2014 Kentucky Revised Statutes CHAPTER 61 - GENERAL PROVISIONS AS TO OFFICES AND OFFICERS -- SOCIAL SECURITY FOR PUBLIC EMPLOYEES -- EMPLOYEES RETIREMENT SYSTEM 61.848 Enforcement by judicial action -- De novo determination in appeal of Attorney General's decision -- Voidability of action not substantially complying -- Awards in willful violation actions.
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61.848 Enforcement by judicial action -- De novo determination in appeal of
Attorney General's decision -- Voidability of action not substantially
complying -- Awards in willful violation actions.
(1)
(2)
(3)
(4)
(5)
(6)
The Circuit Court of the county where the public agency has its principal place
of business or where the alleged violation occurred shall have jurisdiction to
enforce the provisions of KRS 61.805 to 61.850, as they pertain to that public
agency, by injunction or other appropriate order on application of any person.
A person alleging a violation of the provisions of KRS 61.805 to 61.850 shall
not have to exhaust his remedies under KRS 61.846 before filing suit in a
Circuit Court. However, he shall file suit within sixty (60) days from his receipt
of the written denial referred to in subsections (1) and (2) of KRS 61.846 or, if
the public agency refuses to provide a written denial, within sixty (60) days from
the date the written complaint was submitted to the presiding officer of the
public agency.
In an appeal of an Attorney General's decision, where the appeal is properly
filed pursuant to subsection (4)(a) of KRS 61.846, the court shall determine the
matter de novo.
Except as otherwise provided by law or rule of court, proceedings arising under
this section take precedence on the docket over all other causes and shall be
assigned for hearing and trial at the earliest practicable date.
Any rule, resolution, regulation, ordinance, or other formal action of a public
agency without substantial compliance with the requirements of KRS 61.810,
61.815, 61.820, and KRS 61.823 shall be voidable by a court of competent
jurisdiction.
Any person who prevails against any agency in any action in the courts
regarding a violation of KRS 61.805 to 61.850, where the violation is found to
be willful, may be awarded costs, including reasonable attorneys' fees, incurred
in connection with the legal action. In addition, it shall be within the discretion of
the court to award the person an amount not to exceed one hundred dollars
($100) for each instance in which the court finds a violation. Attorneys' fees,
costs, and awards under this subsection shall be paid by the agency
responsible for the violation.
Effective:July 14, 1992
History: Created 1992 Ky. Acts ch. 162, sec. 8, July 14, 1992.
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