KRS § 341.450 — KY Code / Title XXVII / Chapter 341 / Section 341.450
341.450 Judicial review
Status: in_force

341.450 Judicial review.

(1) Except as provided in KRS 341.460, within twenty (20) days after the date of the

decision of the commission, any party aggrieved thereby may, after exhausting his

remedies before the commission, secure judicial review thereof by filing a

complaint against the commission in the Circuit Court of the county in which the

claimant was last employed by a subject employer whose reserve account or

reimbursing employer account is affected by such claims. Any other party to the

proceeding before the commission shall be made a defendant in such action. The

complaint shall state fully the grounds upon which review is sought, assign all

errors relied on, and shall be verified by the plaintiff or his attorney. The plaintiff

shall furnish copies thereof for each defendant to the commission, which shall

deliver one (1) copy to each defendant.

(2) Summons shall issue upon the complaint directing the commission to file answer

within twenty (20) days after service thereof. Such summons shall be served upon a

member of the commission, or upon such person as the commission designates, and

such service shall be deemed complete service upon all members of the

commission. The commission may be represented by any qualified attorney

designated by the commission for that purpose or, at the request of the commission,

by the Attorney General. With its answer, the commission shall certify and file as an

exhibit with the court all documents and papers, and a transcript of all testimony

taken in the matter, and orders made therein, together with its findings of fact and

decision therein. If consented to by the plaintiff and the adverse party, an abstract of

any portion of the record may be certified by the commission in lieu of certifying

such portion of the record in full. The commission may certify to the court questions

of law involved in any decision by it.

(3) Such actions, and the questions so certified, shall be heard by the court in a

summary manner upon the record certified by the commission. The court on its own

motion or on the motion of an interested party shall assign a date certain for the

review. The clerk of the court shall notify the attorneys of record of the date

assigned for review at least ten (10) days in advance thereof. The court shall enter

judgment, affirming, modifying, or setting aside the order and the decision appealed

from or determining the question of law certified to it by the commission, and may

in advance of judgment, remand the case to the commission for further proceedings

in accordance with the direction of the court.

(4) An appeal may be taken from the decision of the Circuit Court to the Court of

Appeals, in the same manner, but not inconsistent with the provisions of this

chapter, as is provided in equity cases.

(5) It shall not be necessary, in any judicial proceeding under this section or KRS

341.460, to have entered exceptions to the rulings of the commission, and no bond

shall be required for entering such appeal. Upon the final determination of such

judicial proceeding, the commission shall enter an order in accordance with such

determination. A petition for judicial review shall not act as a supersedeas or stay

unless the commission shall so order.