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40.120 Notice of disapproval of claim to be sent to claimant -- Review
procedure.
(1)
(2)
(3)
(4)
(5)
If a claim is disapproved, the administrator shall send a notice of such decision
to the claimant by mail at the address shown in the application. The notice shall
be in such form as the administrator may determine, shall contain a
designation of the reason for disapproval, shall inform the claimant of his or her
right to seek review, shall have attached such form of request for review as the
administrator may prescribe, and shall give information as to procedure for
review.
Application for review of the administrator's disapproval shall be made only on
the forms prescribed and furnished by the administrator; and shall be received
in the office of the administrator by the closing hour in the thirtieth day after the
day upon which the notice of the disapproval is mailed by the administrator, or
be forever barred.
Upon receiving an application for review, the administrator shall transmit the
same, together with the original application and all papers in the case, to the
board of review, hereinafter created.
The board of review shall promptly consider the same evidence which was
available to the administrator, and shall promptly enter in the case file its
decision either finally affirming the administrator's decision, or finally
determining the claim and the amount thereof.
The board of review shall send a notice of its decision to the claimant by
certified mail, return receipt requested, and shall return the case file to the
administrator. The decision of the board of review shall be a final determination
of the claim shown in the application. There shall be no right of recourse on the
part of the claimant or the administrator in any court.
Effective:July 15, 1960
History: Amended 1980 Ky. Acts ch. 114, sec. 6, effective July 15, 1960. -Amended 1974 Ky. Acts ch. 315, sec. 3. -- Created 1960 Ky. Acts ch. 15,
sec. 12.
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