SCR 3.130 KENTUCKY RULES OF PROFESSIONAL CONDUCT

 Current with amendments received through 6/30/99

SCR 3.130(7.07) APPEAL

(1) Any person aggrieved by a notice of proposed disapproval or final decision of the Commission pursuant to Rule 7.06 may appeal to the Board by filing with the Board, c/o Director, a Statement of Points and Authorities, within thirty (30) days after the date of  the notice of proposed disapproval or final decision. Filing shall be made either by deposit in the United States mail, postage prepaid, or by delivery to the Office of the Director.  Review by the Board shall be on the record before the Commission, and shall be decided at the Board's next meeting after receipt by the Director of the Points and Authorities and the decision shall be rendered within thirty (30) days thereafter.

(2) Any person aggrieved by a decision of the Board may file a notice for the Supreme Court to review the Board's decision within thirty (30) days after the Board's decision is rendered stating reasons for review accompanied by a brief supporting his position on the merits of the case. The Director may file a brief within thirty (30) days thereafter in support of the Board's decision. Thereafter, the Court shall enter such orders or opinions as it deems appropriate on the entire record.

(3) Relief from any ruling of the Commission or the Board may be sought in the Supreme
Court.

(4) The standard of review on all appeals shall be that the decision of the Commission shall be affirmed unless the Commission has erred as a matter of law, has made clearly erroneous findings on issues of material fact, or has exercised its discretion in an arbitrary or capricious manner.
 
Amended by Order 95-1, eff. 11-1-95; adopted eff. 8-1-92

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