Ky. Rev. Stat. » Chapter 278
Kentucky Revised Statutes

Ky. Rev. Stat. § 278.420 (2026)

Designation and filing of record -- Cost

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(1) In any action filed against the commission because of its order in a proceeding before it, the commission shall file a certified copy of the designated record and evidence with the court in which the action is pending.

(2) Unless an agreed statement of the record is filed with the court, the filing party shall designate, within ten (10) days after an action is filed, the portions of the record necessary to determine the issues raised in the action. Within ten (10) days after the service of the designation or within ten (10) days after the court enters an order permitting any other party to intervene in the action, whichever occurs last, any other party to the action may designate additional portions for filing. The court may enlarge the ten (10) day period where cause is shown. Additionally, the court may require or permit subsequent corrections or additions to the record.

(3) The cost of preparing and certifying the record shall be taxed and paid to the commission as directed by the court upon final determination of the action. As a part of this determination, the court may tax a party for the cost of preparing portions of the record not deemed reasonably necessary to the disposition of the action. Copies of the designated record shall be furnished at cost to any party to the action. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 149, sec. 1, effective July 13, 1990; and ch. 354, sec. 2, effective July 13, 1990. -- Amended 1982 Ky. Acts ch. 82, sec. 45, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 379, sec. 49, effective April 1, 1979. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3952-48. Legislative Research Commission Note (7/13/90). This section was amended by identical amendments in two 1990 Acts, which have been compiled together.

Notes of Decisions
Cited in 4 cases, 1996–2010 · leading case: Louisville Gas & Elec. Co. v. Hardin & Meade Cnty. Prop. Owners for Co-Location, 319 S.W.3d 397 (Ky. 2010).
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Louisville Gas & Elec. Co. v. Hardin & Meade Cnty. Prop. Owners for Co-Location, 319 S.W.3d 397 (Ky. 2010). · cites it 13× “The utilities thereafter filed a joint motion on August 14, 2006 to dismiss the action pursuant to CR 12 because it did not comply with the requirements of KRS 278.420 by failing to designate those portions of the record necessary to resolve the issues raised in the action…”
Kentucky Pub. Serv. Comm'n v. Shadoan, 325 S.W.3d 360 (Ky. 2010). · cites it 20× “The Shadoans did not thereafter file a separate and specific designation of the record as required by KRS 278.420. However, the Shadoans did attach a copy of the August 8, 2006 PSC order denying their motion for rehearing.”
Forest Hills Developers, Inc. v. Pub. Serv. Comm'n, 936 S.W.2d 94 (Ky. Ct. App. 1996). · cites it 9× “It further argued that Forest Hills had failed to comply with KRS 278.420 in that Forest Hills did not designate those portions of the record necessary to resolve the issues raised in the action.”
Elliot Elec./Kentucky, Inc. v. Kentucky Occupational Saf. & Health Review Comm'n, 323 S.W.3d 373 (Ky. Ct. App. 2010). “2010)(where court held that circuit court lacked jurisdiction to enlarge the time for filing the designation of the record beyond the ten-day period prescribed for the timely filing of the action despite the fact that KRS 278.420(2) permitting the enlargement of time does not…”
Ky. Rev. Stat. § 278.420(2): 4 cases
Louisville Gas & Elec. Co. v. Hardin & Meade Cnty. Prop. Owners for Co-Location, 319 S.W.3d 397 (Ky. 2010). “The utilities thereafter filed a joint motion on August 14, 2006 to dismiss the action pursuant to CR 12 because it did not comply with the requirements of KRS 278.420 by failing to designate those portions of the record necessary to resolve the issues raised in the action…”
Kentucky Pub. Serv. Comm'n v. Shadoan, 325 S.W.3d 360 (Ky. 2010). “The Shadoans did not thereafter file a separate and specific designation of the record as required by KRS 278.420. However, the Shadoans did attach a copy of the August 8, 2006 PSC order denying their motion for rehearing.”
Forest Hills Developers, Inc. v. Pub. Serv. Comm'n, 936 S.W.2d 94 (Ky. Ct. App. 1996). “It further argued that Forest Hills had failed to comply with KRS 278.420 in that Forest Hills did not designate those portions of the record necessary to resolve the issues raised in the action.”
Elliot Elec./Kentucky, Inc. v. Kentucky Occupational Saf. & Health Review Comm'n, 323 S.W.3d 373 (Ky. Ct. App. 2010). “2010)(where court held that circuit court lacked jurisdiction to enlarge the time for filing the designation of the record beyond the ten-day period prescribed for the timely filing of the action despite the fact that KRS 278.420(2) permitting the enlargement of time does not…”
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