2014 Kentucky Revised Statutes CHAPTER 64 - FEES AND COMPENSATION OF PUBLIC OFFICERS AND EMPLOYEES 64.460 Illegal fee-bill may be examined by Circuit Judge -- Proceedings.
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64.460 Illegal fee-bill may be examined by Circuit Judge -- Proceedings.
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Any person who pays any fee-bill or claim for fees which he believes contains
an erroneous, improper or illegal item, or charge for services not actually
rendered, or does not comport with the law in every respect, may hand the
fee-bill to the Circuit Judge of the county in which he resides, and if there is any
item in the fee-bill not authorized by law or if it does not comport with the law in
every respect, the Circuit Judge shall quash the fee-bill, and order the officer to
repay the amount of the fee-bill to the person who paid it, and pay the costs of
the proceeding.
The judge shall enter a fine against the officer who issued the fee-bill, in favor
of the person aggrieved, of not less than one dollar ($1.00) nor more than four
dollars ($4.00) for each illegal item contained therein. The production of the
fee-bill by the party charged shall be prima facie evidence of its payment.
If the judge is of the opinion that there is no improper charge or illegal item in
the fee-bill, he shall restore it to the person placing it in his hands, without costs
or expense.
A fieri facias, indorsed that no surety is to be taken, may issue in behalf of the
person aggrieved for all the sums and costs adjudged under this section.
Before any judgment is entered under the provisions of this section, the
defendant in the proceeding must be given at least two (2) days' notice thereof
by rule or otherwise.
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 36. -- Recodified
1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat.
sec. 1758.
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