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40.520 Notice of disapproval of claim to be sent to claimant -- Review procedure.
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If a claim is disapproved, the adjutant general 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 adjutant general may determine, contain a designation of the
reason for disapproval, inform the claimant of his right to seek review, have
attached such form of request for review as the adjutant general may prescribe, and
shall give information as to the procedure for review.
Application for review of a disapproval shall be made only on the forms prescribed
and be received in the designated office not later than the closing hour in the
thirtieth day after the day upon which the notice of disapproval is mailed, 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 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 registered
mail, and 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.
History: Created 1988 (1st Extra. Sess.) Ky. Acts ch. 6, sec. 12.
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