Kentucky Statutes 292.490 – Judicial review of orders
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Any person aggrieved by a final order of the commissioner may obtain a review of the order by filing in accordance with KRS Chapter 13B in the Franklin Circuit Court, within thirty (30) days after the entry of the order, a written petition praying that the order be modified or set aside in whole or in part. A copy of the petition shall be forthwith served upon the commissioner, and thereupon the commissioner shall certify and file in court a copy of the filing, testimony, and other evidence upon which the order was entered. When these have been filed, the court has exclusive jurisdiction to affirm, modify, enforce, or set aside the order, in whole or in part. No objection to the order may be considered by the court unless it was urged before the commissioner or there were reasonable grounds for failure to do so. The findings of the commissioner as to the facts, if supported by substantial evidence, are conclusive. If either party applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that the additional evidence is material and that there were reasonable grounds for failure to adduce the evidence in the hearing before the commissioner, the court may order the additional evidence to be taken before the commissioner and to be adduced upon the hearing in such manner and upon such conditions as the court may consider proper. The commissioner may modify his or her findings as to the facts, by reason of the additional evidence so taken; and the commissioner shall file any modified or new findings, which if supported by substantial evidence shall be conclusive, and any recommendation for the modification or setting aside of the original order. The commencement of proceedings under this section does not, unless specifically ordered by the court, operate as a stay of the commissioner’s order. An appeal may be taken from the judgment of the Franklin Circuit Court on any such appeal to the Court of Appeals on the same terms and conditions as an appeal is taken in civil actions.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 877, effective July 15, 2010. — Amended
1998 Ky. Acts ch. 20, sec. 21, effective July 15, 1998. — Amended 1994 Ky. Acts ch.
165, sec. 20, effective July 15, 1994. — Created 1960 Ky. Acts ch. 110, sec. 19, effective January 1, 1961.
Effective: July 15, 2010
Terms Used In Kentucky Statutes 292.490
- 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.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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.
- Person: means an individual, a limited liability company, a corporation, a partnership, a limited partnership, an association, a joint-stock company, a trust where the interests of the beneficiaries are evidenced by a security, an unincorporated organization, a government, or a political subdivision of a government. See Kentucky Statutes 292.310
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
History: Amended 2010 Ky. Acts ch. 24, sec. 877, effective July 15, 2010. — Amended
1998 Ky. Acts ch. 20, sec. 21, effective July 15, 1998. — Amended 1994 Ky. Acts ch.
165, sec. 20, effective July 15, 1994. — Created 1960 Ky. Acts ch. 110, sec. 19, effective January 1, 1961.