61.848 Enforcement by judicial action -- De novo determination in appeal of

359 words·~2 min read·/ky/61-848

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Attorney General's decision -- Voidability of action not substantially

complying -- Awards in willful violation actions.

(1)The Circuit Court of the county where the public agency has its principal place of

business or where the alleged violation occurred shall have jurisdiction to enforce

the provisions of KRS 61.805 to 61.850, as they pertain to that public agency, by

injunction or other appropriate order on application of any person.

(2)A person alleging a violation of the provisions of KRS 61.805 to 61.850 shall not

have to exhaust his remedies under KRS 61.846 before filing suit in a Circuit Court.

However, he shall file suit within sixty

(60)days from his receipt of the written

denial referred to in subsections

(1)and

(2)of KRS 61.846 or, if the public agency

refuses to provide a written denial, within sixty

(60)days from the date the written

complaint was submitted to the presiding officer of the public agency.

(3)In an appeal of an Attorney General's decision, where the appeal is properly filed

pursuant to subsection (4)(a) of KRS 61.846, the court shall determine the matter de

novo.

(4)Except as otherwise provided by law or rule of court, proceedings arising under this

section take precedence on the docket over all other causes and shall be assigned for

hearing and trial at the earliest practicable date.

(5)Any rule, resolution, regulation, ordinance, or other formal action of a public

agency without substantial compliance with the requirements of KRS 61.810,

61.815, 61.820, and KRS 61.823 shall be voidable by a court of competent

jurisdiction.

(6)Any person who prevails against any agency in any action in the courts regarding a

violation of KRS 61.805 to 61.850, where the violation is found to be willful, may

be awarded costs, including reasonable attorneys' fees, incurred in connection with

the legal action. In addition, it shall be within the discretion of the court to award

the person an amount not to exceed one hundred dollars ($100) for each instance in

which the court finds a violation. Attorneys' fees, costs, and awards under this

subsection shall be paid by the agency responsible for the violation.