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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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