ADMINISTRATIVE/REGULATORY LAW: Commonwealth, Energy and Environmental Cabinet v. Spurlock (COA 1/22/2010)

Commonwealth, Energy and Environmental Cabinet v. Spurlock
2008-CA-001184 01/22/2010 2010 WL 199411

Opinion by Judge Thompson; Judges Caperton and Wine concurred. The Court reversed and remanded orders of the circuit court declaring that the Energy and Environmental Cabinet’s final orders entered against appellee, based on his failure to respond to the Cabinet’s orders, were void. The Court first held that the trial court properly utilized a de novo standard of review. However, the Court then held that Commonwealth of Kentucky, Natural Resources and Environmental Protection Cabinet v. Kentec Coal Co., Inc., 177 S.W.3d 718 (Ky. 2005), was distinguishable on its facts. Because the notice provided by the Cabinet incorrectly advised appellee that he was not entitled to an administrative hearing absent prepayment of penalties, appellee was entitled to request a formal hearing accompanied by a proper request for a waiver from the prepayment provisions.

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