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292.490 Judicial review of orders.
Any person aggrieved by a final order of the commissioner may obtain a review of
the order by filing in accordance with KRS Chapter 13B in the Franklin Circuit Court,
within thirty (30) 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 the
additional evidence so taken; and the commissioner shall file any modified or new
findings, which if supported by substantial evidence shall be conclusive, and any
recommendation for the modification or setting aside of the original order. 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 on 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. 877, effective July 15, 2010. -Amended 1998 Ky. Acts ch. 20, sec. 21, effective July 15, 1998. -- Amended
1994 Ky. Acts ch. 165, sec. 20, effective July 15, 1994. -- Created 1960 Ky. Acts
ch. 110, sec. 19, effective January 1, 1961.
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