Professional Licensing Appeal - Kentucky

PROFESSIONAL LICENSING APPEAL — KENTUCKY

Table of Contents

1. Appeal Cover Letter
2. Petition for Judicial Review
3. Statement of Issues for Review
4. Grounds for Appeal
5. Motion for Stay of Disciplinary Action Pending Appeal
6. Hearing Procedures
7. Evidence and Record on Appeal
8. Standard of Review
9. Petition for Reinstatement/Restoration of License
10. Common Licensing Boards Directory
11. Document Checklist
12. Practice Tips
13. Sources and References

1. APPEAL COVER LETTER

[__/__/____]

Clerk of the Circuit Court
[________________________________] County
[________________________________]
[________________________________], Kentucky [____]

Re: Petition for Judicial Review — [________________________________] v. [________________________________]

Dear Clerk:

Enclosed please find for filing the following documents in the above-referenced matter:

☐ Petition for Judicial Review of Final Order of [________________________________] (Board/Agency)
☐ Certified copy of Final Order dated [__/__/____]
☐ Filing fee of $[____] (check payable to Clerk of the Circuit Court)
☐ Certificate of Service upon agency and Kentucky Attorney General
☐ Motion for Stay of Disciplinary Action Pending Review (if applicable)
☐ Proposed Order for Stay (if applicable)
☐ Request for Administrative Record Certification
☐ Entry of Appearance and Designation of Counsel

Please file-stamp the enclosed copies and return them in the self-addressed, stamped envelope provided.

Respectfully submitted,

[________________________________]
Attorney for Petitioner
[________________________________]
[________________________________]
Phone: [________________________________]
Email: [________________________________]
Kentucky Bar No. [____]

2. PETITION FOR JUDICIAL REVIEW

IN THE [________________________________] CIRCUIT COURT

[________________________________] COUNTY, KENTUCKY

[________________________________],
Petitioner,

v. Civil Action No. [________________________________]

[________________________________],
Respondent.

PETITION FOR JUDICIAL REVIEW OF FINAL AGENCY ORDER

COMES NOW Petitioner, [________________________________], by and through undersigned counsel, and pursuant to KRS 13B.140, petitions this Court for judicial review of the Final Order of [________________________________] (hereinafter "Board" or "Agency"), and in support thereof states as follows:

I. PARTIES

1. Petitioner [________________________________] is an individual residing at [________________________________], [________________________________] County, Kentucky, and holder of [________________________________] License No. [____], issued by the Board.

2. Respondent [________________________________] is a state licensing board or agency organized under the laws of the Commonwealth of Kentucky, with its principal office located at [________________________________], Kentucky.

II. JURISDICTION AND VENUE

3. This Court has jurisdiction pursuant to KRS 13B.140, which provides that any party aggrieved by a final order of an agency in an administrative hearing conducted pursuant to KRS Chapter 13B may appeal to the Circuit Court.

4. Venue is proper in this Court because: ☐ the alleged violation occurred in [________________________________] County; ☐ venue is in Franklin Circuit Court as a default under KRS 13B.140(1); ☐ the appealing party resides or operates a place of business in [________________________________] County.

III. TIMELINESS

5. On [__/__/____], the Board mailed/delivered its Final Order to Petitioner by [________________________________] (certified mail/personal service/electronic service).

6. This Petition is timely filed within thirty (30) days after the Final Order was mailed or delivered, as required by KRS 13B.140(1).

7. Petitioner has exhausted all administrative remedies available within the agency.

IV. PROCEDURAL HISTORY

8. Petitioner holds a [________________________________] license issued by the Board on [__/__/____].

9. On [__/__/____], the Board initiated administrative proceedings by issuing a [________________________________] (Complaint/Notice of Hearing/Charges/Order to Show Cause) against Petitioner, alleging [________________________________].

10. A hearing officer was appointed to conduct an evidentiary hearing pursuant to KRS 13B.080.

11. The evidentiary hearing was conducted on [__/__/____] before Hearing Officer [________________________________].

12. On [__/__/____], the Hearing Officer issued a Recommended Order containing findings of fact, conclusions of law, and a proposed disposition, pursuant to KRS 13B.110.

13. On [__/__/____], the Board [________________________________] (accepted/modified/rejected) the Hearing Officer's Recommended Order and issued its Final Order pursuant to KRS 13B.120.

14. The Final Order imposed the following discipline: [________________________________] (revocation/suspension for [____] months/probation/reprimand/fine of $[____]/other conditions).

V. ISSUES ON APPEAL

15. The following issues are presented for judicial review:

(a) [________________________________]
(b) [________________________________]
(c) [________________________________]

VI. GROUNDS FOR RELIEF

16. The Board's Final Order should be reversed or modified for the following reasons:

(a) [________________________________]
(b) [________________________________]
(c) [________________________________]

VII. RELIEF REQUESTED

WHEREFORE, Petitioner respectfully requests that this Court:

(a) Reverse, vacate, or modify the Board's Final Order;

(b) Reinstate Petitioner's [________________________________] license, free from conditions, or with modified conditions;

(c) Remand the matter to the Board for further proceedings consistent with the Court's decision;

(d) Stay enforcement of the Board's Final Order pending judicial review;

(e) Award Petitioner costs of this action; and

(f) Grant such other relief as this Court deems just and equitable.

Respectfully submitted,

[________________________________]
Attorney for Petitioner
[________________________________]
Kentucky Bar No. [____]
[________________________________]
Phone: [________________________________]
Email: [________________________________]

VERIFICATION

COMMONWEALTH OF KENTUCKY )
) ss.
COUNTY OF [________________] )

I, [________________________________], being first duly sworn, state that the foregoing Petition for Judicial Review is true and correct to the best of my knowledge, information, and belief.

[________________________________]
Petitioner

Subscribed and sworn to before me this [____] day of [________________], [____].

[________________________________]
Notary Public, State at Large
My Commission Expires: [__/__/____]

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of this Petition for Judicial Review was served upon:

☐ [________________________________] (Agency/Board) at [________________________________]
☐ Office of the Attorney General, 700 Capitol Avenue, Suite 118, Frankfort, Kentucky 40601
☐ All other parties of record in the administrative proceeding

By: ☐ First-class U.S. Mail ☐ Certified mail, return receipt requested ☐ Hand delivery ☐ Electronic service

[________________________________]
Attorney for Petitioner

3. STATEMENT OF ISSUES FOR REVIEW

Petitioner presents the following issues for judicial review under KRS 13B.150:

Issue 1: Whether the Board's findings of fact are clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record.

Issue 2: Whether the Board's Final Order is in violation of constitutional or statutory provisions.

Issue 3: Whether the Board acted in excess of its statutory authority.

Issue 4: Whether the Board's action was affected by material error of law.

Issue 5: Whether the Board followed lawful procedure.

Issue 6: Whether the Board's action was arbitrary or capricious, or characterized by an abuse of discretion.

Issue 7: Whether the sanction imposed is disproportionate to the alleged violation.

Issue 8: [________________________________]

4. GROUNDS FOR APPEAL

Under KRS 13B.150(2), the Circuit Court shall reverse, remand, or modify the final order if the substantial rights of the petitioner have been prejudiced because the agency's final order is:

☐ (a) Unconstitutional — In violation of constitutional provisions, either on its face or as applied.

☐ (b) In Excess of Authority — In excess of the statutory authority of the agency.

☐ (c) Unlawful Procedure — Without support of substantial evidence or without due regard to procedural requirements prescribed by statute or agency regulation.

☐ (d) Error of Law — Affected by other error of law.

☐ (e) Clearly Erroneous — Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record.

☐ (f) Arbitrary or Capricious — Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

NOTE — De Novo Review of Questions of Law: Under SB 84 (effective 2024), Kentucky courts apply de novo review to agency interpretations of statutes or administrative regulations. Agency interpretations are not entitled to deference from the reviewing court.

5. MOTION FOR STAY OF DISCIPLINARY ACTION PENDING APPEAL

IN THE [________________________________] CIRCUIT COURT

[________________________________] COUNTY, KENTUCKY

[________________________________], Petitioner,
v.
[________________________________], Respondent.

Civil Action No. [________________________________]

MOTION FOR STAY OF FINAL ORDER PENDING JUDICIAL REVIEW

COMES NOW Petitioner, [________________________________], and pursuant to KRS 13B.140, moves this Court for an order staying enforcement of the Board's Final Order dated [__/__/____] pending resolution of the Petition for Judicial Review, and in support states:

1. Petitioner has timely filed a Petition for Judicial Review of the Board's Final Order in this Court.

2. Under KRS 13B.140, a petition for judicial review does not automatically stay enforcement of a final order pending judicial review. A stay must be ordered by the Circuit Court upon petition.

3. The Court should grant a stay because:

(a) Likelihood of Success: Petitioner is likely to prevail on the merits because [________________________________].

(b) Irreparable Harm: Without a stay, Petitioner will suffer irreparable harm, including [________________________________] (loss of ability to practice profession, loss of income, damage to professional reputation, inability to serve existing clients/patients).

(c) Balance of Harms: The harm to Petitioner from enforcement outweighs any potential harm to Respondent or the public from maintaining the status quo because [________________________________].

(d) Public Interest: A stay will serve the public interest because [________________________________].

4. Petitioner is willing to comply with reasonable conditions imposed by the Court during the pendency of the stay, including [________________________________].

WHEREFORE, Petitioner respectfully requests that this Court grant a stay of enforcement of the Board's Final Order pending resolution of this appeal.

[________________________________]
Attorney for Petitioner

6. HEARING PROCEDURES

Kentucky Administrative Hearing Process Under KRS Chapter 13B

Initiation of Proceedings:
☐ Agency issues Complaint or Notice of Administrative Hearing (KRS 13B.030)
☐ Complaint sets forth charges with specificity
☐ Licensee served with complaint at least 20 days before hearing
☐ Licensee files answer within 20 days of service (KRS 13B.050)

Pre-Hearing:
☐ Hearing officer appointed by the agency (KRS 13B.040)
☐ Hearing officer must meet qualifications under KRS 13B.040(2)
☐ Pre-hearing conference conducted (KRS 13B.060)
☐ Discovery conducted; depositions, interrogatories, and document requests permitted (KRS 13B.070)
☐ Motions to dismiss or for summary judgment may be filed

Evidentiary Hearing (KRS 13B.080):
☐ Hearing conducted in accordance with KRS Chapter 13B procedures
☐ Parties have right to be represented by counsel
☐ Evidence presented under oath; cross-examination permitted
☐ Rules of evidence generally followed, but relaxed standards apply
☐ Hearing officer may administer oaths and issue subpoenas
☐ Hearing recorded verbatim by stenographic reporter or electronic means

Post-Hearing:
☐ Hearing Officer issues Recommended Order within 60 days (KRS 13B.110)
☐ Recommended Order includes findings of fact, conclusions of law, and recommended disposition
☐ Parties may file exceptions within 15 days (KRS 13B.110(4))
☐ Board hearing panel reviews the record and Recommended Order
☐ Board issues Final Order (KRS 13B.120) — may adopt, modify, or reject the Recommended Order
☐ Final Order served on all parties

Emergency Actions (KRS 13B.125):
☐ Agency may issue emergency order without prior hearing when immediate threat to public health, safety, or welfare exists
☐ Emergency hearing conducted within 14 days of issuance of emergency order
☐ Licensee may appeal emergency order

Judicial Review (Circuit Court — KRS 13B.140):
☐ Petition filed within 30 days of mailing or personal service of Final Order
☐ Review confined to the administrative record (KRS 13B.150)
☐ Court reviews without jury
☐ Court may hear oral argument and receive written briefs
☐ Court applies de novo review to questions of law

Further Appeal:
☐ Appeal from Circuit Court to Kentucky Court of Appeals as of right
☐ Appeal from Court of Appeals to Kentucky Supreme Court by motion for discretionary review

7. EVIDENCE AND RECORD ON APPEAL

Administrative Record

Under KRS 13B.150(1), review is confined to the record unless fraud or misconduct is alleged. The agency record shall include:

☐ Notice of administrative hearing and all pleadings
☐ Motions, orders, and rulings
☐ Evidence admitted at hearing
☐ Hearing officer's Recommended Order
☐ Exceptions filed by parties
☐ Board's Final Order
☐ Transcript of the hearing
☐ All documentary exhibits
☐ Correspondence of record

Record Preparation and Costs

☐ Petitioner shall request preparation of the record upon filing the Petition
☐ Cost of preparing the record, including transcription, is borne by petitioner
☐ The agency shall transmit the record to the Circuit Court within the time specified
☐ Parties may stipulate to shorten the record

Additional Evidence

Under Kentucky law, review is generally confined to the administrative record. Additional evidence is not permitted unless:

• Fraud or misconduct is alleged involving a party engaged in administration of KRS Chapter 13B
• The Court finds grounds for additional evidence in extraordinary circumstances

8. STANDARD OF REVIEW

KRS 13B.150 — Scope of Judicial Review

Review on the Record: Review of a final order shall be conducted by the court without a jury and shall be confined to the record, unless there is fraud or misconduct involving a party.

De Novo Review of Law: Under KRS 13B.150, as amended by SB 84 (effective 2024), the court applies de novo review to the agency's final order on questions of law. An agency's interpretation of a statute or administrative regulation shall not be entitled to deference from a reviewing court.

Clearly Erroneous Standard for Facts: The court reviews the agency's findings of fact under the "clearly erroneous" standard — the court determines whether the findings are clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record.

Reversal Grounds: The court shall reverse, remand, or modify the final order if substantial rights of the petitioner have been prejudiced because the final order is:

• In violation of constitutional provisions
• In excess of statutory authority
• Without support of substantial evidence
• Affected by error of law
• Clearly erroneous in view of the whole record
• Arbitrary or capricious, or characterized by abuse of discretion

Proportionality Review: The court may review whether the sanction imposed is so disproportionate as to constitute an abuse of discretion.

9. PETITION FOR REINSTATEMENT/RESTORATION OF LICENSE

BEFORE THE [________________________________] (Board/Agency)

COMMONWEALTH OF KENTUCKY

IN THE MATTER OF THE [________________________________] LICENSE OF:

[________________________________]
License No. [____]

PETITION FOR REINSTATEMENT OF LICENSE

TO THE [________________________________] (Board/Agency):

Petitioner, [________________________________], respectfully petitions the Board for reinstatement of Petitioner's [________________________________] license, which was [________________________________] (revoked/surrendered) on [__/__/____], and in support states:

I. Background

1. Petitioner was licensed as a [________________________________] in Kentucky under License No. [____], effective [__/__/____].

2. On [__/__/____], the Board issued a Final Order of [________________________________] (revocation/surrender) based on [________________________________].

3. The statutory or regulatory waiting period for reinstatement of [____] years has expired.

II. Grounds for Reinstatement

4. Petitioner has been rehabilitated and is fit to resume practice, as demonstrated by:

☐ Completion of required continuing education hours: [________________________________]
☐ Completion of remedial or retraining programs: [________________________________]
☐ Successful completion of substance abuse treatment: [________________________________]
☐ Mental health treatment and clearance by qualified professional: [________________________________]
☐ Payment of all outstanding fines, costs, and restitution: [________________________________]
☐ No subsequent criminal convictions: [________________________________]
☐ No subsequent disciplinary actions in any jurisdiction: [________________________________]
☐ Employment history since revocation: [________________________________]
☐ Community service and civic involvement: [________________________________]
☐ Character reference letters: [________________________________]
☐ Other evidence of rehabilitation: [________________________________]

III. Supporting Documentation

☐ Personal statement addressing misconduct and rehabilitation efforts
☐ Character reference letters (minimum [____])
☐ Proof of continuing education credits
☐ Treatment completion certificates (if applicable)
☐ Criminal background check results
☐ Proof of financial responsibility/malpractice insurance
☐ Current examination scores (if re-examination required)
☐ Evidence of practice competency

IV. Relief Requested

Petitioner respectfully requests that the Board reinstate Petitioner's [________________________________] license, with or without conditions as the Board deems appropriate.

Date: [__/__/____]

[________________________________]
Petitioner / Attorney for Petitioner

10. COMMON LICENSING BOARDS DIRECTORY

11. DOCUMENT CHECKLIST

Pre-Filing Checklist

☐ Obtain certified copy of Board's Final Order
☐ Verify filing deadline (30 days from mailing/delivery of Final Order — KRS 13B.140(1))
☐ Confirm exhaustion of administrative remedies
☐ Determine proper venue (county of violation, Franklin County, or county of residence/business)
☐ Calculate and obtain filing fee
☐ Prepare Petition for Judicial Review

Filing Checklist

☐ Petition for Judicial Review (original plus copies per local rule)
☐ Certified copy of Board's Final Order (Exhibit A)
☐ Filing fee payment
☐ Entry of Appearance
☐ Certificate of Service
☐ Request for Administrative Record
☐ Motion for Stay (if seeking stay of enforcement)
☐ Proposed Order for Stay
☐ Civil cover sheet (if required by local rule)

Service Requirements

☐ Serve Petition on the agency/board
☐ Serve Petition on the Kentucky Attorney General, 700 Capitol Avenue, Suite 118, Frankfort, KY 40601
☐ Serve all other parties of record in the administrative proceeding
☐ File proof of service with the court

Post-Filing Checklist

☐ Monitor preparation and filing of administrative record
☐ Review transmitted record for completeness
☐ File designation of record or objections to record as necessary
☐ Prepare and file opening brief per court schedule
☐ Review respondent's brief
☐ Prepare and file reply brief (if permitted)
☐ Attend oral argument (if scheduled)
☐ Review court's decision and evaluate further appellate rights

12. PRACTICE TIPS

Timing Considerations

• 30-day deadline is critical. Under KRS 13B.140(1), the petition must be filed within 30 days of mailing or personal delivery of the final order. This deadline is jurisdictional.
• No automatic tolling. Filing a motion for reconsideration with the agency does not automatically toll the 30-day appeal deadline unless the agency's enabling statutes provide otherwise. Verify the specific board's rules.
• File in the correct venue. If the enabling statute does not specify venue, you may file in Franklin Circuit Court or the circuit court of the county in which the party resides or operates a place of business.

Strategic Considerations

• De novo review of law is significant. Since SB 84 (2024) eliminated agency deference on questions of law, arguments that the board misinterpreted statutes or regulations carry greater weight on appeal.
• Focus on the Recommended Order. If the Board departed from the Hearing Officer's Recommended Order, explain why the Hearing Officer's findings and conclusions were correct and the Board's departure was unjustified.
• Preserve the record. All legal arguments and factual disputes must be raised during the administrative proceeding. Failure to object at the hearing may waive the issue on appeal.
• Stay is not automatic. A petition for judicial review does not stay the Final Order. File a separate motion for stay promptly.

Common Pitfalls

• Missing the 30-day filing deadline
• Filing in the wrong venue (check enabling statutes first)
• Failing to serve the Attorney General
• Neglecting to request the administrative record promptly
• Raising new issues on appeal that were not preserved below
• Assuming the appeal automatically stays the disciplinary order

Fee and Cost Considerations

• Circuit Court filing fees vary; check with the clerk
• Transcript preparation costs are borne by the petitioner
• Attorney fees are generally not recoverable
• Factor in the cost of lost income during suspension when evaluating appeal strategy

13. SOURCES AND REFERENCES

Statutes

• KRS Chapter 13B — Statewide Administrative Hearings
• KRS 13B.030 — Initiation of Proceedings
• KRS 13B.040 — Hearing Officers
• KRS 13B.080 — Conduct of Hearings
• KRS 13B.110 — Recommended Order
• KRS 13B.120 — Final Order
• KRS 13B.125 — Emergency Orders
• KRS 13B.140 — Judicial Review
• KRS 13B.150 — Scope of Review
• SB 84 (2024) — Elimination of Agency Deference

Online Resources

• Kentucky Legislature: https://apps.legislature.ky.gov/
• Kentucky Court of Justice: https://www.kycourts.gov/
• Kentucky Board of Medical Licensure: https://kbml.ky.gov/
• Kentucky Board of Nursing: https://kbn.ky.gov/
• Kentucky Bar Association: https://www.kybar.org/

Key Case Law

• Kentucky Board of Medical Licensure v. Strauss, 556 S.W.3d 577 (Ky. 2018) (scope of judicial review of licensing decisions)
• Peisel v. Kentucky Board of Medical Licensure, 2004 WL 962179 (Ky. App. 2004) (standard of review)
• Geupel Construction Co. v. Commonwealth Transportation Cabinet, 2003 WL 1338498 (Ky. App. 2003) (exhaustion and scope of review)

This template is provided for informational purposes only and does not constitute legal advice. It must be reviewed and customized by a qualified attorney licensed in Kentucky before use. Laws, regulations, and procedures are subject to change. Always verify current requirements with the applicable licensing board and court.

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