{"data":{"id":"us-ky/krs-286.12-135","jurisdiction":"us-ky","citation":"KRS 286.12-135","heading":"Judicial review of order -- Additional evidence -- Appeal.","body":"(1) Any person aggrieved by a final order of the commissioner under this subtitle may\nobtain a review of the order in Franklin Circuit Court by filing with that court,\nwithin thirty (30) days after entry of the order, a written petition requesting that the\norder be modified or set aside in whole or in part.\n(2) A copy of the petition under subsection (1) of this section shall be served upon the\ncommissioner, and thereupon the commissioner shall certify and file with the court\na copy of the filing, testimony, an d other evidence upon which the order was\nentered.\n(3) Upon the filings under subsections (1) and (2) of this section, the Franklin Circuit\nCourt shall have exclusive jurisdiction to affirm, modify, enforce, or set aside the\norder at issue.\n(4) No objection to the order may be considered by the court unless it was urged before\nthe commissioner or there were reasonable grounds for the failure to do so.\n(5) (a) If either party applies to the court for leave to adduce additional evidence and\nshows to the satis faction of the court that the additional evidence is material\nand that there were reasonable grounds for the failure to adduce the evidence\nin the hearing before the commissioner, the court may order the additional\nevidence be taken before the commissioner  and be adduced upon the hearing\nin a manner and upon conditions as the court may consider proper.\n(b) The commissioner:\n1. May modify his or her findings as to the facts by reason of the additional\nevidence so taken; and\n2. Shall file:\na. Any modified or new findings, which, if supported by substantial\nevidence, shall be conclusive; and\nb. Any recommendation for the modification or setting aside of the\noriginal order.\n(6) The commencement of proceedings under this section does n ot, unless specifically\nordered by the court, operate as a stay of the commissioner's order.\n(7) An appeal may be taken from the judgment of the Franklin Circuit Court to the\nCourt of Appeals on the same terms and conditions as an appeal is taken in civil\nactions.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52739","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:57:16Z","sha256":"4f2fd0add32b123c6b51d4536c30ea7a4f3357526767fcd6586261347cad9b0b","source_id":"us-ky","stale":false,"prev":"us-ky/krs-286.12-130","next":"us-ky/krs-286.12-140"},"notice":"GroundRules: Original legal text. Not legal advice."}
