{"data":{"id":"us-ky/krs-61.848","jurisdiction":"us-ky","citation":"KRS 61.848","heading":"Enforcement by judicial action -- De novo determination in appeal of","body":"Attorney General's decision  -- Voidability of action not substantially\ncomplying -- Awards in willful violation actions.\n(1) The Circuit Court of the county where the public agency h as its principal place of\nbusiness or where the alleged violation occurred shall have jurisdiction to enforce\nthe provisions of KRS 61.805 to 61.850, as they pertain to that public agency, by\ninjunction or other appropriate order on application of any person.\n(2) A person alleging a violation of the provisions of KRS 61.805 to 61.850 shall not\nhave to exhaust his remedies under KRS 61.846 before filing suit in a Circuit Court.\nHowever, he shall file suit within sixty (60) days from his receipt of the writte n\ndenial referred to in subsections (1) and (2) of KRS 61.846 or, if the public agency\nrefuses to provide a written denial, within sixty (60) days from the date the written\ncomplaint was submitted to the presiding officer of the public agency.\n(3) In an ap peal of an Attorney General's decision, where the appeal is properly filed\npursuant to subsection (4)(a) of KRS 61.846, the court shall determine the matter de\nnovo.\n(4) Except as otherwise provided by law or rule of court, proceedings arising under this\nsection take precedence on the docket over all other causes and shall be assigned for\nhearing and trial at the earliest practicable date.\n(5) Any rule, resolution, regulation, ordinance, or other formal action of a public\nagency without substantial complian ce with the requirements of KRS 61.810,\n61.815, 61.820, and KRS 61.823 shall be voidable by a court of competent\njurisdiction.\n(6) Any person who prevails against any agency in any action in the courts regarding a\nviolation of KRS 61.805 to 61.850, where t he violation is found to be willful, may\nbe awarded costs, including reasonable attorneys' fees, incurred in connection with\nthe legal action. In addition, it shall be within the discretion of the court to award\nthe person an amount not to exceed one hundr ed dollars ($100) for each instance in\nwhich the court finds a violation. Attorneys' fees, costs, and awards under this\nsubsection shall be paid by the agency responsible for the violation.","path":["KRS Chapter 61"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=23055","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:16Z","sha256":"818d45eb4bb248de3821c34e0684f0bf202aebdd197d6ba585bddf53454e92e8","source_id":"us-ky","stale":false,"prev":"us-ky/krs-61.846","next":"us-ky/krs-61.850"},"notice":"GroundRules: Original legal text. Not legal advice."}