Kentucky Public Service Commission Appeals

An adverse decision from the Kentucky Public Service Commission can strip a Kentuckian of benefits, licenses, funding, or eligibility — and the appeal deadlines are short, often 15 to 30 days from the date the decision was issued. Clark + Harris represents Kentuckians appealing Kentucky Public Service Commission decisions through administrative hearings, Franklin Circuit Court review, and further appeal when warranted.

How PSC Appeals Work

Every Kentucky administrative appeal begins with a written notice of appeal filed with the agency within the statutory deadline. For the Kentucky Public Service Commission, that deadline is typically stated on the face of the adverse decision letter and varies between 15 and 30 days depending on the type of matter. Missing the deadline is usually fatal — Kentucky courts rarely grant extensions for administrative appeal deadlines.

Once the notice of appeal is filed, the case is assigned to a hearing officer or Administrative Law Judge (ALJ) within the Kentucky Office of Administrative Hearings or the agency’s internal appellate division. The parties conduct limited discovery, prepare witness lists and exhibit lists, and proceed to a hearing. Hearings are less formal than court trials — hearsay is generally admissible, the rules of evidence are relaxed — but the stakes and the preparation required are substantial.

After the hearing, the ALJ issues a recommended order, which is typically reviewed by the agency head or the PSC leadership for a final order. The final order is what triggers the right to judicial review in Franklin Circuit Court under KRS 13B.140.

Your Rights in a PSC Appeal

Written notice of the basis for the agency’s decision and the appeal rights
Right to be represented by counsel at every stage
Right to present evidence and witnesses — including expert witnesses where appropriate
Right to cross-examine the agency’s witnesses
Access to the agency’s record supporting the decision
Written findings of fact and conclusions of law supporting the final order
Right to appeal the final order to Franklin Circuit Court under KRS 13B.140

Common Issues in PSC Matters

The Kentucky Public Service Commission handles a specific set of recurring issues, and successful appeals typically share common characteristics: complete documentation of the underlying facts, timely filing of every procedural step, legal analysis of the agency’s interpretation of its own regulations, and preparation of witnesses (including the appellant) to testify clearly and credibly. The most common reasons Kentucky administrative appeals fail are missed deadlines and incomplete records — not bad facts.

Judicial Review of PSC Final Orders

After the PSC issues a final order, the appellant has 30 days to file a petition for judicial review in Franklin Circuit Court under KRS 13B.140. The Circuit Court reviews the agency’s factual findings under a substantial-evidence standard — meaning the court will affirm if the agency’s findings are supported by substantial evidence in the record — but reviews legal conclusions de novo. The Circuit Court may affirm, reverse, remand, or modify the agency’s order, and it may award attorney fees under certain statutes if the agency’s action was not substantially justified.

Further appeal from Franklin Circuit Court runs as of right to the Kentucky Court of Appeals, and discretionary review is available in the Kentucky Supreme Court. Clark + Harris handles PSC appeals through every level.

How Clark + Harris Handles PSC Appeals

Our administrative appeals practice typically includes: filing the notice of appeal and preserving every procedural right; obtaining and reviewing the agency’s complete record; preparing witnesses — including the appellant — to testify clearly and credibly; drafting pre-hearing briefs that frame the case favorably under the PSC’s governing statutes and regulations; trying the hearing before the ALJ; drafting post-hearing briefs with proposed findings of fact and conclusions of law; petitioning the PSC leadership for review of adverse recommended orders; and filing judicial-review petitions in Franklin Circuit Court when the agency’s final order remains adverse. Call Clark + Harris at 859-474-0001 to discuss your PSC matter.

Frequently Asked Questions

How soon should I contact Clark + Harris?

As soon as possible. Early representation protects your rights and preserves evidence. Call 859-474-0001 — we respond promptly to new inquiries.

Does Clark + Harris represent clients statewide in Kentucky?

Yes. We represent clients across all 120 Kentucky counties, in both administrative and judicial forums.

What does an initial consultation cost?

Initial consultations with Clark + Harris are confidential and most matters qualify for a free or fixed-fee case review.

Related Resources

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