Kentucky Statutes 286.11-053 – Right of aggrieved person to apply for administrative hearing — Appeal from final order to Franklin Circuit Court
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(1) Any person aggrieved by the entry of an order by the commissioner under this subtitle may file written application for an administrative hearing.
(2) The written application for a hearing under this subtitle shall be made in good faith and shall state the reasons or grounds the person is so aggrieved and the remedy sought at the hearing.
(3) Any application for a hearing under this subtitle shall be filed with the commissioner within twenty (20) days of the date of the order.
(4) If the commissioner finds that the application for a hearing is made in good faith, and that the applicant would be aggrieved as claimed if his or her grounds are established, then a hearing shall be held in accordance with KRS Chapter 13B.
(5) An appeal from the commissioner shall be taken only from a final order.
(6) The appeal from a final order issued by the commissioner shall be granted as a matter of right to the Franklin Circuit Court.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 855, effective July 15, 2010. — Created
2006 Ky. Acts ch. 247, sec. 27, effective April 24, 2006.
Legislative Research Commission Note (7/12/2006). This section was created in 2006
Ky. Acts ch. 247 as a new section of KRS Chapter 366A. Sec. 38 of that same bill also required that all sections of KRS Chapters 287, 288, 290, 291, 294, 366, 366A, and 368 be renumbered as sections of a single KRS chapter entitled the “Kentucky Financial Services Code.” Therefore, the Statute Reviser, acting under KRS § 7.136(1), has codified this section as a new section of KRS Chapter 286.
(2) The written application for a hearing under this subtitle shall be made in good faith and shall state the reasons or grounds the person is so aggrieved and the remedy sought at the hearing.
Terms Used In Kentucky Statutes 286.11-053
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Applicant: means a person filing an application or renewal application for a license under this subtitle. See Kentucky Statutes 286.11-003
- Commissioner: means the commissioner of the Department of Financial
Institutions. See Kentucky Statutes 286.1-010 - Person: means any individual, corporation, business trust, estate, trust, partnership, limited liability company, association, organization, joint venture, government and any subdivision, agency or instrumentality thereof, or any other legal or commercial
entity. See Kentucky Statutes 286.11-003 - State: means a state or commonwealth of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession that is subject to the jurisdiction of the United States. See Kentucky Statutes 286.11-003
- Statute: A law passed by a legislature.
(3) Any application for a hearing under this subtitle shall be filed with the commissioner within twenty (20) days of the date of the order.
(4) If the commissioner finds that the application for a hearing is made in good faith, and that the applicant would be aggrieved as claimed if his or her grounds are established, then a hearing shall be held in accordance with KRS Chapter 13B.
(5) An appeal from the commissioner shall be taken only from a final order.
(6) The appeal from a final order issued by the commissioner shall be granted as a matter of right to the Franklin Circuit Court.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 855, effective July 15, 2010. — Created
2006 Ky. Acts ch. 247, sec. 27, effective April 24, 2006.
Legislative Research Commission Note (7/12/2006). This section was created in 2006
Ky. Acts ch. 247 as a new section of KRS Chapter 366A. Sec. 38 of that same bill also required that all sections of KRS Chapters 287, 288, 290, 291, 294, 366, 366A, and 368 be renumbered as sections of a single KRS chapter entitled the “Kentucky Financial Services Code.” Therefore, the Statute Reviser, acting under KRS § 7.136(1), has codified this section as a new section of KRS Chapter 286.