Kentucky Statutes 187.300 – Administration of chapter — Employment of personnel — Expenses — Action to vacate order or act of cabinet
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(1) The cabinet shall administer and enforce the provisions of this chapter and may make rules and regulations necessary for its administration.
(2) The cabinet may employ additional persons, in accordance with the provisions of KRS Chapter 18A, and incur travel, rental and other current and capital expenses necessary to accomplish the purposes of this chapter.
(3) Any person aggrieved by an order or act of the cabinet under this chapter may, within twenty (20) days after notice thereof, bring an action against the cabinet in the Circuit Court of the county in which the accident or violation of law upon which the action of the cabinet was based occurred to vacate or set aside the order or action of the cabinet on the ground that it is unlawful or unreasonable. The answer of the cabinet shall be served and filed within twenty (20) days after service of the complaint. The action shall then be at issue and stand ready for trial upon ten (10) days’ notice to either party. The answer need not deny verbatim the allegations of the complaint, but a general denial thereof on behalf of the cabinet is sufficient. The filing of the action does not suspend the order or act of the cabinet unless a stay thereof is granted by the court pending final determination of the review. Injunctive relief may also be granted by the court in the manner and upon the terms provided by law.
History: Amended 1966 Ky. Acts ch. 255, sec. 174. — Created 1946 Ky. Acts ch. 118, sec. 2, effective January 1, 1947.
(2) The cabinet may employ additional persons, in accordance with the provisions of KRS Chapter 18A, and incur travel, rental and other current and capital expenses necessary to accomplish the purposes of this chapter.
Terms Used In Kentucky Statutes 187.300
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Cabinet: means the Transportation Cabinet. See Kentucky Statutes 187.290
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(3) Any person aggrieved by an order or act of the cabinet under this chapter may, within twenty (20) days after notice thereof, bring an action against the cabinet in the Circuit Court of the county in which the accident or violation of law upon which the action of the cabinet was based occurred to vacate or set aside the order or action of the cabinet on the ground that it is unlawful or unreasonable. The answer of the cabinet shall be served and filed within twenty (20) days after service of the complaint. The action shall then be at issue and stand ready for trial upon ten (10) days’ notice to either party. The answer need not deny verbatim the allegations of the complaint, but a general denial thereof on behalf of the cabinet is sufficient. The filing of the action does not suspend the order or act of the cabinet unless a stay thereof is granted by the court pending final determination of the review. Injunctive relief may also be granted by the court in the manner and upon the terms provided by law.
History: Amended 1966 Ky. Acts ch. 255, sec. 174. — Created 1946 Ky. Acts ch. 118, sec. 2, effective January 1, 1947.