Rapier v. Philpot’s Empirical Analysis

Citation profile

7 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Under Chapter 13B, the filing of exceptions provides the means for preserving and identifying issues for review by the agency head. In turn, filing exceptions is necessary to preserve issues for further judicial review. Cf. Eiland v. Ferrell, Ky., 937 S.W.2d 713, 716 (1997) (failure to file objections to a domestic relations commissioner’s report adopted by the trial court precluded challenging, on appeal, whether the trial court’s order was supported by sufficient evidence). Under Kentucky law, this rule of preservation precludes judicial review of any part of the recommended order not excepted to and adopted in the final order. Cf. United States v. Central Bank & Trust Co., Ky., 511 S.W.2d 212, 214 (1974). (The failure to file written objections to a commissioner’s report precluded aggrieved party from “questioning on appeal the action of the circuit court in confirming the commissioner’s [report].”) Thus, when a party fails to file exceptions, the issues the party can raise on judicial review under KRS 13B.140 are limited to those findings and conclusions contained in the agency head’s final order that differ from those contained in the hearing officer’s recommended order.”

   1 later decision quote this exact passage
   e.g. Givens v. Commonwealth

2. “(2) The agency head may accept the recommended order of the hearing officer and adopt it as the agency's final order, or it may reject or modify, in whole or in part, the recommended order, or it may remand the matter, in whole or in part, to the hearing officer for further proceedings as appropriate. (3) The final order in an administrative hearing shall be in writing and stated in the record. If the final order differs from the recommended order, it shall include separate statements of findings of fact and conclusions of law. The final order shall also include the effective date of the order and a statement advising parties fully of available appeal rights.”

   1 later decision quote this exact passage
   e.g. Ky. Bd. of Med. Licensure v. Strauss

3. “Any Exceptions and/or requests for Oral Arguments hereto shall be filed within fifteen (15) days hereof and any Response to Exceptions shall be filed with[in] five (5) days of the date the Exceptions are filed with the Board.”

   1 later decision quote this exact passage
   e.g. Givens v. Commonwealth