Find Legal Information

216B.115 Appeal to Franklin Circuit Court.

Download pdf

Page 1 of 1 216B.115 Appeal to Franklin Circuit Court. (1) An appeal to the Franklin Circuit Court may be taken from any final decision of the cabinet with respect to a certificate-of-need application, a certificate of need, or a <br>license, by any party to the proceedings. (2) An appeal may be taken by filing a petition for review in the Franklin Circuit Court within thirty (30) days after notice of the final decision unless a request for <br>reconsideration has been filed, in which case the petition shall be filed within fifteen <br>(15) days of the cabinet's decision not to reconsider or notice of its decision on <br>reconsideration. The petition shall state completely the grounds upon which the <br>review is sought and shall assign all errors relied upon. The petitioner shall serve a <br>copy of the petition to each person who was a party to the proceedings. Summons <br>shall be issued upon the petition directing the adverse party or parties to file an <br>answer within twenty (20) days after service of summons. The cabinet shall, upon <br>being served with the summons and within thirty (30) days thereafter, file a copy of <br>the record, duly certified by the secretary, the cost of the record to be taxed as costs <br>upon appeal. In lieu of filing of the record, an abstract thereof may be filed if all <br>parties to the appeal agree. Effective: July 15, 1996 <br>History: Amended 1996 Ky. Acts ch. 371, sec. 55, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 512, Part 7, sec. 41, effective July 15, 1994. -- Amended 1990 Ky. <br>Acts ch. 499, sec. 11, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 210, <br>sec. 25, effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 347, sec. 21, effective <br>July 15, 1982. -- Created 1980 Ky. Acts ch. 135, sec. 22, effective July 15, 1980.