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350.0305 Appeal of cabinet's order.
Any party aggrieved by a final order resulting from the hearing conducted pursuant to
KRS 350.0301(1) on cabinet determinations may appeal to the Franklin Circuit Court;
except that judicial review of a final order resulting from a hearing on the issuance of a
notice of noncompliance, the issuance of an order for cessation and immediate
compliance, the assessment of civil penalties, or a bond forfeiture shall be in accordance
with KRS 350.032. The appeal shall be taken within thirty (30) days from the rendition of
the final order. The party or parties affected by the final order shall file in the Circuit
Court a petition which states fully the grounds upon which a review is sought and shall
assign all errors relied on. The cabinet shall be named respondent, and service shall be
had on the cabinet. Summons shall issue upon the petition directing the cabinet to send its
entire record, properly bound, to the clerk of the Circuit Court after certifying that the
record is its entire original record or a true copy. The record, when filed, shall become
official and be considered by the Circuit Court on the review. After the case has been
properly docketed in the Circuit Court, any party directly affected by the issues on appeal,
may, upon notice to the parties, upon proper showing, and in the discretion of the court,
be permitted to intervene. The court shall review the entire record and the findings and
final order of the cabinet. No objection to the final order shall be considered by the court
unless it was raised before the cabinet or there were reasonable grounds for failure to do
so. The findings of the cabinet as to the facts, if supported by substantial evidence, shall
be conclusive. The commencement of the proceedings under this section shall not operate
as a stay of the cabinet's final order unless specifically ordered by the court. Appeals to
the Court of Appeals from orders of the Circuit Court shall be taken in the manner
provided in the Kentucky Rules of Civil Procedure.
Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 178, sec. 3, effective July 15, 1994. – Created
1992 Ky. Acts ch. 304, sec. 2, effective July 14, 1992.
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