10 chapters · 565 sections in this title.
KRS § 49.010 Office of Claims and Appeals -- Administrative boards within office -- Executive director -- Powers and duties -- Crime Victims Compensation Board -- Trauma-informed training -- Requirement
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Executive director -- Powers and duties -- Crime Victims Compensation Board -- Trauma-informed training -- Requirement. (1) The Office of Claims and Appeals is created within the Public Protection Cabinet and shall constitute a statutory administrative office of the state governm…
KRS § 49.020 Membership and duties of Board of Tax Appeals, Crime Victims Compensation Board, and Board of Claims -- Required training
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Compensation Board, and Board of Claims -- Required training. (1) (a) As used in this section and KRS 49.220, "revenue and taxation agency" means and includes any agency of state or county government that issues final rulings, orders, or determinations affecting revenue and taxat…
KRS § 49.030 KRS 49.040 to 49.180 applicable to power and authority outlined in KRS 49.020(5)
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49.020(5). KRS 49.040 to 49.180 shall apply to the power and authority of the Board of Claims outlined in KRS 49.020(5).
KRS § 49.040 Exclusive jurisdiction of Board of Claims -- Limitation on damage awards -- Hearing officers -- Official records -- Agreed judgment or dismissal if settlement reached
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Hearing officers -- Official records -- Agreed judgment or dismissal if settlement reached. (1) Regardless of any provision of law to the contrary, the jurisdiction of the Board of Claims is exclusive, and a single claim for the recovery of money or a single award of money shall …
KRS § 49.050 Jurisdiction of Board of Claims as to municipal maintenance of state-owned traffic control devices
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traffic control devices. (1) The Board of Claims created by KRS 49.010 is hereby vested with full power, authority, and jurisdiction to investigate, hear proof, and compensate persons for damages sustained to either person or property as a proximate result of negligence on the pa…
KRS § 49.060 Legislative intent as to sovereign immunity in negligence claims
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It is the intention of the General Assembly to provide the means to enable a person negligently injured by the Commonwealth, any of its cabinets, departments, bureaus, or agencies, or any of its officers, agents, or employees while acting within the scope of their employment by t…
KRS § 49.070 State institutions of higher education declared agencies of state government for purposes of KRS 49.060 -- Jurisdiction of Board of Claims -- Sovereign immunity -- Exposure to asbestos claims
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for purposes of KRS 49.060 -- Jurisdiction of Board of Claims -- Sovereign immunity -- Exposure to asbestos claims. (1) For purposes of KRS 49.060, state institutions of higher education under KRS Chapter 164 are agencies of the state. (2) The Board of Claims shall have primary a…
KRS § 49.080 Venue of hearings -- Expenses of hearings outside offices
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(1) Hearings involving claimants who are residents of the Commonwealth shall be conducted in the county wherein the claim accrues, provided, however, that the parties may, with the approval of the Board of Claims, agree upon a place not within such county for the conduct of heari…
KRS § 49.090 Investigation of claims -- Claims under $2,500 may be investigated in-house -- Hearings on contested claims of $2,500 or more -- Order -- Filing fee
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-- Hearings on contested claims of $2,500 or more -- Order -- Filing fee. (1) The Board of Claims may require affected state agencies to investigate claims and the incidents on which they are based and to furnish to the board and the claimant in writing the facts learned by inves…
KRS § 49.100 Defense to claims
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The attorneys appointed by the Governor to represent the Commonwealth's cabinets, departments, bureaus, agencies, or officers, agents, or employees thereof may present any opposition the Commonwealth or any of its cabinets, departments, bureaus, agencies, or officers, agents, or …
KRS § 49.110 Compensation and expenses of Board of Claims, assistant Attorneys General, or attorneys appointed by Governor -- Payment of awards -- Operating costs paid out of general fund
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General, or attorneys appointed by Governor -- Payment of awards -- Operating costs paid out of general fund. (1) The assistant Attorneys General or attorneys appointed by the Governor to represent the Commonwealth's cabinets, departments, agencies or employees, agents, or office…
KRS § 49.120 When claims must be presented
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(1) All claims must be filed with the board within one (1) year from the time the claim for relief accrued. (2) The claim for relief shall be deemed to accrue at the time of the negligent act with regard to property damage. (3) The claim for relief for personal injury shall be de…
KRS § 49.130 Conditions of awards -- Reduction of award
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(1) An award shall be made only after consideration of the facts surrounding the matter in controversy, and no award shall be made unless the Board of Claims is of the opinion that the damage claimed was caused by such negligence on the part of the Commonwealth or its agents as w…
KRS § 49.140 Enforcement and entry of orders, awards, and judgments
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Orders, awards, and judgments of the Board of Claims may be enforced by filing in the office of the clerk of the Franklin Circuit Court an authenticated copy of the order, award, or judgment, which, when ordered entered by the judge of the court, shall be entered on the order boo…
KRS § 49.150 Appeal from award of Board of Claims
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(1) Appeals may be taken by a state agency from all awards of the Board of Claims where the amount in controversy, exclusive of interest and costs, is more than two thousand five hundred dollars ($2,500). Appeals shall be taken to the Circuit Court of the county wherein the heari…
KRS § 49.160 Appeal to Court of Appeals
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Appeals may be taken to the Court of Appeals under the same conditions and under the same practice as appeals are taken from judgments in civil causes rendered by the Circuit Court, but no motion for a new trial or bill of exceptions shall be necessary. The Court of Appeals shall…
KRS § 49.170 Exclusiveness of Board of Claims' award or judgment
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(1) Any action prosecuted to award, judgment, or final decision, including dismissal, under the provisions of KRS 49.040 to 49.180 shall preclude the right of a claimant to sue the Commonwealth, its cabinets, departments, bureaus, and agencies, and its officers, agents, or employ…
KRS § 49.180 Monetary threshold for claims brought before Board of Claims
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No claim shall be brought before the Board of Claims unless the value of the total amount of damages claimed therein is two hundred fifty dollars ($250) or greater.
KRS § 49.190 KRS 49.200 to 49.250 applicable to power and authority outlined in KRS 49.020(1)
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49.020(1). KRS 49.200 to 49.250 shall apply to the power and authority of the Board of Tax Appeals outlined in KRS 49.020(1).
KRS § 49.200 Record of Board of Tax Appeals
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The Board of Tax Appeals shall maintain the following records: (1) A register wherein the board shall enter by its title any proceedings appealed to it according to the date of its commencement. Thereafter, until after entry of the board's opinion and final order, there shall be …
KRS § 49.210 Location of hearings -- Expenses of hearings outside offices
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The Board of Tax Appeals may hold hearings at any location within the Commonwealth, with a view to securing opportunity to taxpayers to appear before it with as little inconvenience and expense as practicable. When any member or employee of the board is attending hearings at any …
KRS § 49.220 Exclusive jurisdiction of Board of Tax Appeals -- Notice of rulings of revenue and taxation agencies -- Appeals to board -- Procedure
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revenue and taxation agencies -- Appeals to board -- Procedure. (1) The Board of Tax Appeals is vested with exclusive jurisdiction to hear and determine appeals from final rulings, orders, and determinations of any revenue and taxation agency affecting revenue and taxation. Admin…
KRS § 49.230 Official records of proceedings of Board of Tax Appeals public in nature -- Exception -- Appeal procedure
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Exception -- Appeal procedure. (1) The Board of Tax Appeals shall maintain the official record of the appeal, including evidence entered into the record at a hearing on the appeal, and the final action taken on each appeal. All records of proceedings shall be public records, exce…
KRS § 49.240 Effect of final orders of Board of Tax Appeals -- Remand to agency --– Refund
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Refund. (1) The final orders of the Board of Tax Appeals shall be binding upon all parties until changed or modified by the courts of this state. If no appeal to the courts is prosecuted, the final order of the board shall constitute a final determination. (2) If the board finds …
KRS § 49.250 Judicial review of final orders of Board of Tax Appeals -- Stay of collection of tax
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of tax. (1) Any party aggrieved by any final order of the Board of Tax Appeals, except on appeals from a county board of assessment appeals, may appeal to the Franklin Circuit Court or to the Circuit Court of the county in which the party aggrieved resides or conducts his place o…
KRS § 49.260 KRS 49.270 to 49.490 applicable to power and authority of Crime Victims Compensation Board outlined in KRS 49.020
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Compensation Board outlined in KRS 49.020. KRS 49.270 to 49.490 shall apply to the power and authority of the Crime Victims Compensation Board outlined in KRS 49.020.
KRS § 49.270 Public purpose of indemnifying injured crime victims
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The General Assembly hereby declares that it serves a public purpose and is of benefit to the state to indemnify those needy persons who are innocent victims of criminal acts and who suffer bodily or psychological injury or death as a consequence thereof. Such persons or their de…
KRS § 49.280 Definitions for KRS 49.270 to 49.490
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As used in KRS 49.270 to 49.490: (1) "Child" means any person less than eighteen (18) years of age; (2) "Claimant" means any of the following claiming compensation under KRS 49.270 to 49.490: a victim, a dependent of a deceased victim, a third person other than a collateral sourc…
KRS § 49.290 Nonresident victims of criminal acts occurring in Kentucky -- Limits on operation of statute
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operation of statute. (1) "Victim" shall also include nonresidents of this state who suffer losses as a direct result of criminal acts occurring within this state. (2) This section shall be operative only during those time periods during which the Crime Victims Compensation Board…
KRS § 49.300 Powers and duties of Crime Victims Compensation Board
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In addition to the powers and authority outlined in KRS 49.020, the Crime Victims Compensation Board has the power and duty to: (1) Promulgate, amend, and repeal suitable administrative regulations to carry out the provisions and purposes of KRS 49.270 to 49.490, including admini…
KRS § 49.310 Eligibility for awards pursuant to KRS 49.270 to 49.490
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(1) Except as provided in subsection (2) of this section, the following persons shall be eligible for awards pursuant to KRS 49.270 to 49.490: (a) A victim of criminally injurious conduct; (b) A surviving family member or personal representative of a victim of criminally injuriou…
KRS § 49.320 Victim of hate crime deemed victim of criminally injurious conduct
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A person who suffers personal injury as a result of conduct in violation of KRS 532.031 is a victim of criminally injurious conduct as defined in KRS 49.280 and is eligible for awards pursuant to KRS 49.270 to 49.490. Effective:June 29, 2017
KRS § 49.330 Application for award -- Filing of claim form -- Notification requirements -- Exemptions
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Exemptions. (1) A claim form may be filed by a person eligible to receive an award, as provided in KRS 49.310 or, if the person is a minor, by his or her parent or guardian. (2) Claims shall be filed with the board in accordance with the administrative regulations promulgated by …
KRS § 49.340 Investigation of claim -- Examination of records and reports -- Hearing -- Expenses of hearings outside offices -- Order -- Appeal
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Expenses of hearings outside offices -- Order -- Appeal. (1) A claim, when accepted for filing, shall be assigned by the executive director of the Office of Claims and Appeals to an investigator for investigation. All claims arising from the death of an individual as a direct res…
KRS § 49.350 Failure to perfect claim -- Default -- Procedures
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Following the initial filing of a claim, if a claimant or victim does not take any further steps as may be necessary to support or perfect the claim as may be required by the Crime Victims Compensation Board within ninety (90) days after a requirement is made by the board, the cl…
KRS § 49.360 Emergency award pending final decision
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(1) Notwithstanding the provisions of KRS 49.340, if it appears to the Crime Victims Compensation Board member to whom a claim is assigned, prior to taking action upon the claim, that: (a) The claim is one with respect to which an award probably will be made; and (b) Undue hardsh…
KRS § 49.370 Award requirements -- Expenses allowed -- Amounts
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(1) No award shall be made unless the Crime Victims Compensation Board or board member, as the case may be, finds that: (a) Criminally injurious conduct occurred; and (b) The criminally injurious conduct resulted in personal physical or psychological injury to, or death of, the v…
KRS § 49.380 Collection actions against crime victim for debt related to expense covered under KRS 49.370(2) to cease pending resolution of claim submitted to board
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under KRS 49.370(2) to cease pending resolution of claim submitted to board. (1) Upon the filing of an application for a claim with the Crime Victims Compensation Board, all debt collection actions by a creditor or the creditor's agent, against the claimant for a debt or expense …
KRS § 49.390 Reduction of award -- Basis of denial, reconsideration, or reduction of award
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award. (1) Any award made pursuant to KRS 49.270 to 49.490 shall be reduced by the amount of any payments received or to be received by the claimant as a result of the injury from the following sources: (a) From or on behalf of the person who committed the crime; (b) Under insura…
KRS § 49.400 Effect of filing false information
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Any person who procures or attempts to procure compensation with the Crime Victims Compensation Board by intentionally filing information he or she knows to be false shall have the claim denied and be forever barred from filing a claim with this board.
KRS § 49.410 Manner of payment -- Annual reconsideration
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(1) The award shall be paid in a lump sum, except that in the case of death or protracted disability the award shall provide for periodic payments to compensate for loss of earnings or support. No award made pursuant to KRS 49.270 to 49.490 shall be subject to execution or attach…
KRS § 49.420 Lump-sum payment to survivors of police officer killed in line of duty
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(1) The Crime Victims Compensation Board may award a lump-sum payment not to exceed twenty-five thousand dollars ($25,000) to the family of a police officer employed by a city, county, or urban-county government who is killed in the line of duty as a police officer for such city,…
KRS § 49.430 Federal participation
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The Crime Victims Compensation Board may apply for funds from, and submit all necessary forms to, any federal agency participating in a cooperative program to compensate victims of crime.
KRS § 49.440 Records of proceedings are public records -- Confidentiality protected
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The Crime Victims Compensation Board shall maintain the official record of the claim, including evidence entered into the record at a hearing on the claim, and the final action taken on each claim. All records of proceedings shall be public records; provided, however, that any re…
KRS § 49.450 Contracts regarding crime -- Money to be paid to Crime Victims Compensation Board -- Disposition
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Compensation Board -- Disposition. (1) Every person contracting with any person or the representative or assignee of any person accused or convicted of a crime in this state, with respect to the reenactment of such crime, by way of a movie, book, magazine article, radio, or telev…
KRS § 49.460 Subrogation
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(1) No right of action at law against a person who has committed a criminal act for damages as a consequence of such act shall be lost as a consequence of receiving benefits under the provisions of KRS 49.270 to 49.490. In the event any person receiving benefits under KRS 49.270 …
KRS § 49.470 Award constitutes debt owed to state -- Manner of payment
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(1) Any payment of benefits to or on behalf of a victim under KRS 49.270 to 49.490 creates a debt due and owing to the state by any person found to have committed such criminal act in either a civil or criminal court proceeding in which he is a party. (2) The court when placing a…
KRS § 49.480 Crime victims' compensation fund
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(1) There is established in the State Treasury the crime victims' compensation fund, hereinafter referred to as the "fund," to be administered by the Crime Victims Compensation Board. Nothing herein shall be construed to limit the power of the court to order additional forms of r…
KRS § 49.490 Sexual assault victim assistance fund
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(1) There is established in the State Treasury the sexual assault victim assistance fund to be administered by the Crime Victims Compensation Board for the purpose of funding medical examinations for victims of sexual assault as provided in subsection (4) of this section and in K…
KRS § 49.990 Penalty for failure or refusal to obey subpoena or order of Board of Tax Appeals, Crime Victims Compensation Board, or Board of Claims
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Appeals, Crime Victims Compensation Board, or Board of Claims. Any person who fails or refuses to obey a subpoena or order of the Board of Tax Appeals, the Crime Victims Compensation Board, or the Board of Claims made pursuant to KRS Chapter 13B shall be fined not less than twent…