{"data":{"id":"us-ky/krs-278.712","jurisdiction":"us-ky","citation":"KRS 278.712","heading":"Local public hearing -- Procedure -- Parties -- Action to vacate or set aside","body":"ruling.\n(1) The board may convene a local public hearing upon receipt of a request by not less\nthan three (3) interested persons that reside in a county or municipal corpora tion in\nwhich the facility is proposed to be constructed to consider the application for a\nconstruction certificate. The board shall convene a local public hearing in response\nto a request from the planning and zoning commission, mayor of a city, or county\nfiscal court of a jurisdiction where the facility is proposed to be located. If the\nfacility is proposed to be located in more than one (1) county, the board may\nconvene a local public hearing and the hearing shall be held in the county with the\nlargest p opulation not more than sixty (60) days after receipt of a completed\napplication. Absent the minimum number of requests for a local public hearing, the\nboard may conduct all evidentiary proceedings in Franklin County.\n(2) In any hearing on an application for a construction certificate, the board shall not be\nbound by the technical rules of legal evidence. Any hearing shall be conducted\npursuant to and in conformance with rules and requirements set forth by the board\nin administrative regulations promulgated pursuant to KRS 278.702(2).\n(3) The parties to a proceeding before the board shall include:\n(a) The applicant; and\n(b) Any person having been granted the right of intervention pursuant to\nsubsection (4) of this section.\n(4) Any interested person, includin g a person residing in a county or municipal\ncorporation in which the facility is proposed to be constructed may, upon motion to\nthe board, be granted leave to intervene as a party to a proceeding held pursuant to\nthis section.\n(5) Any party to a proceedin g held pursuant to this section or any final determination\npursuant to KRS 278.710 may, within thirty (30) days after service of the board's\nfinal ruling, bring an action against the board in the Circuit Court of the county in\nwhich the facility is propose d to be constructed to vacate or set aside the ruling on\ngrounds that the ruling is arbitrary, capricious, or otherwise unlawful or\nunreasonable. Any party instituting an action for review of the board's ruling in the\nCircuit Court of the county in which t he facility is proposed to be constructed shall\ngive notice to all parties of record in the board's proceeding.","path":["KRS Chapter 278"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=14178","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:53:31Z","sha256":"e7856ebfaf0185b44e8a82de002e5f8dc8acf75ce52feb124b38da4ccf1c136e","source_id":"us-ky","stale":false,"prev":"us-ky/krs-278.710","next":"us-ky/krs-278.714"},"notice":"GroundRules: Original legal text. Not legal advice."}