Kentucky Statutes 156.822 – Appeal from final order of board
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(1) Any final order of the board either upholding or invalidating the dismissal, demotion, suspension, or other penalization of a certified, equivalent, or unclassified employee may be appealed either by the employee or by the appointing authority.
(2) The party aggrieved may appeal the final order by filing a petition with the clerk of the Franklin Circuit Court in accordance with KRS Chapter 13B.
(3) If the appeal is from an order upholding the dismissal, demotion, suspension, or other penalization, the burden of appearing and defending the action of the board shall be upon the appointing authority. If the appeal is from an order refusing to uphold the dismissal, demotion, suspension, or other penalization, the burden of appearing and defending the action of the board shall be upon the employee.
Effective: June 25, 2013
History: Repealed, reenacted, and renumbered 2013 Ky. Acts ch. 59, sec. 14, effective June 25, 2013. — Amended 1996 Ky. Acts ch. 318, sec. 43, effective July 15, 1996. — Created 1990 Ky. Acts ch. 470, sec. 10, effective July 1, 1990.
Formerly codified as KRS § 151B.060.
(2) The party aggrieved may appeal the final order by filing a petition with the clerk of the Franklin Circuit Court in accordance with KRS Chapter 13B.
Terms Used In Kentucky Statutes 156.822
- 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.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Uphold: The decision of an appellate court not to reverse a lower court decision.
(3) If the appeal is from an order upholding the dismissal, demotion, suspension, or other penalization, the burden of appearing and defending the action of the board shall be upon the appointing authority. If the appeal is from an order refusing to uphold the dismissal, demotion, suspension, or other penalization, the burden of appearing and defending the action of the board shall be upon the employee.
Effective: June 25, 2013
History: Repealed, reenacted, and renumbered 2013 Ky. Acts ch. 59, sec. 14, effective June 25, 2013. — Amended 1996 Ky. Acts ch. 318, sec. 43, effective July 15, 1996. — Created 1990 Ky. Acts ch. 470, sec. 10, effective July 1, 1990.
Formerly codified as KRS § 151B.060.