{"data":{"id":"us-ky/krs-16.150","jurisdiction":"us-ky","citation":"KRS 16.150","heading":"Appeal from disciplinary action or removal.","body":"(1) Any officer of the department who shall be found guilty by the trial board of any\ncharge as provided in KRS 16.140 shall have the right, within ten (10) days from\nthe date of judgment of the trial board, to appeal to the Franklin Circuit Court,\nprovided the punishment be a suspension of more than twenty (20) days or his pay\nbe reduced more than ten percent (10%), or if he is reduced in grade, if his\nclassification so warrants, or is removed or dismissed from the department;\nprovided, however, the enforcemen t of the judgment of the trial board upon said\ncharges shall not be suspended during said appeal.\n(2) To perfect said appeal within the time specified, such officer shall file in the office\nof the clerk of the Franklin Circuit Court a copy of the order, of  all the evidence\nheard, and of all the steps taken by the trial board relative to such charges, but shall\nfirst post a bond to secure the cost of the action in a lump sum to be approved by the\ncircuit clerk, with corporate surety approved by the Departmen t of Insurance as to\nsolvency and responsibility and authorized to transact business in this state, or he\nmay post a cash bond. The members of the trial board and the commissioner shall\nbe necessary parties to such appeal. The circuit clerk shall docket the case as though\nit were a petition in equity and shall immediately issue a summons for the appellee.\nThe summons shall be returnable in the same manner as in equity cases. Service of\nsummons upon the commissioner or acting commissioner shall be deemed ser vice\nupon the board.\n(3) Such action shall be set down for trial as soon as possible, and the hearing thereof\nshall be expedited in the same manner as a declaratory judgment suit.\n(4) No new or additional evidence shall be introduced in the Franklin Circui t Court,\nexcept as to fraud or misconduct of some party engaged in the administration of\nKRS 16.010 to 16.170, or one (1) who is a member of the trial board, but the court\nshall otherwise hear the case upon the record as attested by the board, and in all\nrespects dispose of the appeal in a summary manner. Its review shall be limited to\ndetermining whether or not:\n(a) The board acted without or in excess of its powers;\n(b) The order appealed from was procured by fraud; or\n(c) If questions of fact are in issu e, whether or not any substantial evidence\nsupports the order appealed from. After such a hearing, the court shall enter a\njudgment sustaining or setting aside the order of the trial board appealed from.\nThe cost of the action shall follow the judgment of the court.\n(5) Any party aggrieved by a judgment of the Franklin Circuit Court may appeal to the\nCourt of Appeals in the manner provided in the Rules of Civil Procedure, but such\nappeal shall be docketed within sixty (60) days from the entry of judgment, u nless\nthe time be extended by the Circuit Court, but in no event beyond one hundred\ntwenty (120) days from the entry of judgment.","path":["KRS Chapter 16"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=1106","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:36Z","sha256":"61e4b837a57c8d4c34591a006559ffafc579ddfa7f1d45dbd6e429b9c8926723","source_id":"us-ky","stale":false,"prev":"us-ky/krs-16.140","next":"us-ky/krs-16.160"},"notice":"GroundRules: Original legal text. Not legal advice."}