KRS 13B.150: Conduct of judicial review.

(1) Except as provided in KRS 452.005, review of a final order shall be conducted by

the court without a jury and shall be confined to the record, unless there is fraud or

misconduct involving a party engaged in administration of this chapter. The court,

upon request, may hear oral argument and receive written briefs. Challenges to the

constitutionality of a final order shall be reviewed in accordance with KRS 452.005.

(2) The court shall not substitute its judgment for that of the agency as to the weight of

the evidence on questions of fact. The court may affirm the final order or it may

reverse the final order, in whole or in part, and remand the case for further

proceedings if it finds the agency's final order is:

(a) In violation of constitutional or statutory provisions;

(b) In excess of the statutory authority of the agency;

(c) Without support of substantial evidence on the whole record;

(d) Arbitrary, capricious, or characterized by abuse of discretion;

(e) Based on an ex parte communication which substantially prejudiced the rights

of any party and likely affected the outcome of the hearing;

(f) Prejudiced by a failure of the person conducting a proceeding to be

disqualified pursuant to KRS 13B.040(2); or

(g) Deficient as otherwise provided by law.

(3) The court shall apply de novo review of the agency's final order on questions of

law. An agency's interpretation of a statute or administrative regulation shall not be

entitled to deference from a reviewing court.