Legal Aspects – Table of Contents

0130.020.110 EU has the Right to Judicial Appeal

An EU dissatisfied with a hearing decision may appeal to the Circuit Court of their residence county. The EU begins the appeal process by contacting the AHU and requesting the affidavit for appeal. The affidavit for appeal must be notarized and filed with the AHU within ninety (90) days of the date of the hearing decision.

The EU appeal for review to the Circuit Clerk must include:

  • The issue being appealed, and
  • How the EU is aggrieved by the decision, and
  • The request for relief the EU desires.

The FSD is not required to assist the EU in preparing for the judicial appeal.

When the affidavit for appeal has been properly executed and returned to the DLS Office of General Counsel, they are certified along with a transcript of the hearing proceedings and sent to the Circuit Court of the county in which the EU resides.  No bond or docket fee is required. The Circuit Court tries the case on the record of the proceedings. 

The Circuit Court’s decision is based on whether the EU was given a fair hearing and whether the decision was arbitrary or unreasonable as a matter of law. If the decision is favorable to the EU, the Court will remand the proceedings for re-determination of the issues to the Director of FSD.