{"data":{"id":"us-ky/krs-13b.150","jurisdiction":"us-ky","citation":"KRS 13B.150","heading":"Conduct of judicial review.","body":"(1) Except as provided in KRS 452.005, review of a final order shall be conducted by\nthe court without a jury and shall be confined to the record, unless there is fraud or\nmisconduct involving a party engaged in administration of this chapter. The court,\nupon request, may hear oral argument and receive written briefs. Challenges to the\nconstitutionality of a final order shall be reviewed in accordance with KRS 452.005.\n(2) The court shall not substitute its judgment for that of the agency as to the weight of\nthe evidence on questions of fact. The court may affirm the final order or it may\nreverse the final order, in whole or in part, and remand the case for further\nproceedings if it finds the agency's final order is:\n(a) In violation of constitutional or statutory provisions;\n(b) In excess of the statutory authority of the agency;\n(c) Without support of substantial evidence on the whole record;\n(d) Arbitrary, capricious, or characterized by abuse of discretion;\n(e) Based on an ex parte communication which substantially prejudiced the rights\nof any party and likely affected the outcome of the hearing;\n(f) Prejudiced by a failure of the person conducting a proceeding to be\ndisqualified pursuant to KRS 13B.040(2); or\n(g) Deficient as otherwise provided by law.\n(3) The court shall apply de novo review of the agency's final order on questions of\nlaw. An agency's interpretation of a statute or administrative regulation shall not be\nentitled to deference from a reviewing court.","path":["KRS Chapter 13B"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56390","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:31Z","sha256":"3f437aabff4aaea026420eefaa43e65547aa8c3549e4de561383e096b860e178","source_id":"us-ky","stale":false,"prev":"us-ky/krs-13b.140","next":"us-ky/krs-13b.160"},"notice":"GroundRules: Original legal text. Not legal advice."}