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KRS 243.560

Appeal to Circuit Court from order of board -- How taken -- Necessary parties -- Final order, when effective -- Power of court to dissolve stay

Applied in 22 court decisions — leading case Kentucky State Racing Commission v. Fuller (1972)

Most recently applied in Pizza Pub of Burnside, Kentucky, Inc. v. Commonwealth, Department of Alcoholic Beverage Control (November 2013)

History: Amended 2017 Ky

How often courts cite this section

1944196019802000201330
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) All final orders of the board may be appealed to the Circuit Court of the county where the appellant resides or the county containing the appellant's licensed premises, if any, notwithstanding KRS Chapter 13B.

(2) A party to the administrative action may institute an appeal by filing a petition in the office of the clerk of the Circuit Court of the county where the appellant resides or the county containing the appellant's licensed premises, if any, within thirty (30) days after the final order of the board is mailed or delivered by personal service.

(3) The board, department, licensee or applicant, and any other parties to the administrative action shall be necessary parties to all appeals.

(4) No final order of the board issuing a license shall become effective, and no license under that final order shall be issued, until the expiration of the appeal period contained in KRS Chapter 13B. If an appeal from a final order has been filed as provided under KRS 13B.140, the final order shall not become effective until the appeal has been finally determined by the courts. During the pendency of any appeal, a court may dissolve the stay under this section for good cause shown. Effective:June 29, 2017

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.