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346.040 Powers and duties of board.
The board shall have the following powers and duties:
(1) To establish and maintain necessary offices within this state, appoint employees and
agents as necessary, and prescribe their duties and compensation;
(2) To promulgate, amend, and repeal suitable administrative regulations to carry out
the provisions and purposes of this chapter, including administrative regulations for
the approval of attorney's fees for representation before the board or upon judicial
review as provided for in KRS 346.110;
(3) To hear and determine all matters relating to claims for compensation, and the
power to reinvestigate or reopen claims without regard to statutes of limitations;
(4) To request from prosecuting attorneys and law enforcement officers investigations
and data to enable the board to determine whether, and the extent to which, a
claimant qualifies for compensation. The statute providing confidentiality for
juvenile session of District Court records does not apply to proceedings under this
chapter;
(5) To hold hearings in accordance with the provisions of KRS Chapter 13B. The
powers provided in this subsection may be delegated by the board to any member or
employee thereof. If necessary to carry out any of its powers and duties, the board
may petition any Circuit Court for an order;
(6) To take or cause to be taken affidavits or depositions within or without the state;
(7) Upon the filing of an application by a claimant, to negotiate binding fee settlements
with the providers of services to claimants that may be eligible for an award under
KRS 346.130(3);
(8) To make available for public inspection all board decisions and opinions,
administrative regulations, written statements of policy, and interpretations
formulated, promulgated, or used by it in discharging its functions;
(9) To publicize widely the availability of reparations and information regarding the
claims therefor; and
(10) To make an annual report, by January 1 of each year, of its activities for the
preceding fiscal year to the Office of the State Budget Director and to the Interim
Joint Committee on Appropriations and Revenue. Each such report shall set forth a
complete operating and financial statement covering its operations during the year.
Effective: June 25, 2013
History: Amended 2013 Ky. Acts ch. 69, sec. 2, effective June 25, 2013. -- Amended
2002 Ky. Acts ch. 183, sec. 23, effective August 1, 2002. -- Amended 1996 Ky. Acts
ch. 318, sec. 328, effective July 15, 1996. -- Amended 1980 Ky. Acts ch. 188, sec.
179, effective July 15, 1980. -- Created 1976 Ky. Acts ch. 263, sec. 4.
Legislative Research Commission Note (6/25/97). 1996 Ky. Acts ch. 318, sec. 357,
effective July 15, 1996, repealed KRS 346.110, which is cited in subsection (2) of
this statute. Judicial review in this area is now treated by KRS 346.080(8).
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