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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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