67A.670 Appeal to circuit court.
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(2)
(3)
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The order or determination of the board upon the rehearing shall be conclusive and
binding, but any interested party may, within twenty (20) days after the rendition of
the order of the board, by petition appeal to the Circuit Court of the county in which
the urban-county government is located for a review of the order of the board.
The petition shall state fully the grounds upon which a review is sought, assign all
errors relied on and be verified by the petitioner who shall furnish a copy to the
board at the time of the filing of the same. Summons shall be issued directing the
board to answer within twenty (20) days and directing the board to send the original
record to the circuit clerk certifying that such record is the entire original record of
the rehearing which shall be filed by the clerk of the Circuit Court and such record
shall then become and be considered by the Circuit Court on the review. The appeal
provided for herein shall not be considered effective unless the person making the
appeal has paid to the board one-half (1/2) of the cost of the transcript of the record
of the rehearing within the period provided for making the appeal.
No new nor additional evidence may be introduced in the Circuit Court except as to
fraud or misconduct of some person engaged in the administration of KRS 67A.360
to 67A.690, and affecting the order, decision or determination appealed from, but
the court shall otherwise hear the cause upon the record as certified by the board
and shall dispose of the cause in summary manner, its review being limited to
determining whether or not:
(a) The board acted without or in excess of its powers;
(b) The order, decision or determination was procured by fraud;
(c) The order, decision or determination of the board is not in conformity with the
provisions of KRS 67A.360 to 67A.690;
(d) If findings of fact are in issue the party seeking to set aside any order, decision
or determination of the board shall have the burden of proof to show by clear
and satisfactory evidence that the order, decision or determination is
unreasonable or unlawful. If upon appeal as herein provided, the order,
decision or determination of the board is reversed the party perfecting the
appeal shall be refunded by the board his portion of the costs paid for the
transcript of the record made on the rehearing.
The board and each interested party may appear before the Circuit Court. The court
shall enter judgment affirming, modifying or setting aside the order, decision or
determination appealed from, or in its discretion remand the cause to the board for
further proceedings in conformity with the direction of the court. The court may,
before judgment and upon a sufficient showing of fact, remand the cause to the
board.
Effective: July 1, 1974
History: Created 1974 Ky. Acts ch. 106, sec. 32, effective July 1, 1974.
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