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341.450 Judicial review.
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Except as provided in KRS 341.460, within twenty (20) days after the date of the
decision of the commission, any party aggrieved thereby may, after exhausting his
remedies before the commission, secure judicial review thereof by filing a
complaint against the commission in the Circuit Court of the county in which the
claimant was last employed by a subject employer whose reserve account or
reimbursing employer account is affected by such claims. Any other party to the
proceeding before the commission shall be made a defendant in such action. The
complaint shall state fully the grounds upon which review is sought, assign all
errors relied on, and shall be verified by the plaintiff or his attorney. The plaintiff
shall furnish copies thereof for each defendant to the commission, which shall
deliver one (1) copy to each defendant.
Summons shall issue upon the complaint directing the commission to file answer
within twenty (20) days after service thereof. Such summons shall be served upon a
member of the commission, or upon such person as the commission designates, and
such service shall be deemed complete service upon all members of the
commission. The commission may be represented by any qualified attorney
designated by the commission for that purpose or, at the request of the commission,
by the Attorney General. With its answer, the commission shall certify and file as an
exhibit with the court all documents and papers, and a transcript of all testimony
taken in the matter, and orders made therein, together with its findings of fact and
decision therein. If consented to by the plaintiff and the adverse party, an abstract of
any portion of the record may be certified by the commission in lieu of certifying
such portion of the record in full. The commission may certify to the court questions
of law involved in any decision by it.
Such actions, and the questions so certified, shall be heard by the court in a
summary manner upon the record certified by the commission. The court on its own
motion or on the motion of an interested party shall assign a date certain for the
review. The clerk of the court shall notify the attorneys of record of the date
assigned for review at least ten (10) days in advance thereof. The court shall enter
judgment, affirming, modifying, or setting aside the order and the decision appealed
from or determining the question of law certified to it by the commission, and may
in advance of judgment, remand the case to the commission for further proceedings
in accordance with the direction of the court.
An appeal may be taken from the decision of the Circuit Court to the Court of
Appeals, in the same manner, but not inconsistent with the provisions of this
chapter, as is provided in equity cases.
It shall not be necessary, in any judicial proceeding under this section or KRS
341.460, to have entered exceptions to the rulings of the commission, and no bond
shall be required for entering such appeal. Upon the final determination of such
judicial proceeding, the commission shall enter an order in accordance with such
determination. A petition for judicial review shall not act as a supersedeas or stay
unless the commission shall so order.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 266, sec. 15, effective July 15, 1996. -- Amended
1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 275, effective January 2, 1978. -Amended 1958 Ky. Acts ch. 4, sec. 10. -- Amended 1954 Ky. Acts ch. 177, sec. 4. -Amended 1950 Ky. Acts ch. 206, sec. 1. -- Amended 1948 Ky. Acts ch. 216, sec. 17.
-- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. sec. 4748g-11.
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