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40.120 Notice of disapproval of claim to be sent to claimant -- Review procedure.
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If a claim is disapproved, the administrator shall send a notice of such decision to
the claimant by mail at the address shown in the application. The notice shall be in
such form as the administrator may determine, shall contain a designation of the
reason for disapproval, shall inform the claimant of his or her right to seek review,
shall have attached such form of request for review as the administrator may
prescribe, and shall give information as to procedure for review.
Application for review of the administrator's disapproval shall be made only on the
forms prescribed and furnished by the administrator; and shall be received in the
office of the administrator by the closing hour in the thirtieth day after the day upon
which the notice of the disapproval is mailed by the administrator, or be forever
barred.
Upon receiving an application for review, the administrator shall transmit the same,
together with the original application and all papers in the case, to the board of
review, hereinafter created.
The board of review shall promptly consider the same evidence which was available
to the administrator, and shall promptly enter in the case file its decision either
finally affirming the administrator's decision, or finally determining the claim and
the amount thereof.
The board of review shall send a notice of its decision to the claimant by certified
mail, return receipt requested, and shall return the case file to the administrator. The
decision of the board of review shall be a final determination of the claim shown in
the application. There shall be no right of recourse on the part of the claimant or the
administrator in any court.
Effective: July 15, 1960
History: Amended 1980 Ky. Acts ch. 114, sec. 6, effective July 15, 1960. -- Amended
1974 Ky. Acts ch. 315, sec. 3. -- Created 1960 Ky. Acts ch. 15, sec. 12.
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