Kentucky Statutes 61.848 – Enforcement by judicial action — De novo determination in appeal of Attorney General’s decision — Voidability of action not substantially complying — Awards in willful violation actions
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(1) The Circuit Court of the county where the public agency has its principal place of business or where the alleged violation occurred shall have jurisdiction to enforce the provisions of KRS § 61.805 to KRS § 61.850, as they pertain to that public agency, by injunction or other appropriate order on application of any person.
(2) A person alleging a violation of the provisions of KRS § 61.805 to KRS § 61.850 shall not have to exhaust his remedies under KRS § 61.846 before filing suit in a Circuit Court. However, he shall file suit within sixty (60) days from his receipt of the written denial referred to in subsections (1) and (2) of KRS § 61.846 or, if the public agency refuses to provide a written denial, within sixty (60) days from the date the written complaint was submitted to the presiding officer of the public agency.
(3) In an appeal of an Attorney General’s decision, where the appeal is properly filed pursuant to subsection (4)(a) of KRS § 61.846, the court shall determine the matter de novo.
(4) Except as otherwise provided by law or rule of court, proceedings arising under this section take precedence on the docket over all other causes and shall be assigned for hearing and trial at the earliest practicable date.
(5) Any rule, resolution, regulation, ordinance, or other formal action of a public agency without substantial compliance with the requirements of KRS § 61.810,
61.815, 61.820, and KRS § 61.823 shall be voidable by a court of competent jurisdiction.
(6) Any person who prevails against any agency in any action in the courts regarding a violation of KRS § 61.805 to KRS § 61.850, where the violation is found to be willful, may be awarded costs, including reasonable attorneys’ fees, incurred in connection with the legal action. In addition, it shall be within the discretion of the court to award the person an amount not to exceed one hundred dollars ($100) for each instance in which the court finds a violation. Attorneys’ fees, costs, and awards under this subsection shall be paid by the agency responsible for the violation.
Effective: July 14, 1992
History: Created 1992 Ky. Acts ch. 162, sec. 8, July 14, 1992.
(2) A person alleging a violation of the provisions of KRS § 61.805 to KRS § 61.850 shall not have to exhaust his remedies under KRS § 61.846 before filing suit in a Circuit Court. However, he shall file suit within sixty (60) days from his receipt of the written denial referred to in subsections (1) and (2) of KRS § 61.846 or, if the public agency refuses to provide a written denial, within sixty (60) days from the date the written complaint was submitted to the presiding officer of the public agency.
Terms Used In Kentucky Statutes 61.848
- 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.
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Docket: A log containing brief entries of court proceedings.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- 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.
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(3) In an appeal of an Attorney General’s decision, where the appeal is properly filed pursuant to subsection (4)(a) of KRS § 61.846, the court shall determine the matter de novo.
(4) Except as otherwise provided by law or rule of court, proceedings arising under this section take precedence on the docket over all other causes and shall be assigned for hearing and trial at the earliest practicable date.
(5) Any rule, resolution, regulation, ordinance, or other formal action of a public agency without substantial compliance with the requirements of KRS § 61.810,
61.815, 61.820, and KRS § 61.823 shall be voidable by a court of competent jurisdiction.
(6) Any person who prevails against any agency in any action in the courts regarding a violation of KRS § 61.805 to KRS § 61.850, where the violation is found to be willful, may be awarded costs, including reasonable attorneys’ fees, incurred in connection with the legal action. In addition, it shall be within the discretion of the court to award the person an amount not to exceed one hundred dollars ($100) for each instance in which the court finds a violation. Attorneys’ fees, costs, and awards under this subsection shall be paid by the agency responsible for the violation.
Effective: July 14, 1992
History: Created 1992 Ky. Acts ch. 162, sec. 8, July 14, 1992.