49.040 Exclusive jurisdiction of Board of Claims -- Limitation on damage awards --

326 words·~1 min read·/ky/49-040

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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 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.