2009 Kentucky Revised Statutes CHAPTER 342 WORKERS' COMPENSATION 342.1231 Procedure for protesting special fund assessments -- Expenses of audits, how paid.
342.1231 Procedure for protesting special fund assessments -- Expenses of audits,
how paid.
(1) The funding commission may mail to the taxpayer a notice of any assessment
assessed by it. The assessment shall be final if not protested in writing to the <br>funding commission within thirty (30) days from the date of notice. The protest <br>shall be accompanied by a supporting statement setting forth the grounds upon <br>which the protest is made. Upon written request, the funding commission may <br>extend the time for filing the supporting statement if it appears the delay is <br>necessary and unavoidable. The refusal of such extension may be reviewed in the <br>same manner as a protested assessment.
(2) After a timely protest has been filed, the taxpayer may request a conference with the
funding commission. The request shall be granted in writing stating the date and <br>time set for the conference. The taxpayer may appear in person or by representative. <br>Further conferences may be held by mutual agreement.
(3) After considering the taxpayer's protest, including any matters presented at the final
conference, the funding commission shall issue a final ruling on any matter still in <br>controversy, which shall be mailed to the taxpayer. The ruling shall state that it is a <br>final ruling of the funding commission, generally state the issues in controversy, the <br>funding commission's position thereon and set forth the procedure for prosecuting <br>an appeal to the Kentucky Board of Tax Appeals.
(4) The taxpayer may request in writing a final ruling at any time after filing a timely
protest and supporting statement. When a final ruling is requested, the funding <br>commission shall issue such ruling within thirty (30) days from the date the request <br>is received by the funding commission.
(5) After a final ruling has been issued, the taxpayer may appeal to the Kentucky Board
of Tax Appeals pursuant to the provisions of KRS 131.340.
(6) The expenses incurred by the funding commission in conducting audits required in
this chapter shall be paid by the insurance companies in accordance with <br>administrative regulations promulgated by the funding commission.
(7) "Taxpayer" as used in this section means insurance carrier, self-insured group, and
self-insured employer.
Effective: March 1, 2005 <br>History: Amended 2005 Ky. Acts ch. 7, sec. 38, effective March 1, 2005. -- Created
1990 Ky. Acts ch. 33, sec. 5, effective July 13, 1990.
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