KRS 224.10-470: Appeals from final orders of the cabinet.

(1) Appeals may be taken from all final orders of the Energy and Environment Cabinet.

Except as provided in subsection (3) of this section, the appeal shall be taken to the

Franklin Circuit Court within thirty (30) days from entry 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 assign all errors

relied on. The cabinet shall be named respondent, and service shall be had on the

secretary. 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

such record is its entire original record or a true copy thereof, which shall be filed

by the clerk of the Circuit Court and such record shall then 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 and upon proper showing and in the discretion of the

court be permitted to intervene. Upon hearing of the appeal the findings of the

cabinet shall be prima facie evidence of the facts found therein. The court shall

review the entire record and the findings and final order of the cabinet.

(2) 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.

(3) Final orders of the cabinet regarding environmental permits for an industrial energy

facility as defined in KRS 224.1 -010 shall be subject to expedited review by the

Circuit Court located in the county where the industrial energy facility is proposed

to be located.