151.186 Appeals from final orders.

259 words·~1 min read·/ky/chapter-151/151-186

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

(1)Appeals may be taken from all final orders of the cabinet. Within thirty

(30)days

from entry of the final order the appeal shall be taken to the Circuit Court of the

county where the structure or activity which is the subject of the order is located.

The party or parties affected by the final order shall file in the Circuit Court a

petition which states fully the grounds upon which a review is sought and assign all

errors relied on. The cabinet shall be named respondent, and service shall be had on

the secretary. Summons shall be issued upon the petition directing the cabinet to

send its entire record, properly bound, to the clerk of the Circuit Court after

certifying that such record is its entire original record or a true copy thereof, which

shall be filed by the clerk of the Circuit Court and considered by the Circuit Court

on the review. After the case has been properly docketed in the Circuit Court, any

party directly affected by the issues on appeal may, upon notice to the parties and

upon proper showing and in the discretion of the court, be permitted to intervene.

Upon hearing of the appeal, the findings of the cabinet shall be prima facie evidence

of the facts found therein. The court shall review the entire record and the findings

and final order of the cabinet.

(2)Appeals to the Court of Appeals from orders of the Circuit Court shall be taken in

the manner provided in the Kentucky Rules of Civil Procedure.