Kentucky Statutes 13B.140 – Judicial review of final order
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(1) Except as provided in KRS § 452.005, all final orders of an agency shall be subject to judicial review in accordance with the provisions of this chapter. A party shall institute an appeal by filing a petition in the Circuit Court of venue, as provided in the agency’s enabling statutes, within thirty (30) days after the final order of the agency is mailed or delivered by personal service. If venue for appeal is not stated in the enabling statutes, a party may appeal to Franklin Circuit Court or the Circuit Court of the county in which the appealing party resides or operates a place of business. Copies of the petition shall be served by the petitioner upon the agency and all parties of record. The petition shall include the names and addresses of all parties to the proceeding and the agency involved, and a statement of the grounds on which the review is requested. The petition shall be accompanied by a copy of the final order.
(2) A party may file a petition for judicial review only after the party has exhausted all administrative remedies available within the agency whose action is being challenged, and within any other agency authorized to exercise administrative review.
(3) Within twenty (20) days after the service of the petition, or within further time allowed by the court, the agency shall transmit to the reviewing court the original or a certified copy of the official record of the proceeding under review. By stipulation of all parties to the review proceedings, the record may be shortened. The court may require or permit subsequent correction or additions to the official record. If the court requests a transcript of proceedings that have not been transcribed, the cost of the transcription shall be paid by the party initiating the appeal, unless otherwise agreed to by all parties.
(4) A petition for judicial review shall not automatically stay a final order pending the outcome of the review, unless:
(a) An automatic stay is provided by statute upon appeal or at any point in the administrative proceedings;
(b) A stay is permitted by the agency and granted upon request; or
(c) A stay is ordered by the Circuit Court of jurisdiction upon petition.
Effective:February 2, 2021
History: Amended 2021 Ky. Acts ch. 2, sec. 2, effective February 2, 2021. — Amended 1996 Ky. Acts ch. 318, sec. 13, effective July 15, 1996. — Created
1994 Ky. Acts ch. 382, sec. 14, effective July 15, 1996.
(2) A party may file a petition for judicial review only after the party has exhausted all administrative remedies available within the agency whose action is being challenged, and within any other agency authorized to exercise administrative review.
Terms Used In Kentucky Statutes 13B.140
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- agency: means each state board, bureau, cabinet, commission, department, authority, officer, or other entity in the executive branch of state government authorized by law to conduct administrative hearings. See Kentucky Statutes 13B.010
- 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.
- Final order: means the whole or part of the final disposition of an administrative hearing, whenever made effective by an agency head, whether affirmative, negative, injunctive, declaratory, agreed, or imperative in form. See Kentucky Statutes 13B.010
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Party: means :
(a) The named person whose legal rights, duties, privileges, or immunities are being adjudicated in the administrative hearing. See Kentucky Statutes 13B.010 - Statute: A law passed by a legislature.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- Venue: The geographical location in which a case is tried.
(3) Within twenty (20) days after the service of the petition, or within further time allowed by the court, the agency shall transmit to the reviewing court the original or a certified copy of the official record of the proceeding under review. By stipulation of all parties to the review proceedings, the record may be shortened. The court may require or permit subsequent correction or additions to the official record. If the court requests a transcript of proceedings that have not been transcribed, the cost of the transcription shall be paid by the party initiating the appeal, unless otherwise agreed to by all parties.
(4) A petition for judicial review shall not automatically stay a final order pending the outcome of the review, unless:
(a) An automatic stay is provided by statute upon appeal or at any point in the administrative proceedings;
(b) A stay is permitted by the agency and granted upon request; or
(c) A stay is ordered by the Circuit Court of jurisdiction upon petition.
Effective:February 2, 2021
History: Amended 2021 Ky. Acts ch. 2, sec. 2, effective February 2, 2021. — Amended 1996 Ky. Acts ch. 318, sec. 13, effective July 15, 1996. — Created
1994 Ky. Acts ch. 382, sec. 14, effective July 15, 1996.