338.091 Appeals -- Procedure -- Administrative regulations.

140 words·~1 min read·/ky/chapter-338/338-091

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

(1)Any party adversely affected or aggrieved by a final order of the review

commission may appeal within thirty

(30)days to the Franklin Circuit Court on the

record for a review of such order. No new evidence may be introduced in the

Circuit Court. An appeal may be taken to the Court of Appeals from any decision of

the Circuit Court under this section.

(2)On appeal, the Franklin Circuit Court may award actual expenses incurred,

including court costs and attorney's fees, against the department.

(3)The department shall promulgate administrative regulations in accordance with

KRS Chapter 13A to implement this section. The administrative regulations shall

comply with the Equal Access to Justice Act, 28 U.S.C. sec. 2412.

(4)The commencement of a proceeding under this section shall operate as a stay of an

order of the review commission.