Kentucky Statutes 40.520 – Notice of disapproval of claim to be sent to claimant — Review procedure
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(1) If a claim is disapproved, the adjutant general 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 adjutant general may determine, contain a designation of the reason for disapproval, inform the claimant of his right to seek review, have attached such form of request for review as the adjutant general may prescribe, and shall give information as to the procedure for review.
(2) Application for review of a disapproval shall be made only on the forms prescribed and be received in the designated office not later than the closing hour in the thirtieth day after the day upon which the notice of disapproval is mailed, 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 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 registered mail, and 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.
History: Created 1988 (1st Extra. Sess.) Ky. Acts ch. 6, sec. 12.
(2) Application for review of a disapproval shall be made only on the forms prescribed and be received in the designated office not later than the closing hour in the thirtieth day after the day upon which the notice of disapproval is mailed, or be forever barred.
Terms Used In Kentucky Statutes 40.520
- Administrator: means the adjutant general of the Commonwealth. See Kentucky Statutes 40.010
- Claimant: means one who seeks to obtain payment of a bonus claim. See Kentucky Statutes 40.010
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Registered mail: means any governmental, commercial, or electronic method of delivery that allows a document or package to have:
(a) Its chain of custody recorded in a register to enable its location to be tracked. See Kentucky Statutes 446.010
(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 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 registered mail, and 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.
History: Created 1988 (1st Extra. Sess.) Ky. Acts ch. 6, sec. 12.