{"data":{"id":"us-ky/krs-49.340","jurisdiction":"us-ky","citation":"KRS 49.340","heading":"Investigation of claim -- Examination of records and reports -- Hearing --","body":"Expenses of hearings outside offices -- Order -- Appeal.\n(1) A claim, when accepted for filing, shall be assigned by the executive director of the\nOffice of Claims and Appeals to an investigator for investigation. All claims arising\nfrom the death of an individual as a direct result of a crime shall be considered\ntogether.\n(2) The investigator to whom a claim is assigned shall examine the papers filed in\nsupport of t he claim and the validity of the claim. The investigation shall include\nbut not be limited to an examination of police, court, and official records and\nreports concerning the crime. On or after July 1, 2025, the investigator's report shall\nbe completed within one hundred twenty (120) days of the assignment of the claim.\nOn or after July 1, 2026, the investigator's report shall be completed within ninety\n(90) days of the assignment of the claim. If the report is not completed within the\ntime required under this subsection, the investigator shall notify the claimant of the\nreason for the delay.\n(3) If the mental, physical, or emotional condition of a victim or claimant is material to\na claim, the board may order the victim or claimant to submit to a mental or\nphysical examination by a physician or psychiatrist, and may order an autopsy of a\ndeceased victim. A report upon an examination shall be filed with the investigator\nsetting out findings, including results of all tests made, diagnosis, prognosis, and\nother conclusions.\n(4) Claims shall be investigated and determined, regardless of whether the alleged\ncriminal has been apprehended or prosecuted for or convicted of any crime based\nupon the same incident, or has been acquitted, or found not guilty of the crime  in\nquestion owing to criminal irresponsibility or other legal exemption.\n(5) Upon completion of the investigator's report, the claim shall be assigned to a board\nmember who may decide the claim in favor of a claimant in the amount claimed on\nthe basis of the papers filed in support thereof and the report of the investigation of\nthe claim within thirty (30) days of the assignment of the claim. If the board\nmember is unable to decide the claim upon the basis of the documents and the\nreport, a hearing shall be ordered.\n(6) The hearing shall be conducted in accordance with KRS Chapter 13B and may be\nheld at any location within the Commonwealth, with a view to securing opportunity\nfor crime victims to appear before it with as little inconvenience and expense as\npracticable. When any member of the board is attending hearings at any place other\nthan Frankfort, Kentucky, expenses necessarily incurred in the performance of that\nduty shall be paid by the state upon certification by the executive director of the\nOffice of Claims and Appeals of an itemized statement of expenses in accordance\nwith Finance and Administration Cabinet administrative regulations.\n(7) After examining the papers filed in support of the claim and the report of\ninvestigation, and after a hearing , if any, the board member to whom the claim was\nassigned shall issue a recommended order either granting an award pursuant to KRS\n49.370 or deny the claim. The board shall review the recommended order and any\nexceptions filed to it, and shall by majority vote issue a final order.\n(8) A final order of the board may be appealed by filing a petition for judicial review in\nthe county where the claim accrued or in Franklin Circuit Court in accordance with\nKRS Chapter 13B.","path":["KRS Chapter 49"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54911","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:10Z","sha256":"373229c4149e0be1f5ab4949b3da85782d347ddd7bb1870d9386401e6b87faac","source_id":"us-ky","stale":false,"prev":"us-ky/krs-49.330","next":"us-ky/krs-49.350"},"notice":"GroundRules: Original legal text. Not legal advice."}