95.883 Appeal to Circuit Court.
488 words·~2 min read·
/ky/chapter-95/95-883A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)The order or determination of the board upon the rehearing shall be conclusive and
binding, but any interested party may, within twenty
(20)days after the rendition of
the order of the board, by petition appeal to the Circuit Court of the county in which
the city is located for a review of the order of the board.
(2)The petition shall state fully the grounds upon which a review is sought, assign all
errors relied on and be verified by the petitioner who shall furnish a copy to the
board at the time of the filing of the same. Summons shall be issued directing the
board to answer within twenty
(20)days and directing the board to send the original
record to the circuit clerk certifying that such record is the entire original record of
the rehearing which shall be filed by the clerk of the Circuit Court and such record
shall then become and be considered by the Circuit Court on the review. The appeal
provided for herein shall not be considered effective unless the person making the
appeal has paid to the board one-half (1/2) of the cost of the transcript of the record
of the rehearing within the period provided for making the appeal.
(3)No new nor additional evidence may be introduced in the Circuit Court except as to
fraud or misconduct of some person engaged in the administration of KRS 95.851
to 95.884 and KRS 95.991, and affecting the order, decision, or determination
appealed from, but the court shall otherwise hear the cause upon the record as
certified by the board and shall dispose of the cause in summary manner, its review
being limited to determining whether or not:
(a)The board acted without or in excess of its powers;
(b)The order, decision, or determination was procured by fraud;
(c)The order, decision, or determination of the board is not in conformity with
the provisions of KRS 95.851 to 95.884 and KRS 95.991;
(d)If findings of fact are in issue the party seeking to set aside any order,
decision, or determination of the board shall have the burden of proof to show
by clear and satisfactory evidence that the order, decision, or determination is
unreasonable or unlawful. If upon appeal as herein provided the order,
decision, or determination of the board is reversed the party perfecting the
appeal shall be refunded by the board his portion of the costs paid for the
transcript of the record made on the rehearing.
(4)The board and each interested party may appear before the Circuit Court. The court
shall enter judgment affirming, modifying, or setting aside the order, decision, or
determination appealed from, or in its discretion remand the cause to the board for
further proceedings in conformity with the direction of the court. The court may,
before judgment and upon a sufficient showing of fact, remand the cause to the
board.