Kentucky

Std. of Review: Administrative agency's findings of fact and conclusions of law

By Michael Stevens

STANDARD OF REVIEW of ADMINISTRATIVE AGENCY'S FINDINGS OF FACT AND CONCLUSIONS OF LAW:

As the circuit court correctly noted, an administrative agency?s findings of fact are reviewed for clear error, and its conclusions of law are reviewed de novo. ?The judicial standard of review of an unemployment benefit decision is whether the [Commission?s] findings of fact were supported by substantial evidence and whether the agency correctly applied the law to the facts.? Thompson v. Kentucky Unemployment Insurance Commission, 85 S.W.3d 621, 624 (Ky. App. 2002) (citations omitted).

1140. DENIAL OF UNEMPLOYMENT BENEFITS.
HUTCHISON (CAROLYN J.)
VS.
KENTUCKY UNEMPLOYMENT INSURANCE COMMISSION, ET AL.
OPINION AFFIRMING
ACREE (PRESIDING JUDGE)
HENRY (CONCURS)(SENIOR STATUS JUDGE) AND ISAAC (CONCURS)
2010-CA-000032-MR
TO BE PUBLISHED
JEFFERSON

Full post as published by Kentucky Cases on December 28, 2010 (boomark / email).