13B.150 Conduct of judicial review.
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13B.150 Conduct of judicial review.
(1) Review of a final order shall be conducted by the court without a jury and shall be
confined to the record, unless there is fraud or misconduct involving a party <br>engaged in administration of this chapter. The court, upon request, may hear oral <br>argument and receive written briefs.
(2) The court shall not substitute its judgment for that of the agency as to the weight of
the evidence on questions of fact. The court may affirm the final order or it may <br>reverse the final order, in whole or in part, and remand the case for further <br>proceedings if it finds the agency's final order is: <br>(a) In violation of constitutional or statutory provisions; <br>(b) In excess of the statutory authority of the agency; <br>(c) Without support of substantial evidence on the whole record; <br>(d) Arbitrary, capricious, or characterized by abuse of discretion; <br>(e) Based on an ex parte communication which substantially prejudiced the rights
of any party and likely affected the outcome of the hearing;
(f) Prejudiced by a failure of the person conducting a proceeding to be
disqualified pursuant to KRS 13B.040(2); or
(g) Deficient as otherwise provided by law.
Effective: July 15, 1996 <br>History: Created 1994 Ky. Acts ch. 382, sec. 15, effective July 15, 1996.
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