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KENTUCKY STATUTES AND CODES

13B.150 Conduct of judicial review.

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Download pdfLoading PDF... var pdf_url = 'http://law.justia.com/codes/kentucky/2009/013B00/pdf/150.pdf'; $(document).ready(function() { var embedwindow = $("#embed_document"); if ($.browser.msie){ embedwindow.html(''); } else { embedwindow.html(''); } }); Page 1 of 1 13B.150 Conduct of judicial review. (1)Review of a final order shall be conducted by the court without a jury and shall be confinedtotherecord,unlessthereisfraudormisconductinvolvingaparty engagedinadministrationofthischapter.Thecourt,uponrequest,mayhearoral argument and receive written briefs. (2)The court shall not substitute its judgment for that of the agency as to the weight of theevidenceonquestionsoffact.Thecourtmayaffirmthefinalorderoritmay reversethefinalorder,inwholeorinpart,andremandthecaseforfurther proceedings if it finds the agency's final order is: (a)In violation of constitutional or statutory provisions; (b)In excess of the statutory authority of the agency; (c)Without support of substantial evidence on the whole record; (d)Arbitrary, capricious, or characterized by abuse of discretion; (e)Based on an ex parte communication which substantially prejudiced the rights of any party and likely affected the outcome of the hearing; (f)Prejudicedbyafailureofthepersonconductingaproceedingtobe disqualified pursuant to KRS 13B.040(2); or (g)Deficient as otherwise provided by law. Effective:July 15, 1996 History:Created 1994 Ky. Acts ch. 382, sec. 15, effective July 15, 1996.
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    Page 1 of 1 13B.150 Conduct of judicial review. (1) Review of a final order shall be conducted by the court without a jury and shall be confined to the record, unless there is fraud or misconduct involving a party
    engaged in administration of this chapter. The court, upon request, may hear oral
    argument and receive written briefs. (2) The court shall not substitute its judgment for that of the agency as to the weight of the evidence on questions of fact. The court may affirm the final order or it may
    reverse the final order, in whole or in part, and remand the case for further
    proceedings if it finds the agency's final order is:
    (a) In violation of constitutional or statutory provisions;
    (b) In excess of the statutory authority of the agency;
    (c) Without support of substantial evidence on the whole record;
    (d) Arbitrary, capricious, or characterized by abuse of discretion;
    (e) Based on an ex parte communication which substantially prejudiced the rights of any party and likely affected the outcome of the hearing; (f) Prejudiced by a failure of the person conducting a proceeding to be disqualified pursuant to KRS 13B.040(2); or (g) Deficient as otherwise provided by law. Effective: July 15, 1996
    History: Created 1994 Ky. Acts ch. 382, sec. 15, effective July 15, 1996.

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