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KRS 49.040

Exclusive jurisdiction of Board of Claims -- Limitation on damage awards -- Hearing officers -- Official records -- Agreed judgment or dismissal if settlement reached

Effective: June 29, 2021 History: Amended 2021 Ky

(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 not exceed two hundred fifty thousand dollars ($250,000), exclusive of interest and costs. However, if a single act of negligence results in multiple claims, the total award may not exceed four hundred thousand dollars ($400,000), to be equitably divided among the claimants, but in no case may any claimant individually receive more than two hundred fifty thousand dollars ($250,000).

(2) Hearing officers, upon the direction of the board, the board chair, or the executive director of the Office of Claims and Appeals shall conduct hearings and otherwise supervise the presentation of evidence and perform any other duties assigned to them by the board, the board chair, or the executive director of the Office of Claims and Appeals, except that such hearing officers shall not render final decisions, orders, or awards. However, such hearing officers may, in receiving evidence on behalf of the board, make such rulings affecting the competency, relevancy, and materiality of the evidence about to be presented and upon motions presented during the taking of evidence as will expedite the preparation of the case.

(3) The 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.

(4) Upon recommendation to the board by the attorney for the Commonwealth, its cabinet, department, bureau, agency, or employee thereof, that a settlement has been reached between the parties to the claim, and upon approval by the board that the settlement is reasonable for all parties concerned, an agreed judgment or dismissal may be entered accordingly, even without a party's admission to liability.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.