154A.090 Appeals -- Circuit Court alternatives. (1) Any retailer, vendor, or applicant for a retailer or vendor contract aggrieved by an action of the president of the corporation may appeal that decision to the board. (2) All appeals before the board shall be decided within thirty (30) days of the hearing. (3) Any person aggrieved by a decision of the board may appeal the decision to the Circuit Court of the county in which the corporation maintains its headquarters, except that if the person aggrieved is a lottery retailer or an applicant to become a lottery retailer, then the Circuit Court of the county in which said retailer does or applicant would operate shall have concurrent venue as to such appeal. (4) The Circuit Court may reverse the decision of the board only in the event the decision is found to b e: (a) Clearly erroneous; or (b) Arbitrary and capricious; or (c) Procured by fraud; or (d) A result of misconduct by the board, or a member thereof. Effective: December 15, 1988 History: Created 1988 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 11, effective D ecember 15, 1988.
Kentucky Legal Code