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KRS 338.091

Appeals -- Procedure -- Administrative regulations

Applied in 4 court decisions — leading case Kentucky Labor Cabinet v. Graham (2001)

Most recently applied in Secretary of Labor v. United Parcel Service, Inc. (February 2017)

Effective: June 27, 2025 History: Amended 2025 Ky

How often courts cite this section

20012010201720
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) Any party adversely affected or aggrieved by a final order of the review commission may appeal within thirty (30) days to the Franklin Circuit Court on the record for a review of such order. No new evidence may be introduced in the Circuit Court. An appeal may be taken to the Court of Appeals from any decision of the Circuit Court under this section.

(2) On appeal, the Franklin Circuit Court may award actual expenses incurred, including court costs and attorney's fees, against the department.

(3) The department shall promulgate administrative regulations in accordance with KRS Chapter 13A to implement this section. The administrative regulations shall comply with the Equal Access to Justice Act, 28 U.S.C. sec. 2412.

(4) The commencement of a proceeding under this section shall operate as a stay of an order of the review commission.

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