Download pdf
Loading PDF...



<br><br>44.086 Investigation of claims -- Additional information on claims under &#36;1,000 -- <br>Hearings -- Order -- Review. <br>(1) The board may require affected state agencies to investigate claims and the <br>incidents on which they are based and to furnish to the board and the claimant in <br>writing the facts learned by investigation. Such response shall be sufficiently <br>specific to support a decision by the board to pay or deny the claim. If the agency <br>believes the state should refute a claim, the agency shall cite the facts about the <br>incident that support its belief. <br>(2) If the claim is under one thousand dollars (&#36;1,000) it will be investigated by the <br>board in-house and if the board believes it needs additional facts before deciding the <br>claim, the parties may provide the needed information by letter or as directed by the <br>board. <br>(3) The board shall hold hearings on contested claims whose value is one thousand <br>dollars (&#36;1,000) or greater but may decide claims under one thousand dollars <br>(&#36;1,000) without a hearing. <br>(4) At its hearings, the board, or any of its members, or any of its hearing officers shall <br>hear the parties at issue and their representatives and witnesses. <br>(5) The award or order shall be made by the board or by a member assigned by the <br>chairman within thirty (30) days after final submission, except in cases involving <br>large or complicated records or unusual questions of law, and shall be made within <br>ninety (90) days after final submission in any event. The order or award, together <br>with a statement of the findings of fact, rulings of law and other matters pertinent to <br>the question at issue shall be filed with the record of the claim and a copy of the <br>order or award shall immediately be sent to the parties in dispute. <br>(6) If an application for review is made to the board within fourteen (14) days from the <br>date of the order or award, the full board, if the first decision was not made by the <br>full board, shall, as soon as practicable, review the evidence, or, if deemed <br>advisable, hear the parties at issue, their representatives and witnesses, and shall <br>make an order or award and file it as specified in subsection (5) above. <br>Effective: July 14, 2000 <br>History: Amended 2000 Ky. Acts ch. 304, sec. 2, effective July 14, 2000. -- Amended <br>1982 Ky. Acts ch. 355, sec. 1, effective July 15, 1982. -- Amended 1978 Ky. Acts <br>ch. 299, sec. 1, effective June 17, 1978. -- Created 1960 Ky. Acts ch. 25, sec. 3. <br><br>