KRS 95.883: Appeal to Circuit Court.

(1) The order or determination of the board upon the rehearing shall be conclusive and

binding, but any interested party may, within twenty (20) days after the rendition of

the order of the board, by petition appeal to the Circuit Court of the county in which

the city is located for a review of the order of the board.

(2) The petition shall state fully the grounds upon which a review is sought, assign all

errors relied on and be verified by the petitioner who shall furnish a copy to the

board at the time of the filing of the same. Summons shall be issued directing the

board to answer within twenty (20) days and directing the board to send the original

record to the circuit clerk certifying that such record is the entire original record of

the rehearing which sha ll be filed by the clerk of the Circuit Court and such record

shall then become and be considered by the Circuit Court on the review. The appeal

provided for herein shall not be considered effective unless the person making the

appeal has paid to the board one-half (1/2) of the cost of the transcript of the record

of the rehearing within the period provided for making the appeal.

(3) No new nor additional evidence may be introduced in the Circuit Court except as to

fraud or misconduct of some person engaged in the administration of KRS 95.851

to 95.884 and KRS 95.991, and affecting the order, decision, or determination

appealed from, but the court shall otherwise hear the cause upon the record as

certified by the board and shall dispose of the cause in summa ry manner, its review

being limited to determining whether or not:

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

(b) The order, decision, or determination was procured by fraud;

(c) The order, decision, or determination of the board is not in con formity with

the provisions of KRS 95.851 to 95.884 and KRS 95.991;

(d) If findings of fact are in issue the party seeking to set aside any order,

decision, or determination of the board shall have the burden of proof to show

by clear and satisfactory evidence that the order, decision, or determination is

unreasonable or unlawful. If upon appeal as herein provided the order,

decision, or determination of the board is reversed the party perfecting the

appeal shall be refunded by the board his portion of the costs paid for the

transcript of the record made on the rehearing.

(4) The board and each interested party may appear before the Circuit Court. The court

shall enter judgment affirming, modifying, or setting aside the order, decision, or

determination appealed from, or in its discretion remand the cause to the board for

further proceedings in conformity with the direction of the court. The court may,

before judgment and upon a sufficient showing of fact, remand the cause to the

board.