{"data":{"id":"us-ky/krs-95.883","jurisdiction":"us-ky","citation":"KRS 95.883","heading":"Appeal to Circuit Court.","body":"(1) The order or determination of the board upon the rehearing shall be conclusive and\nbinding, but any interested party may, within twenty (20) days after the rendition of\nthe order of the board, by petition appeal to the Circuit Court of the county in which\nthe city is located for a review of the order of the board.\n(2) The petition shall state fully the grounds upon which a review is sought, assign all\nerrors relied on and be verified by the petitioner who shall furnish a copy to the\nboard at the time of the  filing of the same. Summons shall be issued directing the\nboard to answer within twenty (20) days and directing the board to send the original\nrecord to the circuit clerk certifying that such record is the entire original record of\nthe rehearing which sha ll be filed by the clerk of the Circuit Court and such record\nshall then become and be considered by the Circuit Court on the review. The appeal\nprovided for herein shall not be considered effective unless the person making the\nappeal has paid to the board  one-half (1/2) of the cost of the transcript of the record\nof the rehearing within the period provided for making the appeal.\n(3) No new nor additional evidence may be introduced in the Circuit Court except as to\nfraud or misconduct of some person engaged  in the administration of KRS 95.851\nto 95.884 and KRS 95.991, and affecting the order, decision, or determination\nappealed from, but the court shall otherwise hear the cause upon the record as\ncertified by the board and shall dispose of the cause in summa ry manner, its review\nbeing limited to determining whether or not:\n(a) The board acted without or in excess of its powers;\n(b) The order, decision, or determination was procured by fraud;\n(c) The order, decision, or determination of the board is not in con formity with\nthe provisions of KRS 95.851 to 95.884 and KRS 95.991;\n(d) If findings of fact are in issue the party seeking to set aside any order,\ndecision, or determination of the board shall have the burden of proof to show\nby clear and satisfactory evidence that the order, decision, or determination is\nunreasonable or unlawful. If upon appeal as herein provided the order,\ndecision, or determination of the board is reversed the party perfecting the\nappeal shall be refunded by the board his portion of the costs paid for the\ntranscript of the record made on the rehearing.\n(4) The board and each interested party may appear before the Circuit Court. The court\nshall enter judgment affirming, modifying, or setting aside the order, decision, or\ndetermination appealed from, or in its discretion remand the cause to the board for\nfurther proceedings in conformity with the direction of the court. The court may,\nbefore judgment and upon a sufficient showing of fact, remand the cause to the\nboard.","path":["KRS Chapter 95"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=43734","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:56Z","sha256":"6e2a030dd281128b33285ffd65fe7cf710827a6ca0b099b8902f722723328ed8","source_id":"us-ky","stale":false,"prev":"us-ky/krs-95.882","next":"us-ky/krs-95.884"},"notice":"GroundRules: Original legal text. Not legal advice."}