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151.186 Appeals from final orders.
(1)
(2)
Appeals may be taken from all final orders of the cabinet. Within thirty (30)
days from entry of the final order the appeal shall be taken to the Circuit Court
of the county where the structure or activity which is the subject of the order is
located. The party or parties affected by the final order shall file in the Circuit
Court a petition which states fully the grounds upon which a review is sought
and assign all errors relied on. The cabinet shall be named respondent, and
service shall be had on the secretary. Summons shall be issued upon the
petition directing the cabinet to send its entire record, properly bound, to the
clerk of the Circuit Court after certifying that such record is its entire original
record or a true copy thereof, which shall be filed by the clerk of the Circuit
Court and considered by the Circuit Court on the review. After the case has
been properly docketed in the Circuit Court, any party directly affected by the
issues on appeal may, upon notice to the parties and upon proper showing and
in the discretion of the court, be permitted to intervene. Upon hearing of the
appeal, the findings of the cabinet shall be prima facie evidence of the facts
found therein. The court shall review the entire record and the findings and final
order of the cabinet.
Appeals to the Court of Appeals from orders of the Circuit Court shall be taken
in the manner provided in the Kentucky Rules of Civil Procedure.
Effective:July 14, 1992
History: Amended 1992 Ky. Acts ch. 215, sec. 5, effective July 14, 1992. -Created 1980 Ky. Acts ch. 253, sec. 3, effective July 15, 1980.
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