The petitioner, John Doe, appeals from the decision of a Superior Court judge affirming his final classification by the Sex Offender Registry Board (board) as a level three sex offender. We affirm. 1. Background. We summarize the facts as set forth in the hearing examiner's decision, "supplemented by undisputed facts from the record.". Standard of Review This appeal turns on interpretation of KRS 100.347(1). Statutory interpretation is a question of law, which we review de novo. Saint Joseph Hosp. v. Frye, 415 S.W.3d 631, 632 (Ky. 2013). Analysis The issue before us is extremely narrow and involves the right to appeal a decision of the Board as created by statute.
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The Court's role on appeal is to determine whether the Board had substantial evidence to support its findings.10 Conclusions of law are reviewed de novo.11 The Court will review the Board's discretionary rulings on an abuse of discretion standard,12 only disturbing its decisions where the Board "acts arbitrarily or capriciously, or.. link.epo.org
