MARTHA VARNEY V. EDDY COLEMAN, JUDGE, PIKE CIRCUIT COURT, AND KENTUCKY UNEMPLOYMENT INSURANCE COMMISSION AND BURNS INTERNATIONAL SECURITY SERVICES CORPORATION

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IMPORIF'A1VT NOTICE NOT TO BE PUBLISHED OPINION THIS OPINIONIS DESIGNA TED "NOT TO BE PUBLISHED. " PURSUANT TO THE RULES OF CIVIL PROCED URE PROMULGA TED BY THE ,SUPREME COURT, CR ?'6.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS A UTHORITY INANY OTHER CASE INANY COURT OF THIS STATE. RENDERED : OCTOBER 21, 2004 NOT TO BE PUBLISHED ,*uyrrmr (~vurf of i 2004-SC-0308-MR MARTHA VARNEY V APPELLANT APPEAL FROM COURT OF APPEALS 2004-CA-0176-OA PIKE CIRCUIT COURT NO . 2003-CI-0169 EDDY COLEMAN, JUDGE, PIKE CIRCUIT COURT, AND KENTUCKY UNEMPLOYMENT INSURANCE COMMISSION APPELLEES AND BURNS INTERNATIONAL SECURITY SERVICES CORPORATION REAL PARTY IN INTEREST MEMORANDUM OPINION OF THE COURT AFFIRMING Appellant, Martha Varney, appealed a decision of the Kentucky Unemployment Insurance Commission ("the Commission") to the Pike Circuit Court . The complaint was not sworn to under oath . The statute enabling the appeal requires that the complaint be verified . The Court of Appeals concluded that this was a failure to verify the complaint as required by KRS 341 .450. Thus, it held that the circuit court did not have jurisdiction over the case. We agree that verification is a prerequisite to jurisdiction and, therefore, affirm the Court of Appeals . Varney worked for Burns International Security Services Corporation for almost two years before she was discharged from her job. She then filed for unemployment insurance benefits . She received benefits until the Commission held a hearing on her application . The Commission denied her request . Varney sought judicial review of the decision by filing a complaint in the Pike Circuit Court. After the complaint was served on Burns, Burns moved to dismiss the complaint on grounds that the complaint did not comply with the requirements of KRS 341 .450 . Varney responded by filing an amended complaint, which the circuit court allowed . Burns then petitioned the Court of Appeals for a writ to prohibit the trial court from proceeding further in the case and to order it to strike the amended complaint and dismiss the action with prejudice . The Court of Appeals granted the writ . Varney appeals that decision as a matter of right. Varney persuasively argues that a verified complaint is not a jurisdictional requirement under the Civil Rules . But when reviewing a decision from an administrative agency, the civil rules do not apply until the reviewing court's jurisdiction has been properly invoked . Board of Adjustments of City of Richmond v. Flood , Ky., 581 S .W .2d 1, 2 (1978). Strict compliance with the statutory requirement for appealing an administrative agency's decision is necessary to invoke the reviewing court's jurisdiction . A long line of cases hold that a verified complaint is one of these requirements when seeking review of a ruling by the Commission under KRS 341 .450. See, e .,9_, Fisher v. Kentucky Unemployment Insurance Commission, Ky. App., 880 S .W .2d 891 (1994); Pickhart v. United States Post Office, Ky. App., 664 S .W.2d 939 (1983). A verified complaint must be sworn to under oath . 3 Am. Jur. 2d Affidavits § 8 (online ed . May 2004 update) . The complaint in this case was not sworn to; it was not verified . Consequently, the requirements for invoking the trial court's jurisdiction were not met. We therefore affirm the Court of Appeals. All concur. COUNSEL FOR APPELLANT : Lawrence R. Webster Billy J . Moseley P. O. Drawer 712 Pikeville, KY 41502 COUNSEL FOR APPELLEE, HON . EDDY COLEMAN, JUDGE: Eddy Coleman 435 Hall of Justice 172 Division Street Pikeville, KY 41501 COUNSEL FOR APPELLEE, KENTUCKY UNEMPLOYMENT INSURANCE COMMISSION: Randall K. Justice Workforce Development Cabinet Office of General Counsel 500 Mero Street 207 Capital Plaza Tower Frankfort, KY 40621 COUNSEL FOR REAL PARTY IN INTEREST, BURNS INTERNATIONAL SECURITY SERVICES CORPORATION : Susan C . Sears Catherine Salmen Wright Dinsmore & Shohl, LLP Lexington Financial Center, Suite 1400 250 West Main Street Lexington, KY 40507

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