Find Legal Information

13B.140 Judicial review of final order.

Download pdf

Page 1 of 1 13B.140 Judicial review of final order. (1) All final orders of an agency shall be subject to judicial review in accordance with the provisions of this chapter. A party shall institute an appeal by filing a petition in <br>the Circuit Court of venue, as provided in the agency's enabling statutes, within <br>thirty (30) days after the final order of the agency is mailed or delivered by personal <br>service. If venue for appeal is not stated in the enabling statutes, a party may appeal <br>to Franklin Circuit Court or the Circuit Court of the county in which the appealing <br>party resides or operates a place of business. Copies of the petition shall be served <br>by the petitioner upon the agency and all parties of record. The petition shall include <br>the names and addresses of all parties to the proceeding and the agency involved, <br>and a statement of the grounds on which the review is requested. The petition shall <br>be accompanied by a copy of the final order. (2) A party may file a petition for judicial review only after the party has exhausted all administrative remedies available within the agency whose action is being <br>challenged, and within any other agency authorized to exercise administrative <br>review. (3) Within twenty (20) days after the service of the petition, or within further time allowed by the court, the agency shall transmit to the reviewing court the original or <br>a certified copy of the official record of the proceeding under review. By stipulation <br>of all parties to the review proceedings, the record may be shortened. The court may <br>require or permit subsequent correction or additions to the official record. If the <br>court requests a transcript of proceedings that have not been transcribed, the cost of <br>the transcription shall be paid by the party initiating the appeal, unless otherwise <br>agreed to by all parties. (4) A petition for judicial review shall not automatically stay a final order pending the outcome of the review, unless: <br>(a) An automatic stay is provided by statute upon appeal or at any point in the administrative proceedings; (b) A stay is permitted by the agency and granted upon request; or <br>(c) A stay is ordered by the Circuit Court of jurisdiction upon petition. Effective: July 15, 1996 <br>History: Amended 1996 Ky. Acts ch. 318, sec. 13, effective July 15, 1996. -- Created 1994 Ky. Acts ch. 382, sec. 14, effective July 15, 1996.