286.8-210 Judicial review.
Any person aggrieved by final order of the commissioner 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 commissioner, and
thereupon the commissioner 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 commissioner or there were reasonable grounds for failure to do so. The
findings of the commissioner 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
commissioner the court may order the additional evidence to be taken before the
commissioner and to be adduced upon the hearing in such manner and upon such
conditions as the court may consider proper. The commissioner may modify his or her
findings as to the facts, by reason of additional evidence so taken, and the commissioner
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 commissioner'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, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 786, effective July 15, 2010. -- 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.
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