(A) A Complainant, Respondent, or intervenor aggrieved by an order of the Commission, including an order dismissing a complaint, may obtain judicial review, and the Commission may obtain an order of the court for enforcement of its order, in a proceeding brought as provided by KRS 344.240.
(B) The proceeding for review or enforcement is initiated by filing a complaint in the Jefferson Circuit Court. Copies of the complaint shall be served upon all parties of record. Within 30 days after the service of the complaint upon the Commission or its filing by the Commission, or within such further time as the court may allow, the Commission shall transmit to the court the original or a certified copy of the entire record upon which the order is based, including a transcript of testimony, which need not be printed. By stipulation of all parties to the review proceeding, the record may be shortened. The findings of fact of the Commission shall be conclusive unless clearly erroneous in view of the probative and substantial evidence on the whole record. The court shall have the power to grant such temporary relief or restraining order as it deems just, and to enter an order enforcing, modifying and enforcing as modified, or setting aside in whole or in part the order of the Commission, or remanding the case to the Commission for further proceedings.
(C) If the Commission has failed to schedule a hearing in accordance with § 92.43 or has failed to issue an order within 180 days after the compliant is filed, the Complainant, Respondent, or an intervenor may petition the circuit court in a county in which the alleged unlawful act set forth in the complaint is alleged to have occurred or in which the petitioner resides or has his principal place of business for an order directing the Commission to take such action.
(D) The Court shall not consider any matter not considered by, nor any objection not raised before, the Commission, unless the failure of a party to present such matter to or raise such objection before the Commission is excused because of good cause shown. A party may move the court to remand the case to the Commission in the interests of justice for the purpose of adducing additional specified and material evidence and seeking findings thereon, provided he shows good cause for the failure to adduce such evidence before the Commission.
(E) The jurisdiction of the circuit court shall be exclusive and its final judgment or decree shall be subject to review by the Court of Appeals as provided by the Rules of Civil Procedure. The Commission's copy of the testimony shall be available to all parties for examination without cost during business hours of the Commission.
(F) A proceeding under this section must be initiated within 30 days after a copy of the order of the Commission is received. If no proceeding is so initiated, the Commission may obtain a decree of the court for enforcement of its order upon showing that a copy of the petition for enforcement was served on the Respondent.
(1999 Lou. Code, § 98.53) (Lou. Ord. No. 281-1991, approved, 11-13-1991; Lou. Metro Am. Ord. No. 193-2004, approved 12-10-2004)