KRS 278.712: Local public hearing -- Procedure -- Parties -- Action to vacate or set aside

ruling.

(1) The board may convene a local public hearing upon receipt of a request by not less

than three (3) interested persons that reside in a county or municipal corpora tion in

which the facility is proposed to be constructed to consider the application for a

construction certificate. The board shall convene a local public hearing in response

to a request from the planning and zoning commission, mayor of a city, or county

fiscal court of a jurisdiction where the facility is proposed to be located. If the

facility is proposed to be located in more than one (1) county, the board may

convene a local public hearing and the hearing shall be held in the county with the

largest p opulation not more than sixty (60) days after receipt of a completed

application. Absent the minimum number of requests for a local public hearing, the

board may conduct all evidentiary proceedings in Franklin County.

(2) In any hearing on an application for a construction certificate, the board shall not be

bound by the technical rules of legal evidence. Any hearing shall be conducted

pursuant to and in conformance with rules and requirements set forth by the board

in administrative regulations promulgated pursuant to KRS 278.702(2).

(3) The parties to a proceeding before the board shall include:

(a) The applicant; and

(b) Any person having been granted the right of intervention pursuant to

subsection (4) of this section.

(4) Any interested person, includin g a person residing in a county or municipal

corporation in which the facility is proposed to be constructed may, upon motion to

the board, be granted leave to intervene as a party to a proceeding held pursuant to

this section.

(5) Any party to a proceedin g held pursuant to this section or any final determination

pursuant to KRS 278.710 may, within thirty (30) days after service of the board's

final ruling, bring an action against the board in the Circuit Court of the county in

which the facility is propose d to be constructed to vacate or set aside the ruling on

grounds that the ruling is arbitrary, capricious, or otherwise unlawful or

unreasonable. Any party instituting an action for review of the board's ruling in the

Circuit Court of the county in which t he facility is proposed to be constructed shall

give notice to all parties of record in the board's proceeding.