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State Codes and Statutes

Statutes > Kentucky > 013B00 > 150

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</p> <p>Page 1 of 1<br /> 13B.150 Conduct of judicial review.<br /> (1) Review of a final order shall be conducted by the court without a jury and shall be<br /> confined to the record, unless there is fraud or misconduct involving a party <br />engaged in administration of this chapter. The court, upon request, may hear oral <br />argument and receive written briefs.<br /> (2) The court shall not substitute its judgment for that of the agency as to the weight of<br /> the evidence on questions of fact. The court may affirm the final order or it may <br />reverse the final order, in whole or in part, and remand the case for further <br />proceedings if it finds the agency&#8217;s final order is: <br />(a) In violation of constitutional or statutory provisions; <br />(b) In excess of the statutory authority of the agency; <br />(c) Without support of substantial evidence on the whole record; <br />(d) Arbitrary, capricious, or characterized by abuse of discretion; <br />(e) Based on an ex parte communication which substantially prejudiced the rights<br /> of any party and likely affected the outcome of the hearing;<br /> (f) Prejudiced by a failure of the person conducting a proceeding to be<br /> disqualified pursuant to KRS 13B.040(2); or<br /> (g) Deficient as otherwise provided by law.<br /> Effective: July 15, 1996 <br />History: Created 1994 Ky. Acts ch. 382, sec. 15, effective July 15, 1996. </p> <p>