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

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

(2) (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

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, their representatives and witnesses, and shall make an order or award and file it as specified in subsection (5) above

hear the parties at deemed advisable, issue, or, (6) if Effective:June 29, 2017 History; Repealed, reenacted, renumbered, and amended 2017 Ky.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