the Circuit Court of venue, as provided in the agency's enabling statutes, within thirty (30) days after the final order of the agency is mailed or delivered by personal service. If venue for appeal is not stated in the enabling statutes, a party may appeal to Franklin Circuit Court or the Circuit Court of the county in which the appealing party resides or operates a place of business. Copies of the petition shall be served by the petitioner upon the agency and all parties of record. The petition shall include the names and addresses of all parties to the proceeding and the agency involved, in a statement of the grounds on which the review is requested. The petition shall be accompanied by a copy of the final order.
Pursuant to KRS 23A.010(4), “Such review [by the Circuit Court] shall not constitute an appeal but an original action.” Some courts have interpreted this language to mean that summons must be served when filing an appeal petition from an administrative action in the Circuit Court.
SO ORDERED this 15 day of June, 2018.
MICHAEL HEAD HEARING OFFICER
HEARING OFFICER
ADMINISTRATIVE HEARINGS BRANCH
OFFICE OF THE ATTORNEY GENERAL
1024 CAPITAL CENTER DR., STE. 200
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