2011 Kentucky Revised Statutes CHAPTER 278 PUBLIC SERVICE COMMISSION 278.712 Local public hearing -- Procedure -- Parties -- Action to vacate or set aside ruling.
KY Rev Stat § 278.712 (1996 through Reg Sess) What's This?
278.712 Local public hearing -- Procedure -- Parties -- Action to vacate or set aside
ruling.
(1)
(2)
(3)
(4)
(5)
The board may convene a local public hearing upon receipt of a request by not less
than three (3) interested persons that reside in a county or municipal corporation in
which the facility is proposed to be constructed to consider the application for a
construction certificate. The board shall convene a local public hearing in response
to a request from the planning and zoning commission, mayor of a city, or county
fiscal court of a jurisdiction where the facility is proposed to be located. If the
facility is proposed to be located in more than one (1) county, the board may
convene a local public hearing and the hearing shall be held in the county with the
largest population not more than sixty (60) days after receipt of a completed
application. Absent the minimum number of requests for a local public hearing, the
board may conduct all evidentiary proceedings in Franklin County.
In any hearing on an application for a construction certificate, the board shall not be
bound by the technical rules of legal evidence. Any hearing shall be conducted
pursuant to and in conformance with rules and requirements set forth by the board
in administrative regulations promulgated pursuant to KRS 278.702(2).
The parties to a proceeding before the board shall include:
(a) The applicant; and
(b) Any person having been granted the right of intervention pursuant to
subsection (4) of this section.
Any interested person, including a person residing in a county or municipal
corporation in which the facility is proposed to be constructed may, upon motion to
the board, be granted leave to intervene as a party to a proceeding held pursuant to
this section.
Any party to a proceeding held pursuant to this section or any final determination
pursuant to KRS 278.710 may, within thirty (30) days after service of the board's
final ruling, bring an action against the board in the Circuit Court of the county in
which the facility is proposed to be constructed to vacate or set aside the ruling on
grounds that the ruling is arbitrary, capricious, or otherwise unlawful or
unreasonable. Any party instituting an action for review of the board's ruling in the
Circuit Court of the county in which the facility is proposed to be constructed shall
give notice to all parties of record in the board's proceeding.
Effective: April 24, 2002
History: Created 2002 Ky. Acts ch. 365, sec. 7, effective April 24, 2002.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
