How cited: Aubrey v. Office of the Attorney General · Go Syfert

Aubrey v. Office of the Attorney General (1999)

green · 66 citation events across 4 courts. Showing the 45 strongest citers on record (one row per citing case, strongest signal kept).
Treatment trajectory · 2002 → 2026 · click a year to view the case as of then
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Rule Authority · Ky. Ct. App. · 2 citations in this opinion
In McManus v. Kentucky Retirement Systems, we explained: “In its role as a finder of fact, an administrative agency is afforded great latitude in its evaluation of the evidence heard and the credibility of witnesses, including its findings and conclusions of fact.” Aubrey v. Office of Attorney General, Ky. App., 994 S.W.2d 516, 519 (1998) (citing Kentucky State Racing Commission v. Fuller, Ky., 481 S.W.2d 298, 309 (1972)). . . .
citing Kentucky State Racing Commission v. Fuller, Ky., 481 S.W.2d 298, 309 (1972)
Rule Authority · Ky. Ct. App. · 2 citations in this opinion
Aubrey v. Office of the Attorney General, Ky.App., 994 S.W.2d 516, 518 (1998).
Rule Authority · Ky. Ct. App.
“In its role as a finder of fact, an administrative agency is afforded great latitude in its evaluation of the evidence heard and the credibility of witnesses, including its findings and conclusions of fact.” Aubrey v. Office of Attorney General, 994 S.W.2d 516, 519 (Ky. App. 1998) (citing Kentucky State Racing Commission v. Fuller, 481 S.W.2d 298, 309 (Ky. 1972)).
citing Kentucky State Racing Commission v. Fuller, 481 S.W.2d 298, 309 (Ky. 1972)
Rule Authority · Ky. Ct. App.
Id. at 518-19 (citations omitted).
citations omitted
Rule Authority · Ky. Ct. App.
Thus, the policy facially has “the full force and effect of law.” Aubrey v. Office of Attorney General, 994 S.W.2d 516, 520 (Ky. App. 1998). -5- error entitles a party to appellate relief.
Rule Authority · Ky. Ct. App.
Aubrey v. Off. of the Att’y Gen., 994 S.W.2d 516, 519 (Ky. App. 1998).
Rule Authority · Ky. Ct. App.
“In its role as a finder of fact, an administrative agency is afforded great latitude in its evaluation of the evidence heard and the credibility of witnesses, including its findings and conclusions of fact.” Aubrey v. Office of Attorney General, Ky.App., 994 S.W.2d 516, 519 (1998) (citing Kentucky State Racing Commission v. Fuller, Ky., 481 S.W.2d 298, 309 (1972)). 124 S.W.3d at 458 .
Rule Authority · Ky. Ct. App.
Aubrey v. Office of Att’y Gen., 994 S.W.2d 516, 519 (Ky. App. 1998).
Rule Authority · Ky. Ct. App.
We further note that “[i]n its role as a finder of fact, an administrative agency is afforded great latitude in its evaluation of the evidence heard and the credibility of witnesses[.]” Aubrey v. Office of Attorney Gen., 994 S.W.2d 516, 519 (Ky. App. 1998); see also McManus v. Kentucky Ret.
Rule Authority · Ky. Ct. App.
We further note that “[i]n its role as a finder of fact, an administrative agency is afforded great latitude in its evaluation of the evidence heard and the credibility of witnesses[.]” Aubrey v. Office of Attorney Gen., 994 S.W.2d 516, 519 (Ky. App. 1998); see also McManus v. Kentucky Ret.
Rule Authority · Ky. Ct. App.
On issues of law, courts are “authorized to review . . . on a de novo basis.” Aubrey v. Office of Attorney General, 994 S.W.2d 516, 519 (Ky. App. 1998).
Rule Authority · Ky. Ct. App.
Aubrey v. Off. of Att’y Gen., 994 S.W.2d 516, 519 (Ky. App. 1998) (citation omitted).
citation omitted
Rule Authority · Ky. Ct. App.
“In its role as a finder of fact, an administrative agency is afforded great latitude in its evaluation of the evidence heard and the credibility of witnesses, including its findings and conclusions of fact.” Aubrey v. Office of Attorney General, Ky.App., 994 S.W.2d 516, 519 (1998) (citing Kentucky State Racing Commission v. Fuller, Ky., 481 S.W.2d 298, 309 (1972)). . . .
citing Kentucky State Racing Commission v. Fuller, Ky., 481 S.W.2d 298, 309 (1972)
Rule Authority · Ky. Ct. App.
“Judicial review of an agency decision is limited to the determination of whether the decision was arbitrary, i.e., whether the action was taken in excess of granted powers, whether affected parties were afforded procedural due process, and whether decisions were supported by substantial evidence.” Sebastian-Voor, 265 S.W.3d at 195 (citation omitted). -5- Pursuant to KRS 13B.150(2), a court sitting in review “shall not substitute its judgment for that of the agency as to the…
Rule Authority · Ky. Ct. App.
“In its role as a finder of fact, an administrative agency is afforded great latitude in its evaluation of the evidence heard and the -7- credibility of witnesses, including its findings and conclusions of fact.” Aubrey v. Office of Attorney General, 994 S.W.2d 516, 519 (Ky. App. 1998) (citation omitted).
citation omitted
Rule Authority · Ky. Ct. App.
Aubrey v. Off. of the Att’y Gen., 994 S.W.2d 516, 519 (Ky. App. 1998).
Rule Authority · Ky.
Aubrey v. Off. of the Att’y Gen., 994 S.W.2d 516, 519 (Ky. App. 1998).
Rule Authority · Ky. Ct. App.
Abul-Ela v. Kentucky Bd. of Medical Licensure, 217 S.W.3d 246, 250 (Ky. App. 2006); Aubrey v. Office of Attorney General, 994 S.W.2d 516, 519 (Ky. App. 1998).
Rule Authority · Ky. Ct. App.
Aubrey v. Office of Attorney General, 994 S.W.2d 516, 519 (Ky.App. 1998).
Rule Authority · Ky. Ct. App.
Aubrey v. Off. of the Att’y Gen., 994 S.W.2d 516, 519 (Ky. App. 1998).
Rule Authority · Ky. Ct. App.
We further note that “[i]n its role as a finder of fact, an administrative agency is afforded great latitude in its evaluation of the evidence heard and the credibility of witnesses[.]” Aubrey v. Office of Attorney Gen., 994 S.W.2d 516, 519 (Ky. App. 1998); see also McManus v. -12- Kentucky Ret.
Rule Authority · Ky. Ct. App.
Aubrey v. Office of Attorney General, 994 S.W.2d 516, 519 (Ky. App. 1998).
Rule Authority · Ky. Ct. App.
Aubrey v. Office of Attorney General, 994 S.W.2d 516, 519 (Ky. App. 1998).
Rule Authority · Ky. Ct. App.
Standard of Review Generally, “[w]here the legislature has designated an administrative agency to carry out a legislative policy by the exercise of discretionary judgment in a specialized field, the courts do not have the authority to review the agency decisions de novo.” Aubrey v. Office of Attorney General, 994 S.W.2d 516, 518 (Ky. App. 1998) (citation omitted).
citation omitted
Rule Authority · Ky. Ct. App.
Aubrey v. Office of Attorney General, 994 S.W.2d 516, 519 (Ky. App. 1998).
Rule Authority · Ky.
“In its role as a finder of fact, an administrative agency is afforded great latitude in its evaluation of the evidence heard and the credibility of witnesses, including its findings and conclusions of fact.” Aubrey v. Office of Attorney General, Ky. App., 994 S.W.2d 516, 519 (1998) (citing Kentucky State Racing Commission v. Fuller, Ky., 481 S.W.2d 298, 309 (1972)). 124 S.W.3d at 458 . 9 Bradley insists that given the plain language of the disability retirement statute, KRS…
citing Kentucky State Racing Commission v. Fuller, Ky., 481 S.W.2d 298, 309 (1972)
Rule Authority · Ky.
“In its role as a finder of fact, an administrative agency is afforded great latitude in its evaluation of the evidence heard and the credibility of witnesses, including its findings and conclusions of fact.” Aubrey v. Office of Attorney General, Ky. App., 994 S.W.2d 516, 519 (1998) (citing Kentucky State Racing Commission v. Fuller, Ky., 481 S.W.2d 298, 309 (1972)). 124 S.W.3d at 458 .
Rule Authority · Ky. Ct. App.
However, this Court is authorized to review issues of law on a de novo basis.” Aubrey v. Office of Attorney Gen., 994 S.W.2d 516, 519 (Ky. App. 1998) (internal citation omitted).
internal citation omitted
Rule Authority · Ky. Ct. App.
Aubrey v. Off. of Att’y Gen., 994 S.W.2d 516, 519 (Ky. App. 1998).
Rule Authority · Ky. Ct. App.
Aubrey v. Office of Attorney General, 994 S.W.2d 516, 519 (Ky.Ct.App.1998).
Rule Authority · Ky. Ct. App.
We further note that “[i]n its role as a finder of fact, an administrative agency is afforded great latitude in its evaluation of the evidence heard and the credibility of witnesses[.]” Aubrey v. Office of Attorney Gen., 994 S.W.2d 516, 519 (Ky.App.1998); see also McManus v. Kentucky Ret.
Rule Authority · Ky. Ct. App.
Aubrey v. Office of Attorney General, 994 S.W.2d 516, 519 (Ky.App.1998). .This Court will give some deference to an agency interpretation of the regulations and the law underlying them that it is .charged with implementing, so long as the “agency interpretation is in the form of an adopted regulation or formal adjudication.” See Louisville/Jefferson County Metro Government v. TDC Group, LLC, 283 S.W.3d 657, 661 (Ky.2009),. quoting Board of Trustees of Judicial Form Retiremen…
Rule Authority · Ky. Ct. App.
See also A & A Mechanical, Inc. v. Thermal Equipment Sales, Inc., 998 S.W.2d 505, 509 (Ky.App.1999); Aubrey v. Office of the Attorney General, 994 S.W.2d 516, 518-19 (Ky.App.1998); and Cinelli v. Ward, 997 S.W.2d 474, 476 (Ky.App.1998).
green CWCS v. Com. (2009)
Rule Authority · Ky. Ct. App.
See also A & A Mechanical, Inc. v. Thermal Equipment Sales, Inc., 998 S.W.2d 505, 509 (Ky.App. 1999); Aubrey v. Office of the Attorney General, 994 S.W.2d 516, 518-19 (Ky.App. 1998); and Cinelli v. Ward, 997 S.W.2d 474, 476 (Ky.App.1998).
Rule Authority · Ky. Ct. App.
Carroll v. Meredith, 59 S.W.3d 484, 489 (Ky.App.2001); see also A & A Mechanical, Inc. v. Thermal Equipment Sales, Inc., 998 S.W.2d 505, 509 (Ky.App.1999); Aubrey v. Office of Attorney General, 994 S.W.2d 516, 518-19 (Ky.App.1998); and Cinelli v. Ward, 997 S.W.2d 474, 476 (Ky.App.1998).
Rule Authority · Ky. Ct. App.
Carroll v. Meredith, 59 S.W.3d 484, 489 (Ky.App.2001); see also A & A Mechanical, Inc. v. Thermal Equipment Sales, Inc., 998 S.W.2d 505, 509 (Ky. App.1999); Aubrey v. Office of Attorney General, 994 S.W.2d 516, 518-19 (Ky.App. 1998); and Cinelli v. Ward, 997 S.W.2d 474, 476 (Ky.App.1998).
Rule Authority · Ky. Ct. App.
“In its role as a finder of fact, an administrative agency is afforded great latitude in its evaluation of the evidence heard and the credibility of witnesses, including its findings and conclusions of fact.” Aubrey v. Office of Attorney General, 994 S.W.2d 516, 519 (Ky.App.l998)(citing Kentucky State Racing Commission v. Fuller, 481 S.W.2d 298, 309 (Ky.1972)).
Rule Authority · Ky. Ct. App.
Aubrey v. Office of Attorney General, 994 S.W.2d 516, 519 (Ky.App.1998).
Rule Authority · Ky. Ct. App.
“It is a fundamental rule that ‘all statutes should be interpreted to give them meaning, with each section construed to be in accord with the statute as a whole.’ ” Aubrey v. Office of Attorney General, 994 S.W.2d 516, 518-519 (Ky.App.1998) (citing Transportation Cabinet v. *667 Tarter, 802 S.W.2d 944 (Ky.App.1990)).
Rule Authority · Ky. Ct. App.
Aubrey v. Office of Attorney General, 994 S.W.2d 516, 519 (Ky.App.1998).
green Marksberry v. Chandler (2004)
Rule Authority · Ky. Ct. App.
SmithKline Beecham Corp. v. Revenue Cabinet, Ky.App., 40 S.W.3d 883 (2001); Aubrey v. Office of Attorney General, Ky.App., 994 S.W.2d 516, 520 (1998) (quoting Revenue Cabinet v. Gaba, Ky.App., 885 S.W.2d 706, 707 (1994)). 26 .
quoting Revenue Cabinet v. Gaba, Ky.App., 885 S.W.2d 706, 707 (1994)
Rule Authority · Ky. Ct. App.
“In its role as a finder of fact, an administrative agency is afforded great latitude in its evaluation of the evidence heard and the credibility of witnesses, including its findings and conclusions of fact.” Aubrey v. Office of Attorney General, Ky.App., 994 S.W.2d 516, 519 (1998)(citing Kentucky State Racing Commission v. Fuller, Ky., 481 S.W.2d 298, 309 (1972)).
citing Kentucky State Racing Commission v. Fuller, Ky., 481 S.W.2d 298, 309 (1972)
Cited · Ky. Ct. App. · signal: see
See Aubrey v. Office of Attorney General, 994 S.W.2d 516, 519 (Ky.App. 1998).
Cited · Ky. · signal: see
See Aubrey v. Office of Attorney General, 994 S.W.2d 516, 519 (Ky.App.1998).
Cited · W.D. Ky. · signal: see
See Aubrey v. Office of the Attorney-General, 994 S.W.2d 516 (Ky.App.1998).