining certificate.

·       2nd Offense - If the noncertified person applies to the Mining Board for a mining certificate,  the Board will consider the two judgments and presume that the person is unsuitable to hold a mining certificate. The noncertified person must prove at a hearing before the Board that he is suitable. The Board may grant or deny the application.

·       3rd Offense The noncertified person will not be eligible to obtain or hold any mining certificate in the state.

These include any mining operations that have obtained a license from the OMSL.  The owner or part-owner must be found guilty of intentionally ordering mine safety laws be violated that place miners in imminent danger of serious injury or death.

·       1st Offense - The MSRC may place the licensed premises on probation for as long as is considered appropriate; the MSRC may also impose a monetary penalty (not to exceed the gross value of production of the mine for up to 10 working days).

• If the licensed premises are placed on probation,  the MSRC may set the terms of probation, and it may impose penalties for violating probation. These penalties can include suspending or revoking the mine license.
• The OMSL can file charges with the MSRC for probation violations. The MSRC will conduct a hearing to determine whether the charges will be upheld and additional punishment imposed or if the charges will be dismissed.

·       2nd Offense - The MSRC may suspend or revoke the mine license for a minimum of two years. The MSRC may also impose the same monetary penalties as under a first offense.

• If the license is suspended, it will automatically be reinstated at the end of the suspension period.
• If the license is revoked, the mine would have to apply to the OMSL at the end of the revocation period. OMSL  may grant or deny the mine license.

·       3rd Offense - If the owner or part-owner is found guilty, the MSRC will revoke the license for a minimum of three years and can revoke it permanently. The MSRC may also impose the same monetary penalties as under a first offense.

• If the revocation is not permanent, the licensed premises can apply to the OMSL for a license at the end of the revocation period. OMSL may grant or deny the license.