Kentucky Statutes 243.560 – Appeal to Circuit Court from order of board — How taken — Necessary parties — Final order, when effective — Power of court to dissolve stay
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(1) All final orders of the board may be appealed to the Circuit Court of the county where the appellant resides or the county containing the appellant’s licensed premises, if any, notwithstanding KRS Chapter 13B.
(2) A party to the administrative action may institute an appeal by filing a petition in the office of the clerk of the Circuit Court of the county where the appellant resides or the county containing the appellant’s licensed premises, if any, within thirty (30) days after the final order of the board is mailed or delivered by personal service.
(3) The board, department, licensee or applicant, and any other parties to the administrative action shall be necessary parties to all appeals.
(4) No final order of the board issuing a license shall become effective, and no license under that final order shall be issued, until the expiration of the appeal period contained in KRS Chapter 13B. If an appeal from a final order has been filed as provided under KRS § 13B.140, the final order shall not become effective until the appeal has been finally determined by the courts. During the pendency of any appeal, a court may dissolve the stay under this section for good cause shown.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 62, sec. 80, effective June 29, 2017. — Amended 1996 Ky. Acts ch. 318, sec. 163, effective July 15, 1996. — Recodified
1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec.
2554b-147.
(2) A party to the administrative action may institute an appeal by filing a petition in the office of the clerk of the Circuit Court of the county where the appellant resides or the county containing the appellant’s licensed premises, if any, within thirty (30) days after the final order of the board is mailed or delivered by personal service.
Terms Used In Kentucky Statutes 243.560
- 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.
(3) The board, department, licensee or applicant, and any other parties to the administrative action shall be necessary parties to all appeals.
(4) No final order of the board issuing a license shall become effective, and no license under that final order shall be issued, until the expiration of the appeal period contained in KRS Chapter 13B. If an appeal from a final order has been filed as provided under KRS § 13B.140, the final order shall not become effective until the appeal has been finally determined by the courts. During the pendency of any appeal, a court may dissolve the stay under this section for good cause shown.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 62, sec. 80, effective June 29, 2017. — Amended 1996 Ky. Acts ch. 318, sec. 163, effective July 15, 1996. — Recodified
1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec.
2554b-147.