Kentucky Statutes 344.240 – Scope of and procedure for judicial review –Hearing — Appeal
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(1) Any complainant, respondent, or intervenor aggrieved by a final order of the commission, including a final order dismissing any complaint or stating the terms of a conciliation agreement, may obtain judicial review, and the commission may obtain an order of the court for enforcement of its final order, in a proceeding brought in the Circuit Court in a county in which the alleged unlawful practice which is the subject of the final order or complaint occurs or in which a respondent resides or has his principal place of business.
(2) Except for a discriminatory housing practice, if the commission has failed to schedule a hearing in accordance with KRS § 344.210(1) or has failed to issue a final order within one hundred eighty (180) days after the complaint is filed, the complainant, respondent, Attorney General, or an intervenor may petition the Circuit Court in a county in which the alleged unlawful practice set forth in the complaint occurs or in which the petitioner resides or has his principal place of business for an order directing the commission to schedule a hearing or to issue its final order. The court shall follow the procedure set forth in KRS Chapter 13B and this section so far as applicable.
(3) If before the expiration of sixty (60) days after the date of the commission order is entered for a discriminatory housing practice and no petition for review has been filed under subsection (1) of this section, any person entitled to under the discriminatory housing practice order may petition for a decree enforcing the order in the Circuit Court for the county in which the discriminatory housing practice is alleged to have occurred.
(4) Except for subsection (2) of this section, all provisions in this section shall apply to orders issued in a discriminatory housing practice proceeding.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 318, sec. 320, effective July 15, 1996. — Amended 1992 Ky. Acts ch. 282, sec. 26, effective July 14, 1992. — Amended 1976
Ky. Acts ch. 62, sec. 120. — Amended 1968 Ky. Acts ch. 167, sec. 10. — Created
1966 Ky. Acts ch. 2, Art. 5, sec. 507.
(2) Except for a discriminatory housing practice, if the commission has failed to schedule a hearing in accordance with KRS § 344.210(1) or has failed to issue a final order within one hundred eighty (180) days after the complaint is filed, the complainant, respondent, Attorney General, or an intervenor may petition the Circuit Court in a county in which the alleged unlawful practice set forth in the complaint occurs or in which the petitioner resides or has his principal place of business for an order directing the commission to schedule a hearing or to issue its final order. The court shall follow the procedure set forth in KRS Chapter 13B and this section so far as applicable.
Terms Used In Kentucky Statutes 344.240
- 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.
(3) If before the expiration of sixty (60) days after the date of the commission order is entered for a discriminatory housing practice and no petition for review has been filed under subsection (1) of this section, any person entitled to under the discriminatory housing practice order may petition for a decree enforcing the order in the Circuit Court for the county in which the discriminatory housing practice is alleged to have occurred.
(4) Except for subsection (2) of this section, all provisions in this section shall apply to orders issued in a discriminatory housing practice proceeding.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 318, sec. 320, effective July 15, 1996. — Amended 1992 Ky. Acts ch. 282, sec. 26, effective July 14, 1992. — Amended 1976
Ky. Acts ch. 62, sec. 120. — Amended 1968 Ky. Acts ch. 167, sec. 10. — Created
1966 Ky. Acts ch. 2, Art. 5, sec. 507.