2006 Kentucky Revised Statutes - .210   Judicial review.

286.8-210 Judicial review. Any person aggrieved by final order of the executive director may obtain a review of the order in Franklin Circuit Court, by filing in court, within sixty (60) 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 executive director, and thereupon the executive director 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 executive director or there were reasonable grounds for failure to do so. The findings of the executive director 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 executive director the court may order the additional evidence to be taken before the executive director and to be adduced upon the hearing in such manner and upon such conditions as the court may consider proper. The executive director may modify his findings as to the facts, by reason of additional evidence so taken, and he shall file any modified or new findings, which if supported by substantial evidence shall be conclusive. The commencement of proceedings under this section does not, unless specifically ordered by the court, operate as a stay of the executive director's order. An appeal may be taken from the judgment of the Franklin Circuit Court upon 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, 1980 History:Created 1980 Ky. Acts ch. 365, sec. 22, effective July 15, 1980. Formerly codified as KRS 294.210. Legislative Research Commission Note (7/12/2006). In accordance with 2006 Ky. Acts ch. 247, secs. 38 and 39, this statute has been renumbered as a section of the Kentucky Financial Services Code, KRS Chapter 286. Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in 2005 legislation confirming the reorganization of the executive branch. Such a correction has been made in this section.