216B.115 Appeal to Franklin Circuit Court.

220 words·~1 min read·/ky/chapter-216b/216b-115

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

(1)An appeal to the Franklin Circuit Court may be taken from any final decision of the

cabinet with respect to a certificate-of-need application, a certificate of need, or a

license, by any party to the proceedings.

(2)An appeal may be taken by filing a petition for review in the Franklin Circuit Court

within thirty

(30)days after notice of the final decision unless a request for

reconsideration has been filed, in which case the petition shall be filed within fifteen

(15)days of the cabinet's decision not to reconsider or notice of its decision on

reconsideration. The petition shall state completely the grounds upon which the

review is sought and shall assign all errors relied upon. The petitioner shall serve a

copy of the petition to each person who was a party to the proceedings. Summons

shall be issued upon the petition directing the adverse party or parties to file an

answer within twenty

(20)days after service of summons. The cabinet shall, upon

being served with the summons and within thirty

(30)days thereafter, file a copy of

the record, duly certified by the secretary, the cost of the record to be taxed as costs

upon appeal. In lieu of filing of the record, an abstract thereof may be filed if all

parties to the appeal agree.