2014 Kentucky Revised Statutes CHAPTER 278 - PUBLIC SERVICE COMMISSION 278.410 Action to review order of commission -- Institution -- Answer -- Injunction.
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278.410 Action to review order of commission -- Institution -- Answer -Injunction.
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Any party to a commission proceeding or any utility affected by an order of the
commission may, within thirty (30) days after service of the order, or within
twenty (20) days after its application for rehearing has been denied by failure of
the commission to act, or within twenty (20) days after service of the final order
on rehearing, when a rehearing has been granted, bring an action against the
commission in the Franklin Circuit Court to vacate or set aside the order or
determination on the ground that it is unlawful or unreasonable. Service of a
commission order is complete three (3) days after the date the order is mailed.
Notice of the institution of such action shall be given to all parties of record
before the commission.
The answer of the commission shall be served and filed within twenty (20)
days after service of the complaint. The action shall then be at issue and stand
ready for trial upon ten (10) days' notice to either party, on the equity side of
the docket of the court. The answer need not deny verbatim the allegations of
the petition, but a general denial thereof on behalf of the commission shall be
sufficient.
Injunctive relief may be granted by the Circuit Court in the manner and upon
the terms provided by law.
Effective:July 15, 1994
History: Amended 1994 Ky. Acts ch. 142, sec. 2, effective July 15, 1994. -Amended 1978 Ky. Acts ch. 379, sec. 48, effective April 1, 1979. -- Amended
1976 Ky. Acts ch. 88, sec. 13, effective March 29, 1976. -- Amended 1952 Ky.
Acts ch. 46, sec. 4, effective March 5, 1952. -- Recodified 1942 Ky. Acts
ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 3952-44,
3952-45, 3952-46.
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