49.150 Appeal from award of Board of Claims.

461 words·~2 min read·/ky/chapter-49/49-150

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

(1)Appeals may be taken by a state agency from all awards of the Board of Claims

where the amount in controversy, exclusive of interest and costs, is more than two

thousand five hundred dollars ($2,500). Appeals shall be taken to the Circuit Court

of the county wherein the hearing was conducted, provided, however, that an appeal

involving a nonresident claimant may be taken by a state agency to the Franklin

Circuit Court. Appeals shall be taken within thirty

(30)days from the rendition of

the award, and the method of appeals shall follow as nearly as may be the rules of

civil procedure, except the Commonwealth shall not be required to execute bond.

(2)Any claimant whose claim is two thousand five hundred dollars ($2,500) or greater

may within thirty

(30)days after receipt of the copy of the report containing the

final decision of the board, file a proceeding in the Circuit Court of the county

wherein the hearing was conducted to review the decision of the board. A copy of

the filing and complaint shall be served on the Attorney General in the manner

provided by the rules of civil procedure.

(3)The board, the state agency, and the claimant shall be necessary parties to such

appeals. It shall not be necessary for the board to file responsive pleadings unless it

so desires.

(4)The executive director of the Office of Claims and Appeals shall within thirty

days after service of the summons file the entire original record , with the clerk of

the Circuit Court, after certifying that such record is the entire original record of the

Board of Claims and such record shall be considered by the Circuit Court in its

review. If either party requests a transcript of the evidence in writing, the requesting

party shall bear the cost of the original copy of the transcript and it shall be

furnished within ninety

(90)days from the date of the written request.

(5)On appeal no new evidence may be introduced, except as to fraud or misconduct of

some person engaged in the hearing before the board. The court sitting without a

jury shall hear the cause upon the record before it, and dispose of the appeal in a

summary manner, being limited to determining: Whether or not the board acted

without or in excess of its powers; the award was procured by fraud; the award is

not in conformity to the provisions of KRS 49.040 to 49.180; and whether the

findings of fact support the award. The court shall enter its findings on the order

book as a judgment of the court, and such judgment shall have the same effect and

be enforceable as any other judgment of the court in civil causes.