13B.140 Judicial review of final order. - Kentucky Statutes

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Page 1 of 1 13B.140 Judicial review of final order. (1) All final orders of an agency shall be subject to judicial review in accordance with the provisions of this chapter. A party shall institute an appeal by filing a petition in
the Circuit Court of venue, as provided in the agency's enabling statutes, within
thirty (30) days after the final order of the agency is mailed or delivered by personal
service. If venue for appeal is not stated in the enabling statutes, a party may appeal
to Franklin Circuit Court or the Circuit Court of the county in which the appealing
party resides or operates a place of business. Copies of the petition shall be served
by the petitioner upon the agency and all parties of record. The petition shall include
the names and addresses of all parties to the proceeding and the agency involved,
and a statement of the grounds on which the review is requested. The petition shall
be accompanied by a copy of the final order. (2) A party may file a petition for judicial review only after the party has exhausted all administrative remedies available within the agency whose action is being
challenged, and within any other agency authorized to exercise administrative
review. (3) Within twenty (20) days after the service of the petition, or within further time allowed by the court, the agency shall transmit to the reviewing court the original or
a certified copy of the official record of the proceeding under review. By stipulation
of all parties to the review proceedings, the record may be shortened. The court may
require or permit subsequent correction or additions to the official record. If the
court requests a transcript of proceedings that have not been transcribed, the cost of
the transcription shall be paid by the party initiating the appeal, unless otherwise
agreed to by all parties. (4) A petition for judicial review shall not automatically stay a final order pending the outcome of the review, unless:
(a) An automatic stay is provided by statute upon appeal or at any point in the administrative proceedings; (b) A stay is permitted by the agency and granted upon request; or
(c) A stay is ordered by the Circuit Court of jurisdiction upon petition. Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 318, sec. 13, effective July 15, 1996. -- Created 1994 Ky. Acts ch. 382, sec. 14, effective July 15, 1996.