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346.080 Filing of claim -- Investigation -- Examination -- Hearing -- Order -Appeal.
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A claim, when accepted for filing, shall be assigned by the clerk of the board to
an investigator for investigation. All claims arising from the death of an
individual as a direct result of a crime shall be considered together.
The investigator to whom such claim is assigned shall examine the papers filed
in support of the claim and the validity of the claim. The investigation shall
include, but not be limited to, an examination of police, court, and official
records and reports concerning the crime.
If the mental, physical, or emotional condition of a victim or claimant is material
to a claim, the board may order the victim or claimant to submit to a mental or
physical examination by a physician or psychiatrist, and may order an autopsy
of a deceased victim. A report upon an examination shall be filed with the
investigator setting out findings, including results of all tests made, diagnosis,
prognosis, and other conclusions.
For purposes of this chapter, there is no privilege, except privileges arising
from the attorney-client relationship, as to communications or records relevant
to an issue of the physical, mental, or emotional condition of the claimant or
victim in a proceeding under this chapter in which that condition is an element.
Claims shall be investigated and determined, regardless of whether the alleged
criminal has been apprehended or prosecuted for or convicted of any crime
based upon the same incident, or has been acquitted, or found not guilty of the
crime in question owing to criminal irresponsibility or other legal exemption.
Upon completion of the investigator's report, the claim shall be assigned to a
board member who may decide the claim in favor of a claimant in the amount
claimed on the basis of the papers filed in support thereof and the report of the
investigation of the claim within thirty (30) days of the assignment of the claim.
If the board member is unable to decide the claim upon the basis of the papers
and the report, he shall order a hearing. The hearing shall be conducted in
accordance with KRS Chapter 13B.
After examining the papers filed in support of the claim and the report of
investigation, and after a hearing, if any, the board member to whom the claim
was assigned shall issue a recommended order either granting an award
pursuant to KRS 346.130 or deny the claim. The board shall review the
recommended order and any exceptions filed to it, and shall by majority vote
issue a final order.
A final order of the board may be appealed by the Attorney General or a
claimant by filing a petition for judicial review in Franklin Circuit Court in
accordance with KRS Chapter 13B.
Effective:July 15, 1996
History: Amended 1996 Ky. Acts ch. 318, sec. 329, effective July 15, 1996. -Amended 1990 Ky. Acts ch. 409, sec. 5, effective July 13, 1990. -- Created 1976
Ky. Acts ch. 263, sec. 8.
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