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.

(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 investigation. Such response shall be sufficiently

specific to support a decision by the board 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 board in-house and if the board believes it needs additional facts

before deciding the claim, the parties may provide the needed information by letter

or as directed by the board.

(3) The board 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 board, or any of its members, or any of its hearing officers

appointed by the board shall hear the parties at issue and their representatives and

witnesses.

(5) The award or order shall be made 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 eve nt. 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 pa rties in

dispute.

(6) In cases over two thousand five hundred dollars ($2,500) that have been assigned to

a hearing officer or a member, the hearing officer or member shall tender a

recommended order to the full board. The final order in any claim heard by a single

member or hearing officer shall be made and entered by a majority of the board.

(7) In cases of two thousand five hundred dollars ($2,500) or less decided by a member,

a claimant may make an application for review to the full board within fourteen (14)

days from the date of the order or award. If an application is made, the full board

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.

(8) The Office of Claims and Appeals may promulgate an administrative regulation

authorizing a filing fee of no more than two hundred dollars ($200) for all appeals

that are brought before the Board of Tax Appeals and the Board of Claims.