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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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