278.440 Evidence to be heard by court -- Remand.
Any action brought under KRS 278.410 shall be heard and decided by the court upon the
evidence submitted to the commission as shown by the record, and no other evidence
shall be received. If any party satisfies the court that evidence has been discovered since
the hearing before the commission that could not have been obtained for use at that
hearing by the exercise of reasonable diligence and will materially affect the merits of the
case, the court may remand the record and proceedings to the commission, with directions
to take the newly-discovered evidence, and after consideration thereof, enter and file a
proper order, which may be reviewed in the same manner as any other final order of the
commission.
Effective: July 13, 1990
History: Amended 1990 Ky. Acts ch. 149, sec. 2, effective July 13, 1990; and ch. 354,
sec. 3, effective July 13, 1990. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective
October 1, 1942, from Ky. Stat. secs. 3952-47, 3952-50.
Legislative Research Commission Note. (7/13/90). This section was amended by
identical amendments in two 1990 Acts, which have been compiled together.
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