Kentucky Statutes 154A.090 – Appeals — Circuit Court alternatives
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(1) Any retailer, vendor, or applicant for a retailer or vendor contract aggrieved by an action of the president of the corporation may appeal that decision to the board.
(2) All appeals before the board shall be decided within thirty (30) days of the hearing. (3) Any person aggrieved by a decision of the board may appeal the decision to the
Circuit Court of the county in which the corporation maintains its headquarters,
except that if the person aggrieved is a lottery retailer or an applicant to become a lottery retailer, then the Circuit Court of the county in which said retailer does or applicant would operate shall have concurrent venue as to such appeal.
(4) The Circuit Court may reverse the decision of the board only in the event the decision is found to be:
(a) Clearly erroneous; or
(b) Arbitrary and capricious; or
(c) Procured by fraud; or
(d) A result of misconduct by the board, or a member thereof.
Effective: December 15, 1988
History: Created 1988 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 11, effective December 15,
1988.
(2) All appeals before the board shall be decided within thirty (30) days of the hearing. (3) Any person aggrieved by a decision of the board may appeal the decision to the
Terms Used In Kentucky Statutes 154A.090
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- 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.
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corporation: means the Kentucky Lottery Corporation. See Kentucky Statutes 154A.010
- Fraud: Intentional deception resulting in injury to another.
- Lottery: means any game of chance approved by the corporation and operated pursuant to this chapter, except for games prohibited by the General Assembly as provided for in KRS §. See Kentucky Statutes 154A.010
- President: means the president of the Kentucky Lottery Corporation who shall also serve as chief executive officer of the corporation. See Kentucky Statutes 154A.010
- Retailer: means any person with whom the corporation has contracted to sell lottery tickets to the public. See Kentucky Statutes 154A.010
- Vendor: means any person who has entered into a major lottery-specific procurement contract with the corporation. See Kentucky Statutes 154A.010
- Venue: The geographical location in which a case is tried.
Circuit Court of the county in which the corporation maintains its headquarters,
except that if the person aggrieved is a lottery retailer or an applicant to become a lottery retailer, then the Circuit Court of the county in which said retailer does or applicant would operate shall have concurrent venue as to such appeal.
(4) The Circuit Court may reverse the decision of the board only in the event the decision is found to be:
(a) Clearly erroneous; or
(b) Arbitrary and capricious; or
(c) Procured by fraud; or
(d) A result of misconduct by the board, or a member thereof.
Effective: December 15, 1988
History: Created 1988 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 11, effective December 15,
1988.