Action to vacate order or act of cabinet.
(1) The cabinet shall administer and enforce the provisions of this chapter and may make rules and regulations necessary for its administration.
(2) The cabinet may employ additional persons, in accordance with the provisions of KRS Chapter 18A, and incur travel, rental and other current and capital expenses necessary to accomplish the purposes of this chapter.
(3) Any person aggrieved by an order or act of the cabinet under this chapter may, within twenty (20) days after notice thereof, bring an action against the cabinet in the Circuit Court of the county in which the accident or violation of law upon which the action of the cabinet was based occurred to vacate or set aside the order or action of the cabinet on the ground that it is unlawful or unreasonable. The answer of the cabinet shall be served and filed within twenty (20) days after service of the complaint. The action shall then be at issue and stand ready for trial upon ten (10) days' notice to either party. The answer need not deny verbatim the allegations of the complaint, but a general denial thereof on behalf of the cabinet is sufficient. The filing of the action does not suspend the order or act of the cabinet unless a stay thereof is granted by the court pending final determination of the review. Injunctive relief may also be granted by the court in the manner and upon the terms provided by law. History: Amended 1966 Ky. Acts ch. 255, sec. 174. -- Created 1946 Ky. Acts ch. 118, sec. 2, effective January 1, 1947.
Notes of Decisions
Commonwealth, Dep't of Pub. Saf. v. Robinson, 435 S.W.2d 447 (Ky. Ct. App. 1968).
· cites it 6× “410(1) is mandatory and cannot be challenged by an action under KRS 187.300(3). The lower court held that appellee had fully complied with the financial responsibility provisions of the law, therefore suspension under KRS 187.”
Ballow v. Reeves, 238 S.W.2d 141 (Ky. Ct. App. 1951).
“r certified as required to deposit security under this section, * * * unless such operator or owner or both shall deposit security in the sum determined by the department as sufficient to satisfy any judgment or judgments for damages resulting from such accident as may be…”
Commonwealth, Dep't of Pub. Saf. v. Lewis, 441 S.W.2d 142 (Ky. Ct. App. 1969).
· cites it 4× “) Due to the fact that appellee named the defendant Commonwealth of Kentucky rather than the Department of Public Safety (KRS 187.300 authorizes an action against “the department”) and due to the delay in getting a copy of the “STATEMENT OF APPEAL”, the Commonwealth had not…”
Commonwealth ex rel. Allphin v. Stumbo, 258 S.W.2d 910 (Ky. Ct. App. 1953).
“KRS 187.300(3). Wherefore, the motion to make permanent the temporary writ of prohibition heretofore issued by this Court is sustained and the temporary writ is hereby made permanent prohibiting the respondent, Henry Stumbo, Judge of the- Quarterly Court of Floyd County from…”
— Ky. Rev. Stat. § 187.300(3) — 3 cases
Commonwealth, Dep't of Pub. Saf. v. Robinson, 435 S.W.2d 447 (Ky. Ct. App. 1968).
“410(1) is mandatory and cannot be challenged by an action under KRS 187.300(3). The lower court held that appellee had fully complied with the financial responsibility provisions of the law, therefore suspension under KRS 187.”
Commonwealth, Dep't of Pub. Saf. v. Lewis, 441 S.W.2d 142 (Ky. Ct. App. 1969).
“) Due to the fact that appellee named the defendant Commonwealth of Kentucky rather than the Department of Public Safety (KRS 187.300 authorizes an action against “the department”) and due to the delay in getting a copy of the “STATEMENT OF APPEAL”, the Commonwealth had not…”
Commonwealth ex rel. Allphin v. Stumbo, 258 S.W.2d 910 (Ky. Ct. App. 1953).
“KRS 187.300(3). Wherefore, the motion to make permanent the temporary writ of prohibition heretofore issued by this Court is sustained and the temporary writ is hereby made permanent prohibiting the respondent, Henry Stumbo, Judge of the- Quarterly Court of Floyd County from…”
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