Any action brought under KRS 278.410 shall be heard and decided by the court upon the
evidence submitted to the commission as shown by the record, and no other evidence
shall be received. If any party satisfies the court that evidence has been discovered since
the hearing before the commission that could not have been obtained for use at that
hearing by the exercise of reasonable diligence and will materially affect the merits of the
case, the court may remand the record and proceedings to the commission, with directions
to take the newly-discovered evidence, and after consideration thereof, enter and file a
proper order, which may be reviewed in the same manner as any other final order of the
commission.
Effective: July 13, 1990
History: Amended 1990 Ky. Acts ch. 149, sec. 2, effective July 13, 1990; and ch. 354,
sec. 3, effective July 13, 1990. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective
October 1, 1942, from Ky. Stat. secs. 3952-47, 3952-50.
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
Stephens v. Kentucky Utils. Co., 569 S.W.2d 155 (Ky. 1978).
· cites it 9× “Remand is authorized either under KRS 278.440 or in the exercise of the Court’s duty to insure a proper determination of the confiscation issue.”
Kentucky Utils. Co. v. Pub. Serv. Comm'n, 252 S.W.2d 885 (Ky. Ct. App. 1952).
· cites it 4× “KRS 278.440. Whether the circuit court should have remanded the case to the commission, in order that the evidence as to increased costs might be considered by the commission, will be discussed at a later point in this opinion.”
Energy Regulatory Comm'n v. Kentucky Power Co., 605 S.W.2d 46 (Ky. Ct. App. 1980).
“KRS 278.440 provides that the circuit court shall decide this kind of appeal upon the evidence submitted to the Commission as shown by the transcript and no other evidence shall be received.”
Util. Regulatory Comm'n v. Kentucky Water Serv. Co., 642 S.W.2d 591 (Ky. Ct. App. 1982).
“But even if that were not so, we cannot accept appellant’s argument that statements in KRS 278.440 prohibit the remand for taking of additional evidence by the Commission.”
Kentucky Power Co. v. Energy Regulatory Comm'n, 623 S.W.2d 904 (Ky. 1981).
“In this particular context, the purpose of the remand was in keeping with KRS 278.440 in that it directed the Commission to hear new evidence that could not have been obtained by the Company prior to the original hearing (to wit, that the rates thereafter fixed by the Commission…”
Middleton's Adm'x v. Middleton, 179 S.W.2d 227 (Ky. Ct. App. 1944).
“KRS 278.440. An appeal by a county from an order of the State Board of Equalization and Assessment does not require the filing of the Board’s record until after the petition in court has been filed.”
Pub. Serv. Comm'n v. Warren Cnty. Water Dist., 642 S.W.2d 594 (Ky. Ct. App. 1982).
· cites it 2× “The Commission cites the provisions of KRS 278.440, with regard to the action being decided only on the transcript of evidence heard by the Commission, as well as requirements that a rate order be set aside only if it is unlawful or unreasonable.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.