(1) The commission may on its own motion affirm, modify, or set aside any decision of
a referee on the basis of the evidence previously submitted in such case, or direct
the taking of additional evidence, or may permit any of the parties to such decision
to initiate further appeals before it. The commission may remove to itself or transfer
to another referee the proceedings on any claims pending before a referee.
(2) An application for review by the commission of any administrative determination
affecting an employing unit's liability, contribution rate, or amount of contributions
may be filed by such employing unit within twenty (20) days after notice of such
determination was mailed to such employing unit's last known address.
(3) Any proceedings before the commission shall be heard and determined by the entire
commission composed of three (3) members, except that no member of the
commission shall participate in any case in which he is an interested party, and the
chairman shall act alone in the absence or disqualification of any other member.
The commission shall promptly notify the parties to any proceedings of its findings
and decisions.
Effective: July 15, 1988
History: Amended 1988 Ky. Acts ch. 106, sec. 10, effective July 15, 1988. -- Amended
1950 Ky. Acts ch. 206, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective
October 1, 1942, from Ky. Stat. sec. 4748g-11.
Notes of Decisions
Burch v. Taylor Drug Store, Inc., 965 S.W.2d 830 (Ky. Ct. App. 1998).
· cites it 3× “” KRS 341.430(1). Unlike a conventional appellate body, the Commission conducts a de novo review of applications.”
Kentucky Unemployment Ins. Comm'n v. Providian Agency Grp., Inc., 981 S.W.2d 138 (Ky. Ct. App. 1998).
· cites it 2× “Any decision affecting an employing unit’s liability, contribution rate, or amount of contributions arises under KRS 341.430(2). KRS 341.450 and KRS 341.460 outline the appropriate procedures for judicial review of these decisions.”
Brown Hotel Co. v. Edwards, 365 S.W.2d 299 (Ky. Ct. App. 1962).
“KRS 341.430. The Commission is authorized by statute to make regulations to provide for the conduct of hearings in a summary manner and for the presentation of appeals.”
Kentucky Unemployment Comp. Comm'n v. Chenault & Orear, 174 S.W.2d 767 (Ky. Ct. App. 1943).
“It is the argument of the appellees that no appeal is granted to the Commission from a referee’s decision as a matter of right, but that, by KRS 341.430, the setting aside of a referee’s decision by the Commission is made to depend on the whim, fairness or desire of the…”
Kentucky Unemployment Ins. Comm'n v. Blakeman, 419 S.W.3d 752 (Ky. Ct. App. 2013).
“A court may not substitute its opinion as to the credibility of the witnesses, the weight given the evidence, or the inferences to be drawn from the evidence.”
Muhammad v. Cont'l Mills, Inc (W.D. Ky. 2024).
· cites it 2× “See Ky. Rev. Stat. § 341.430. From there, judicial review may be had in the circuit court of the county where the claimant was employed under Ky.”
Marcia Ebbs, M.D. v. Kentucky Unemployment Ins. Comm'n (Ky. Ct. App. 2020).
“See also KRS 341.430(1). We conclude that the Referee and the Commission were entitled to base their findings of disqualification on [the employee’s] conduct, rather than merely the specific rules cited by the [employer] as a basis for his termination.”
Stephen S. Willis v. Kentucky Unemployment Ins. Comm'n (Ky. Ct. App. 2021).
“115 and KRS 341.430. The referee conducting the additional evidentiary hearings for KUIC explained on the record that he would simply be conducting the evidentiary hearings and then submitting the evidence to KUIC for it to review.”
— Ky. Rev. Stat. § 341.430(1) — 6 cases
Burch v. Taylor Drug Store, Inc., 965 S.W.2d 830 (Ky. Ct. App. 1998).
“” KRS 341.430(1). Unlike a conventional appellate body, the Commission conducts a de novo review of applications.”
Kentucky Unemployment Ins. Comm'n v. Blakeman, 419 S.W.3d 752 (Ky. Ct. App. 2013).
“A court may not substitute its opinion as to the credibility of the witnesses, the weight given the evidence, or the inferences to be drawn from the evidence.”
— Ky. Rev. Stat. § 341.430(2) — 1 case
Kentucky Unemployment Ins. Comm'n v. Providian Agency Grp., Inc., 981 S.W.2d 138 (Ky. Ct. App. 1998).
“Any decision affecting an employing unit’s liability, contribution rate, or amount of contributions arises under KRS 341.430(2). KRS 341.450 and KRS 341.460 outline the appropriate procedures for judicial review of these decisions.”
— Ky. Rev. Stat. § 341.430(3) — 1 case
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