77.315 Appeals from final orders of board -- Appeals from Circuit Court orders.

275 words·~1 min read·/ky/chapter-77/77-315

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

(1)Appeals may be taken from a final order of the board rendered after a hearing. An

appeal shall be taken within thirty

(30)days from the rendition of an order to the

Circuit Court of the county in which the district is located. A person affected by the

order shall file in the Circuit Court a petition which states fully the grounds upon

which a review is sought and assigns all errors relied upon. The district shall be

named respondent. Notice shall be given by the appellant to all parties of record to

the prior proceedings. Service on the district shall be had on the secretary-treasurer.

Summons shall issue upon the petition directing the district to send its entire record,

properly bound, to the clerk of the Circuit Court after certifying that the record is its

entire original record or a true copy thereof, which shall be filed by the clerk of the

Circuit Court and shall then become official and be considered by the Circuit Court

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

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

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

Upon hearing of the appeal, the findings of the district shall constitute a rebuttable

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

the findings and order of the district.

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

the Kentucky Rules of Civil Procedure and the Kentucky Rules of Criminal

Procedure.