{"data":{"id":"us-ky/krs-349.090","jurisdiction":"us-ky","citation":"KRS 349.090","heading":"Civil actions to review orders issued by Coalbed Methane Well Review","body":"Board -- Procedure -- Jurisdiction of Circuit Court.\n(1) Any person aggrieved by any order issued by the review board under this chapter\nshall have the right to bring a civil action for review of the order by filing a\ncomplaint in the Circuit Court of the county in which the premises or any portion\nthereof is located as established by the order, or in Franklin Circuit Court.\n(2) The civil action shall be brought within thirty (30) days after the order is issued, and\nin the event no civil action is filed within the thirty (30) day period, the order shall\nbe final.\n(3) In any civil action the burden of proof shall be upon the party challenging the order.\nThe order shall be deemed prima facie valid. Any party to the civil action may offer\nevidence for any part of the record of the hearing which resulted in the order, and\nany other relevant evidence.\n(4) In any civil action no new evidence may be introduced, except as to fraud or\nmisconduct of some person engaged in the hearing before the review board. New\nevidence may be introduced if, upon motion and for good cause shown, the court\ndetermines that the interest of justice will be better served by the introduction of\nnew evidence. The court, sitting without a jury, shall hear the cause upon the record\nbefore it. The court shall dispose of the civil action in a summary manner, being\nlimited to determining whether or not: the review board acted without or in excess\nof its powers; the order was procured by fraud; the order is not in conformity with\nthe provisions of this chapter; the order is clearly erroneous on the basis of reliable,\nprobative, and material evidence contained in the whole record; the order is\narbitrary, capricious, characterize d by abuse of discretion, or clearly unwarranted\nexercise of discretion. The court shall enter its findings in the order book as a\njudgment of the court, and the judgment shall have the effect and be enforceable the\nsame as any other judgment of the court in civil cases.\n(5) The practice, pleading, and proceedings in the civil action shall be in accordance\nwith the Rules of Civil Procedure.\n(6) During the pendency of the civil action, the court may stay the order until it shall\nenter its decree. The court s hall have jurisdiction to enter a decree affirming or\nsetting aside the order, or remand the cause with directions to modify the order to\nconform to the provisions of this chapter. Appeals may be taken by any party to the\nsuit in the same manner and to the same extent as in other civil actions.","path":["KRS Chapter 349"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32741","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:34Z","sha256":"3fdc8171d6e03fef5adc29d5a5ba9584dce365a4ebd076563b9f166ae4369829","source_id":"us-ky","stale":false,"prev":"us-ky/krs-349.085","next":"us-ky/krs-349.095"},"notice":"GroundRules: Original legal text. Not legal advice."}