40.120 Notice of disapproval of claim to be sent to claimant -- Review procedure.

282 words·~1 min read·/ky/chapter-40/40-120

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

(1)If a claim is disapproved, the administrator shall send a notice of such decision to

the claimant by mail at the address shown in the application. The notice shall be in

such form as the administrator may determine, shall contain a designation of the

reason for disapproval, shall inform the claimant of his or her right to seek review,

shall have attached such form of request for review as the administrator may

prescribe, and shall give information as to procedure for review.

(2)Application for review of the administrator's disapproval shall be made only on the

forms prescribed and furnished by the administrator; and shall be received in the

office of the administrator by the closing hour in the thirtieth day after the day upon

which the notice of the disapproval is mailed by the administrator, or be forever

barred.

(3)Upon receiving an application for review, the administrator shall transmit the same,

together with the original application and all papers in the case, to the board of

review, hereinafter created.

(4)The board of review shall promptly consider the same evidence which was available

to the administrator, and shall promptly enter in the case file its decision either

finally affirming the administrator's decision, or finally determining the claim and

the amount thereof.

(5)The board of review shall send a notice of its decision to the claimant by certified

mail, return receipt requested, and shall return the case file to the administrator. The

decision of the board of review shall be a final determination of the claim shown in

the application. There shall be no right of recourse on the part of the claimant or the

administrator in any court.