2017 Kentucky Revised Statutes
CHAPTER 49 - KENTUCKY CLAIMS COMMISSION
.040 Exclusive jurisdiction of commission -- Limitation on damage awards -- Hearing officers -- Agreed judgment or dismissal if settlement reached.
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49.040 Exclusive jurisdiction of commission -- Limitation on damage awards -Hearing officers -- Agreed judgment or dismissal if settlement reached.
(1) Regardless of any provision of law to the contrary, the jurisdiction of the
commission is exclusive, and a single claim for the recovery of money or a single
award of money shall not exceed two hundred fifty thousand dollars ($250,000),
exclusive of interest and costs. However, if a single act of negligence results in
multiple claims, the total award may not exceed four hundred thousand dollars
($400,000), to be equitably divided among the claimants, but in no case may any
claimant individually receive more than two hundred fifty thousand dollars
(2) Hearing officers, upon the direction of the chairperson, the commission, or the
commission's executive director, shall conduct hearings and otherwise supervise the
presentation of evidence and perform any other duties assigned to them by the
chairperson, the commission, or the commission's executive director, except that
such hearing officers shall not render final decisions, orders, or awards. However,
such hearing officers may, in receiving evidence on behalf of the commission, make
such rulings affecting the competency, relevancy, and materiality of the evidence
about to be presented and upon motions presented during the taking of evidence as
will expedite the preparation of the case.
(3) Upon recommendation to the commission by the attorney for the Commonwealth,
its cabinet, department, bureau, agency, or employee thereof, that a settlement has
been reached between the parties to the claim, and upon approval by the
commission that the settlement is reasonable for all parties concerned, an agreed
judgment or dismissal may be entered accordingly, even without a party's admission
Effective: June 29, 2017
History: Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 4,
effective June 29, 2017. -- Amended 2000 Ky. Acts ch. 304, sec. 4, effective July 14,
2000. -- Amended 1986 Ky. Acts ch. 279, sec. 1, effective July 15, 1986; and ch.
499, sec. 3, effective July 15, 1986. -- Amended 1978 Ky. Acts ch. 15, sec. 1,
effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 326, sec. 2. -- Amended 1972
Ky. Acts ch. 234, sec 1. -- Amended 1960 Ky. Acts ch. 25, sec. 1. -- Amended 1958
Ky. Acts ch. 52, sec. 1. -- Amended 1956 (1st Extra. Sess.) Ky. Acts ch. 7, Art XIII,
sec. 1. -- Amended 1950 Ky. Acts ch. 50, sec. 1. -- Created 1946 Ky. Acts ch. 189,
secs. 1 and 3, par. 1.
Formerly codified as KRS 44.070.
Formerly codified as KRS 176.290
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