There is a newer version of the Kentucky Revised Statutes
2009 Kentucky Revised Statutes
CHAPTER 292 SECURITIES (BLUE SKY LAW)
292.490 Judicial review of orders.
Download pdforder 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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