KRS 16.193: Appeal of judgment of trial board to Franklin Circuit Court -- Appeal of

court's judgment to Court of Appeals.

(1) Any officer of the department found guilty by the trial board of any charge as

provided in KRS 16.192 shall have the right, within ten (1 0) days from the date of

judgment of the trial board, to appeal to the Franklin Circuit Court if the

punishment is:

(a) A suspension of more than twenty (20) days;

(b) A pay reduction of more than ten percent (10%);

(c) A grade reduction if his classification so warrants; or

(d) Dismissal from the department.

The enforcement of the judgment of the trial board upon said charges shall not be

suspended during the appeal.

(2) To perfect the appeal within the specified time, an officer shall file a copy of the

order, all the evidence heard, and a full transcribed record relative to the charges

with the Franklin County Circuit Clerk. The officer shall first post a bond to secure

the cost of the action in a lump -sum amount to be approved by the circuit clerk,

with corporate surety approved by the Department of Insurance as to solvency and

responsibility and authority to transact business in this state, or the officer may post

a cash bond. The members of the trial board and the commissioner shall be

necessary parties to the appeal. The circuit clerk shall docket the case as though it

were a petition in equity and shall immediately issue a summons for the appellee.

The summons shall be returnable in the same manner as in equity cases. Service of

summons upon the commi ssioner or acting commissioner shall be deemed service

upon the board.

(3) The appeal shall be scheduled for trial as soon as possible, and the hearing thereof

shall be expedited in the same manner as a declaratory judgment suit.

(4) No new or additional e vidence shall be introduced in the Franklin Circuit Court,

except as to fraud or misconduct of some party involved in the investigation of the

charges or a member of the trial board. The court shall sit in appellate jurisdiction

and shall not overturn the verdict of the trial board unless it finds:

(a) The board acted without or in excess of its powers;

(b) The order appealed from was procured by fraud; or

(c) If questions of fact are at issue, whether any substantial evidence exists to

support the order is sued by the trial board. The court shall enter a judgment

sustaining or setting aside the order of the trial board. The cost of the action

shall follow the judgment of the court.

(5) Any party aggrieved by a judgment of the Franklin Circuit Court may appea l to the

Court of Appeals in the manner provided in the Rules of Civil Procedure. The

appeal shall be docketed within sixty (60) days from the entry of judgment, unless

the time is extended by the Franklin Circuit Court, but in no event beyond one

hundred twenty (120) days from the entry of judgment.