Opinion of the Court by Justice VENTERS.
Tony C. Taylor appeals from an opinion of the Court of Appeals which affirmed an order of the Henderson Circuit Court dismissing his petition for review of a decision of the Kentucky Unemployment Insurance Commission (KUIC). In addition to denying Taylor unemployment benefits, KUIC ordered Taylor to reimburse $12,785.00 in benefit payments that he had already received.
Relying upon controlling precedent, the circuit court dismissed Taylor's petition for review because it did not comply with the verification requirement contained in KRS 341.450(1). The circuit court thus concluded that its jurisdiction was not invoked within the twenty-day limitations period provided for filing such an action. From this determination, the court further concluded that it lacked jurisdiction to grant Taylor's motion to file a properly verified amended petition, leaving no alternative but to dismiss the case with prejudice.
On appeal, Taylor raises the following claims for our review: (1) that failure to include a verification clause in the original application did not deprive the circuit court of jurisdiction, and thus the court could have granted his motion to amend; (2) that even if the verification requirement is jurisdictional he substantially complied with KRS 341.450's verification requirement; (3) that he has met the requirements of KRS 341.450(1) as amended because his attorney signed the petition which pursuant to CR 11 suffices to qualify as a verification; and (4) that KRS 13B.140 grants the circuit court subject matter jurisdiction and supersedes KRS 341.450.
For the reasons stated below, we affirm.
Taylor alleged that he terminated his employment at River Metals because of health problems. After the local unemployment office determined that Taylor was entitled to draw unemployment benefits, River Metals appealed to the KUIC. Following a hearing, the referee agreed that Taylor had voluntarily quit his job for
On the final day of the twenty-day period allowed for seeking judicial review of a KUIC decision, Taylor filed a petition for review in the Henderson Circuit Court. Although Taylor's attorney had signed the petition, his signature was not verified. The petition did not otherwise include a verification provision of any sort whatsoever; nor was it signed by Taylor.
River Metals moved to dismiss the action on the grounds that, without formal verification, the petition failed to meet the jurisdictional requirements found in KRS 341.450. Well beyond the expiration of the twenty-day limitations period, Taylor attempted to cure the deficient pleading by moving to file an amended petition that had the proper verification. In his motion to amend, Taylor explained that he had inadvertently omitted the verification of the petition. KUIC also moved for dismissal on the same grounds asserted by River Metals.
The circuit court concluded that strict compliance with the terms of KRS 341.450 was necessary in order to invoke its jurisdiction, and that without formal verification, the petition did not comply with the statute. The court further reasoned that, since the defective petition was inadequate to invoke its jurisdiction, the court lacked authority to grant the motion to amend the petition. Accordingly, the circuit court dismissed the case.
On appeal, the Court of Appeals affirmed the dismissal, relying principally upon three prior decisions addressing substantially similar issues. See Fisher v. Kentucky Unemployment Ins. Com'n, 880 S.W.2d 891, 891 (Ky.App.1994) (attorney's signature on the petition for review was not sufficient compliance with statutory "verified complaint" requirement to confer jurisdiction on circuit court.); Monyhan v. Kentucky Unemployment Ins. Com'n, 709 S.W.2d 837 (Ky.App.1986) (The claimant's unverified petition for review of the Unemployment Commission's ruling was dismissed because it was not filed in the appropriate circuit court and was therefore not in compliance with the statutory requirement for verified complaints.); Pickhart v. U.S. Post Office, 664 S.W.2d 939, 940 (Ky.App.1983) (claimant's failure to comply with statute requiring that a complaint filed to secure judicial review be verified, was fatal to his appeal).
Pickhart, the Court of Appeals discussed the issue as follows:
Pickhart, 664 S.W.2d at 940.
Monyhan relied upon the holding in Pickhart to answer the same question the same way, and Fisher relied upon those two holdings, plus Carter, to reach the same conclusion. We believe these four cases accurately state the rule in the case before us, and thus we hold that a properly verified complaint is required to invoke circuit court jurisdiction under KRS 341.450(1), and, further, that a CR 11 signature by the claimant's attorney is insufficient to comply with the verification requirements of the statute.
Taylor acknowledges that Pickhart, Monyhan and Fisher squarely hold that the failure to verify a petition for judicial review of a decision of the Commission is jurisdictional and strict compliance with the rule is required. Nevertheless, he argues that those cases were wrongly decided and contends that, "[t]he notion that the court lacks jurisdiction for want of verification simply should not be the law. Such was not the law under the strict fact pleading system of old and should not be the law under the current notice pleading rules of civil procedure system[s] which are designed to facilitate decisions on the merits. No public policy or legislative intent exist [sic] to defend a holding to the contrary."
We granted discretionary review in order to examine whether the settled precedent relied upon by the circuit court and the Court of Appeals remains viable, whether the verification requirement of KRS 341.450(1) requires strict compliance, and whether the attorney's signature on the petition should be regarded as satisfying the statutory requirement for verification.
Judicial review of KUIC decisions is provided by KRS 341.450(1), which states:
(emphasis added).
Thus, pursuant to the plain terms of the statute, in order to secure judicial review, a claimant must file a verified complaint against the KUIC and the employer in the appropriate circuit court within twenty days after the KUIC's decision. Taylor's original complaint met all statutory prerequisites except verification. As noted above, the petition was merely signed by Taylor's attorney without verification; there was no verification of the petition by either the attorney or by Taylor himself.
Because it illustrates several important principles and it involves the same administrative agency, the same statute, and an analogous provision, we begin our review with a discussion of Kentucky Unemployment Ins. Com'n v. Carter, 689 S.W.2d 360 (Ky.1985). In Carter, the claimant sought judicial review in the circuit court but failed to name his former employer in the action as required by KRS 341.450(1). Id. at 360. The Court of Appeals held that the petition should not be dismissed because it was in substantial compliance with the provisions of KRS 341.450(1); however, upon review, citing to Board of Adjustments of City of Richmond v. Flood, 581 S.W.2d 1 (Ky.1978), this Court stated "we find no authority before the court to authorize the doctrine of substantial compliance in a case where the appeal process is statutorily created and implemented." Id. at 361.
In Flood, plaintiffs seeking judicial review under KRS 100.347 of a board of adjustments decision failed to comply with the statutory requirement of naming the planning commission as a party defendant. 581 S.W.2d at 2. We held that the complaint had to be dismissed for want of jurisdiction by reason of the failure to name all parties, stating:
Id. at 2 (citations omitted). It is a firmly rooted concept of law in this state that the courts have no jurisdiction over an appeal from an administrative agency action unless every statutory precondition is satisfied.
As indicated by the cases cited above in footnote 1, the principle underlying Carter is well established. The ruling of the lower courts is fully in accord with that principle. Taylor urges us now to adopt a less stringent standard of pleading for appeals from administrative agencies. However, we see no sound reason to depart from this well-settled principle of law, and therefore we decline the invitation. Hilen v. Hays, 673 S.W.2d 713, 717 (Ky.1984) (Stare decisis requires this Court to follow precedent set by prior cases, and this Court will only depart from such established principles when "sound legal reasons to the contrary" exist.).
Notwithstanding the authorities discussed in the preceding section, Taylor contends that the verification provision contained in KRS 341.450(1) requires only substantial compliance, and that he did substantially comply with the requirement because his attorney's signature on the petition constitutes "certification" under CR 11, and serves as the functional equivalent of "verification." He cites to Shamrock Coal Co., Inc. v. Taylor, where there was also imperfection in the verification of a petition for review of a KUIC ruling. 697 S.W.2d 952 (Ky.App.1985).
Although the opinion in Shamrock Coal does not explain the specific defect in the petition for review, it appears that it did not reflect that the claimant was properly sworn in connection with his verification effort. In holding that the imperfection was not fatal to the claim, the court stated as follows:
Id. at 953
Thus it appears that in Shamrock Coal, there was a good faith attempt at verification but that, for reasons the opinion fails to make clear, upon verification there was an irregularity in the administration of the oath. Id. The lack of detail in Shamrock Coal as to exactly what the defect in the verification was hampers our ability to fully consider the merits of the holding. However, it is apparent that in that case, some definitive effort at verification of the petition was made because the court refers to "a clear attempt at verification." Id. Thus, whereas in Shamrock Coal, there was a deliberate and, presumably, good faith effort at verification, here there was no effort at verification at all. As Taylor noted in his motion to amend his petition, "the original Petition herein inadvertently omitted the verification of the Petitioner." Consequently, Shamrock Coal is easily distinguishable from this case. If Shamrock Coal is our guide for substantial compliance, Taylor falls short of that mark.
Taylor also argues that because his petition was signed by his attorney, it actually complies with the verification provision of KRS 431.450(1). We regard this argument as a variation on the same theme as his substantial compliance argument. He reaches this conclusion by way of the following reasoning: CR 11 provides that "the signature of an attorney or party constitutes a certification ..." of a pleading. Certification of a pleading is the functional equivalent to "verification." Therefore, the certification of the petition by his attorney's signature effectively provides the verification required by KRS 341.450(1).
At the outset of our discussion of this point, let us note that we recognize Taylor's point that the petition for review need not be verified by the claimant; it may be verified instead by the claimant's attorney. But in this case Taylor's attorney merely signed the petition; he did not execute a verification of the petition. As relevant to his argument, CR 11 provides as follows:
Taylor's argument that certification under CR 11 should be treated as the equivalent of verification is not persuasive. CR 11 itself clearly distinguishes between the two processes, stating at one point, "[e]xcept when otherwise specifically provided by Rule or statute, pleadings need not be verified or accompanied by affidavit," and at another, "[t]he signature of an attorney or party constitutes a certification by him that he has read the pleading, motion or other paper...." Certification and verification are not the same.
In contrast, "certification" means "1. The act of attesting. 2. The state of having been attested. 3. An attested statement."
We therefore do not accept Taylor's argument that certification of the petition and verification of the petition are interchangeable acts. While the signature upon verification may suffice as a certification, the reverse is not true. A certification is not a verification, and where the legislature has commanded the latter, the former does not suffice.
As his final argument, Taylor contends that KRS Chapter 13B grants the circuit court jurisdiction over the controversy and thereby supercedes KRS 341.450. More specifically, he argues that KRS 13B.140, which generally prescribes the requirements for a petition seeking judicial review of an administrative agency order, does not require verification of the pleading. He also points to KRS 13B.020(1), which states:
Taylor contends that these provisions override the provisions of KRS 341.450(1), thereby vitiating, among other things, the verification provisions contained in that section. River Metals and KUIC respond, however, that proceedings before the Unemployment Insurance Commission are specifically exempted by other provisions of KRS Chapter 13B from these general provisions. See, e.g., KRS 13B.020(3)(g)(l ) (exempting "Unemployment Insurance hearings conducted under the authority of KRS Chapter 341" from KRS Chapter 13B).
For the foregoing reasons, the judgment of the Court of Appeals is affirmed.
All sitting. All concur.