2017 Kentucky Revised Statutes CHAPTER 49 - KENTUCKY CLAIMS COMMISSION .090 Investigation of claims -- Claims under $2,500 may be investigated in-house -- Hearings on contested claims of $2,500 or more -- Order.
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49.090 Investigation of claims -- Claims under $2,500 may be investigated
in-house -- Hearings on contested claims of $2,500 or more -- Order.
(1) The commission may require affected state agencies to investigate claims and
the incidents on which they are based and to furnish to the commission and the
claimant in writing the facts learned by investigation. Such response shall be
sufficiently specific to support a decision by the commission to pay or deny the
claim. If the agency believes the state should refute a claim, the agency shall
cite the facts about the incident that support its belief.
(2) If the claim is under two thousand five hundred dollars ($2,500), it may be
investigated by the commission in-house and if the commission believes it
needs additional facts before deciding the claim, the parties may provide the
needed information by letter or as directed by the commission.
(3) The commission shall hold hearings on contested claims whose value is two
thousand five hundred dollars ($2,500) or greater but may decide claims under
two thousand five hundred dollars ($2,500) without a hearing.
(4) At its hearings, the commission, or any of its members, or any of its hearing
officers shall hear the parties at issue and their representatives and witnesses.
(5) The award or order shall be made by the commission or by a member
assigned by the chairperson within thirty (30) days after final submission,
except in cases involving large or complicated records or unusual questions of
law, and shall be made within ninety (90) days after final submission in any
event. The order or award, together with a statement of the findings of fact,
rulings of law, and other matters pertinent to the question at issue shall be filed
with the record of the claim and a copy of the order or award shall immediately
be sent to the parties in dispute.
(6) If an application for review is made to the commission within fourteen (14) days
from the date of the order or award, the full commission, if the first decision was
not made by the full commission, shall, as soon as practicable, review the
evidence, or, if deemed advisable, hear the parties at issue, their
representatives and witnesses, and shall make an order or award and file it as
specified in subsection (5) above.
Effective:June 29, 2017
History; Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74,
sec. 9, effective June 29, 2017. -- Amended 2000 Ky. Acts ch. 304, sec. 2,
effective July 14, 2000. -- Amended 1982 Ky. Acts ch. 355, sec. 1, effective July
15, 1982. -- Amended 1978 Ky. Acts ch. 299, sec. 1, effective June 17, 1978. -Created 1960 Ky. Acts ch. 25, sec. 3.
Formerly codified as KRS 44.086.
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