Home -> Law Blog Directory -> Kentucky Blogs -> Kentucky Cases
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Kentucky
: Kentucky CasesState agency required to provide a complete and orderly official record for review: MONUMENTAL LIFE INS. CO. v. THE DEPT OF REVENUE (COA 6/27/2008)
By Michael Stevens
MONUMENTAL LIFE INS. CO. v. THE DEPT OF REVENUE
GOVERNMENT: Agency required to provide a complete and orderly official record for review
2005-CA-002148
PUBLISHED: AFFIRMING
PANEL: HENRY PRESIDING; BUCKINGHAM CONCURS; THOMPSON DISSENTS BY SEP. OP.
FRANKLIN COUNTY
DATE RENDERED: 6/27/2008
This matter came before the COA upon Monumental Life Insurance Company?s motion to remand the administrative record to the Kentucky Board of Tax Appeals (KBTA) for proper organization and indexing. While it is generally appellant?s responsibility to ensure an adequate record for judicial review, the statutory duty of an administrative agency to provide a complete and orderly official record is manifestly paramount. Here, the KBTA failed to create and maintain an official record as mandated by KRS 13B.130.
KRS 13B.130 explicitly requires an administrative agency to keep an ?official record? comprised of specific documents and materials. By expressly mandating such an official record, the General Assembly clearly intended that the record be organized in a manner readily capable of review. To hold otherwise would render hollow the statutory mandate to keep an official record.
Digested by Michael Stevens
Full post as published by Kentucky Cases on September 16, 2008 (boomark / email).
Alabama Supreme Court can only review grounds accepted on certiorari
The Alabama Supreme Court quashed a writ of certiorari in Ex parte State of Alabama Dept. of Revenue, [Ms. 1061766] (Ala. March 21, 2008) because it could not reach the issue presented...
Partial Record Sufficient
The party appealing must provide a sufficient record for the appellate court to review, ?and in the absence of such a record, the reviewing court will presume that the trial court?s order was in conformity with established legal principles and had a sufficient factual basis...
Judge Stops MO Motor Vehicle Record Fee Increase
A state judge ordered the MO Dept of Revenue to stop charging the $7 fee for driver license and motor vehicle records. it was the judge's opinion the fee hike violated the the state Sunshine Law...
Exclusionary rule does not apply to drivers license revocation proceedings
Exclusionary rule does not apply to driver?s license revocation proceedings under the Fourth Amendment or the Kansas Constituion. Martin v. Kansas Dept. of Revenue, 2008 WL 268915 (Kan...
A Phone Call From the Chicago Dept. of Revenue...
I thought I'd just mention with all this ragging on Chicago for the recent tax increases, I did get a personalized call from a Chicago Department of Revenue representative late last week informing me of the new tax and mentioning that they'd have a new transfer tax form up on there Website this week...
What Am I Required To Do In Order To File Bankruptcy
Before a consumer chapter 7 or chapter 13 bankruptcy can be filed, there are certain minimum steps which every debtor must complete. In order to file an “emergency” or partial bankruptcy, you must: Complete a credit counseling session with an agency from the Justice Department’s approved list...
Selection of State Supreme Court Judges
How State Court Judges are Selected
Driving Record Checks
Get your Motor Vehicle Record (MVR) from your State Department of Motor Vehicles (DMV) Online
Employment Contracts
General Contract Law Principles
Collection Agencies and Creditors
How to deal and stop the harassment
Transportation Equity Act for the 21st Century
TEA-21 - Plus Law 105-178
Settlement
Sears settles with disabled worker for record $6.2M
California Talent Agency, Be Productions, Faces Federal Class Action
California Talent Agency, Be Productions, Faces Federal Class Action
No Signature Required
Wachovia to pay up to $125 million settlement in check cashing lawsuit.
Disability Discrimination
WA Corrections Dept. agrees to pay $300,000 settlement in class action lawsuit.
WA Dept. of Social and Health Services
Class action settlement reached will give $45,000 each to thousands of minority day-care providers.
FDA Issues Update on Safety Review Orlistat
Orlistat FDA Issues Update on Safety Review
#1 Online Legal Resource
On 08-25 at 15:46PM
Acute perpendicular parking #NYPD #NYFD
On 08-18 at 22:18PM
Parallel parking gone bad. Too much gas UES NYC
On 08-18 at 21:41PM
UES NYC
On 08-18 at 21:25PM
Twitter suspends journalist critical of broadcast partner's coverage on dubious grounds @guyadams #nbcfail #twitterfail
On 07-30 at 17:57PM
Model example of 1st Amendment suppression by the People of New York City's Michael Bloomberg #OWS #NYPD
On 07-12 at 21:07PM
AG Holder lackadaisical on Operation in our Sites domain name seizures & RIAA lobbied free speech suppression @dajaz1
On 06-08 at 22:44PM
Why is the Catholic Church going to court over Obama contraception policy? @NewYorker commentary
On 05-31 at 10:08AM
Monks sue Louisiana for right to sell caskets made from forrest destroyed by Katrina
On 05-31 at 07:47AM
Are the abortion ultrasound laws headed for the Supreme Court?
On 05-15 at 21:52PM
 |
|
Contact Us | About Us | Celebrity Law Blog |
Our Partners | Disclaimer
| Law Blog Directory
| Law Jobs
| Law Tweets
| Oil Spill Video
All original material © 1999-2011 by USLaw.com. All other material, including Blog Directory feed content, are © by their respective copyright holders. |