Vote Smart's Synopsis:

Vote to override a veto of a bill that amends state government lawsuit jurisdiction.

Highlights:

• Authorizes the Legislative Research Commission to file an action through the following means (Sec. 2-4):

• In the Franklin Circuit Court for judicial review to determine if any administrative regulation is lawfully promulgated in accordance with the laws of the Commonwealth of Kentucky; or

• if any administrative regulation is lawfully promulgated in accordance with the Constitution of the Commonwealth of Kentucky.

• Specifies that a petition for judicial review shall not automatically stay a final order pending the outcome of the review, unless (Sec. 3-4):

• An automatic stay is provided by statute upon appeal or at any point in the administrative proceedings;

• A stay is permitted by the agency and granted upon request; and

• A stay is ordered by the Circuit Court of jurisdiction upon petition.

• Prohibits the court from substituting its judgment for that of the agency as to the weight of the evidence on questions of fact, and specifies that the court may affirm the final order or it may reverse the final order, in whole or in part, and remand the case for further proceedings if it finds the agency's final order is (Sec. 4-2):

• In violation of constitutional or statutory provisions;

• In excess of the statutory authority of the agency;

• Without support of substantial evidence on the whole record;

• Arbitrary, capricious, or characterized by abuse of discretion;

• Based on an ex parte communication which substantially prejudiced the rights of any party and likely affected the outcome of the hearing;

• Prejudiced by a failure of the person conducting a proceeding to be disqualified pursuant to KRS 13B.040(2); or

• Deficient as otherwise provided by law.

Full Bill Text

Vetoed by Governor Andy Beshear

Vote Smart's Synopsis:

Vote to pass a bill that amends state government lawsuit jurisdiction.

Highlights:

• Authorizes the Legislative Research Commission to file an action through the following means (Sec. 2-4):

• In the Franklin Circuit Court for judicial review to determine if any administrative regulation is lawfully promulgated in accordance with the laws of the Commonwealth of Kentucky; or

• if any administrative regulation is lawfully promulgated in accordance with the Constitution of the Commonwealth of Kentucky.

• Specifies that a petition for judicial review shall not automatically stay a final order pending the outcome of the review, unless (Sec. 3-4):

• An automatic stay is provided by statute upon appeal or at any point in the administrative proceedings;

• A stay is permitted by the agency and granted upon request; and

• A stay is ordered by the Circuit Court of jurisdiction upon petition.

• Prohibits the court from substituting its judgment for that of the agency as to the weight of the evidence on questions of fact, and specifies that the court may affirm the final order or it may reverse the final order, in whole or in part, and remand the case for further proceedings if it finds the agency's final order is (Sec. 4-2):

• In violation of constitutional or statutory provisions;

• In excess of the statutory authority of the agency;

• Without support of substantial evidence on the whole record;

• Arbitrary, capricious, or characterized by abuse of discretion;

• Based on an ex parte communication which substantially prejudiced the rights of any party and likely affected the outcome of the hearing;

• Prejudiced by a failure of the person conducting a proceeding to be disqualified pursuant to KRS 13B.040(2); or

• Deficient as otherwise provided by law.

Full Bill Text