{"data":{"id":"us-ky/krs-16.193","jurisdiction":"us-ky","citation":"KRS 16.193","heading":"Appeal of judgment of trial board to Franklin Circuit Court -- Appeal of","body":"court's judgment to Court of Appeals.\n(1) Any officer of the department found guilty by the trial board of any charge as\nprovided in KRS 16.192 shall have the right, within ten (1 0) days from the date of\njudgment of the trial board, to appeal to the Franklin Circuit Court if the\npunishment is:\n(a) A suspension of more than twenty (20) days;\n(b) A pay reduction of more than ten percent (10%);\n(c) A grade reduction if his classification so warrants; or\n(d) Dismissal from the department.\nThe enforcement of the judgment of the trial board upon said charges shall not be\nsuspended during the appeal.\n(2) To perfect the appeal within the specified time, an officer shall file a copy of the\norder, all the evidence heard, and a full transcribed record relative to the charges\nwith the Franklin County Circuit Clerk. The officer shall first post a bond to secure\nthe cost of the action in a lump -sum amount to be approved by the circuit clerk,\nwith corporate surety approved by the Department of Insurance as to solvency and\nresponsibility and authority to transact business in this state, or the officer may post\na cash bond. The members of the trial board and the commissioner shall be\nnecessary parties to the appeal. The circuit clerk shall docket the case as though it\nwere 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 commi ssioner or acting commissioner shall be deemed service\nupon the board.\n(3) The appeal shall be scheduled 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 e vidence shall be introduced in the Franklin Circuit Court,\nexcept as to fraud or misconduct of some party involved in the investigation of the\ncharges or a member of the trial board. The court shall sit in appellate jurisdiction\nand shall not overturn the verdict of the trial board unless it finds:\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 at issue, whether any substantial evidence exists to\nsupport the order is sued by the trial board. The court shall enter a judgment\nsustaining or setting aside the order of the trial board. The cost of the action\nshall follow the judgment of the court.\n(5) Any party aggrieved by a judgment of the Franklin Circuit Court may appea l to the\nCourt of Appeals in the manner provided in the Rules of Civil Procedure. The\nappeal shall be docketed within sixty (60) days from the entry of judgment, unless\nthe time is extended by the Franklin Circuit Court, but in no event beyond one\nhundred twenty (120) days from the entry of judgment.","path":["KRS Chapter 16"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=1122","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:36Z","sha256":"c3f8b65b7b8cd30ee40765fd450f6f2645b2c9a89bf040254d4c43fb01825c59","source_id":"us-ky","stale":false,"prev":"us-ky/krs-16.192","next":"us-ky/krs-16.194"},"notice":"GroundRules: Original legal text. Not legal advice."}