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346.060 Application for award.
(1)
(2)
(3)
(4)
A claim form may be filed by a person eligible to receive an award, as provided
in KRS 346.050 or, if such person is a minor, by his parent or guardian.
A claim form must be filed by the claimant not later than five (5) years after the
occurrence of the criminally injurious conduct upon which such claim is based,
or not later than five (5) years after the death of the victim; provided, however,
that upon good cause shown, the board may extend the time for filing if, in a
particular case, the interest of justice so requires.
Claims shall be filed in the office of the board in person or by mail. Only printed
claim forms supplied by the board shall be accepted. The board shall accept
for filing all claims submitted by persons eligible under subsection (1) of this
section and alleging the jurisdiction requirements set forth in this chapter and
meeting the requirements as to form in the rules and regulations of the board.
Upon filing of a claim pursuant to this chapter, the board shall promptly notify
the United States attorney (if a federal offense is involved), the
Commonwealth's attorney or county attorney of the county wherein the crime is
alleged to have occurred. If, within ten (10) days after such notification, such
United States attorney, Commonwealth's attorney, or county attorney advises
the board that a criminal prosecution is pending upon the same alleged crime
and requests that action by the board be deferred, the board shall defer all
proceedings under this chapter until such time as such criminal prosecution
has been concluded and shall so notify such United States attorney,
Commonwealth's or county attorney, and the claimant. When such criminal
prosecution has been concluded such United States attorney,
Commonwealth's or county attorney shall promptly so notify the board. Nothing
in this section shall limit the authority of the board to grant emergency awards
pursuant to KRS 346.120.
Effective:July 15, 1998
History: Amended 1998 Ky. Acts ch. 606, sec. 37, effective July 15, 1998. -Amended 1990 Ky. Acts ch. 409, sec. 4, effective July 13, 1990. -- Amended
1986 Ky. Acts ch. 299, sec. 4, effective July 15, 1986. -- Amended 1980 Ky.
Acts ch. 172, sec. 2, effective June 15, 1980. -- Amended 1978 Ky. Acts
ch. 297, sec. 2, effective June 17, 1978. -- Created 1976 Ky. Acts ch. 263,
sec. 6.
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