In all trials, actions or proceedings arising under the preceding provisions of this chapter or growing out of the commission's exercise of the authority or powers granted to it, the party seeking to set aside any determination, requirement, direction or order of the commission shall have the burden of proof to show by clear and satisfactory evidence that the determination, requirement, direction or order is unreasonable or unlawful.
KRS 278.430
Burden of proof
Applied in 20 court decisions — leading case Energy Regulatory Commission v. Kentucky Power Co. (1980)
Most recently applied in Kentucky Industrial Utility Customers, Inc. v. Kentucky Public Service Commission (July 2016)
Effective: July 15, 1982 History: Amended 1982 Ky
How often courts cite this section
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.
Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.