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77.315 Appeals from final orders of board -- Appeals from Circuit Court
orders.
(1)
(2)
Appeals may be taken from a final order of the board rendered after a hearing.
An appeal shall be taken within thirty (30) days from the rendition of an order to
the Circuit Court of the county in which the district is located. A person affected
by the order shall file in the Circuit Court a petition which states fully the
grounds upon which a review is sought and assigns all errors relied upon. The
district shall be named respondent. Notice shall be given by the appellant to all
parties of record to the prior proceedings. Service on the district shall be had
on the secretary-treasurer. Summons shall issue upon the petition directing the
district to send its entire record, properly bound, to the clerk of the Circuit Court
after certifying that the record is its entire original record or a true copy thereof,
which shall be filed by the clerk of the Circuit Court and shall then become
official and be considered by the Circuit Court on the review. After the case has
been properly docketed in the Circuit Court, a person directly affected by the
issues on appeal may, upon notice to the parties, upon proper showing, and in
the discretion of the court, be permitted to intervene. Upon hearing of the
appeal, the findings of the district shall constitute a rebuttable presumption of
the facts found therein. The court shall review the entire record and the findings
and order of the district.
Appeals from orders of the Circuit Court shall be taken in the manner provided
in the Kentucky Rules of Civil Procedure and the Kentucky Rules of Criminal
Procedure.
Effective:July 15, 1994
History: Created 1994 Ky. Acts ch. 420, sec. 10, effective July 15, 1994.
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