13B.140 Judicial review of final order.

372 words·~2 min read·/ky/chapter-13b/13b-140

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

(1)Except as provided in KRS 452.005, all final orders of an agency shall be

subject to judicial review in accordance with the provisions of this chapter. A

party shall institute an appeal by filing a petition in the Circuit Court of venue,

as provided in the agency's enabling statutes, within thirty

(30)days after the

final order of the agency is mailed or delivered by personal service. If venue for

appeal is not stated in the enabling statutes, a party may appeal to Franklin

Circuit Court or the Circuit Court of the county in which the appealing party

resides or operates a place of business. Copies of the petition shall be served

by the petitioner upon the agency and all parties of record. The petition shall

include the names and addresses of all parties to the proceeding and the

agency involved, and a statement of the grounds on which the review is

requested. The petition shall be accompanied by a copy of the final order.

(2)A party may file a petition for judicial review only after the party has exhausted

all administrative remedies available within the agency whose action is being

challenged, and within any other agency authorized to exercise administrative

review.

(3)Within twenty

(20)days after the service of the petition, or within further time

allowed by the court, the agency shall transmit to the reviewing court the

original or a certified copy of the official record of the proceeding under review.

By stipulation of all parties to the review proceedings, the record may be

shortened. The court may require or permit subsequent correction or additions

to the official record. If the court requests a transcript of proceedings that have

not been transcribed, the cost of the transcription shall be paid by the party

initiating the appeal, unless otherwise agreed to by all parties.

(4)A petition for judicial review shall not automatically stay a final order pending

the outcome of the review, unless:

(a)An automatic stay is provided by statute upon appeal or at any point in

the administrative proceedings;

(b)A stay is permitted by the agency and granted upon request; or

(c)A stay is ordered by the Circuit Court of jurisdiction upon petition.