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44.140 Appeal from award or judgment of board.
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Appeals may be taken by a state agency from all awards of the board where
the amount in controversy, exclusive of interest and costs, is more than one
thousand dollars ($1,000). Appeals shall be taken to the Circuit Court of the
county wherein the hearing was conducted, provided, however, that an appeal
involving a nonresident claimant may be taken by a state agency to the
Franklin Circuit Court with the approval of the board. No state agency can
appeal any decision of the board without securing the prior approval of the
Attorney General. Appeals shall be taken within forty-five (45) days from the
rendition of the award, and the method of appeals shall follow as nearly as may
be the rules of civil procedure, except the Commonwealth shall not be required
to execute bond.
Any claimant whose claim is one thousand dollars ($1,000) or greater may
within forty-five (45) days after receipt of the copy of the report containing the
final decision of the board, file a proceeding in the Circuit Court of the county
wherein the hearing was conducted to review the decision of the board. A copy
of the filing and complaint shall be served on the Attorney General in the
manner provided by the rules of civil procedure.
The board, the state agency and the claimant shall be necessary parties to
such appeals. It shall not be necessary for the board to file responsive
pleadings unless it so desires.
The executive director of the board shall within thirty (30) days after service of
the summons file the entire original record properly bound, with the clerk of the
Circuit Court, after certifying that such record is the board's entire original
record and such record shall be considered by the Circuit Court in its review. If
either party requests a transcript of the evidence in writing, the requesting party
shall bear the cost of the original copy of the transcript and it shall be furnished
within ninety (90) days from the date of the written request.
On appeal no new evidence may be introduced, except as to fraud or
misconduct of some person engaged in the hearing before the board. The
court sitting without a jury shall hear the cause upon the record before it, and
dispose of the appeal in a summary manner, being limited to determining:
Whether or not the board acted without or in excess of its powers; the award
was procured by fraud; the award is not in conformity to the provisions of KRS
44.070 to 44.160; and whether the findings of fact support the award. The court
shall enter its findings on the order book as a judgment of the court, and such
judgment shall have the same effect and be enforceable as any other judgment
of the court in civil causes.
Effective:July 14, 2000
History: Amended 2000 Ky. Acts ch. 304, sec. 3, effective July 14, 2000. -Amended 1984 Ky. Acts ch. 310, sec. 1, effective July 13, 1984. -- Amended
1982 Ky. Acts ch. 355, sec. 2, effective July 15, 1982. -- Amended 1980 Ky.
Acts ch. 291, sec. 1, effective July 15, 1980. -- Amended 1960 Ky. Acts ch. 25,
sec. 7. -- Amended 1958 Ky. Acts ch. 52, sec. 3. -- Created 1946 Ky. Acts
ch. 189, sec. 9.
Formerly codified as KRS 176.360.
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