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GAINES v. KY. OCCUPATIONAL SAFETY & HEALTH

No. 2009-CA-001794-MR.

326 S.W.3d 818 (2010)

David GAINES d/b/a David Gaines Roofing and Supplies, Appellant, v. KENTUCKY OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Kentucky Department of Labor (now Kentucky Labor Cabinet), Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court December 8, 2010.

Attorney(s) appearing for the Case

John H. Gray , Frankfort, KY, for appellant.

James R. Grider, Jr. Frankfort, KY, for appellee, Kentucky Labor Cabinet.

Frederick G. Huggins , Frankfort, KY, for appellee, Kentucky Occupational Safety and Health Review Commission.

Before CAPERTON and MOORE, Judges; BUCKINGHAM, Senior Judge.

OPINION

MOORE, Judge.

David Gaines, d/b/a David Gaines Roofing and Supplies, appeals an opinion and order of the Franklin Circuit Court dismissing as untimely his declaratory action and appeal from the Kentucky Occupational Safety and Health Review Commission. After a careful review of the record, we agree that Gaines' appeal was untimely. As such, we affirm.2

FACTUAL AND PROCEDURAL HISTORY

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