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N.R.E.P. CABINET v. CRICKET COAL CO.

No. 88-SC-000866-DG.

780 S.W.2d 609 (1989)

NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET, Appellant, v. CRICKET COAL COMPANY, INC.; Elwood Johnson, and Brownlow Johnson, Appellees.

Supreme Court of Kentucky.

Rehearing Denied December 21, 1989.

Attorney(s) appearing for the Case

Brenda G. Lowe, Dept. of Law, Natural Resources and Environmental Protection Cabinet, Frankfort, for appellant.

Del Kerwyn Martin, Hindman, for appellees.

VANCE, Justice.

A notice of noncompliance was issued to the appellees pursuant to K.R.S. 350.130 and the administrative regulations promulgated thereunder. The notice was coupled with an order demanding correction of the violations listed in the notice. The notice was served by mail as is provided by statute.

When the violations listed were not corrected within the time specified, a notice of preliminary hearing was forwarded to the appellees by registered...

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