Kentucky Statutes 49.300 – Powers and duties of Crime Victims Compensation Board
Current as of: 2024 | Check for updates
|
Other versions
In addition to the powers and authority outlined in KRS § 49.020, the Crime Victims
Compensation Board shall have the following powers and duties:
(1) To promulgate, amend, and repeal suitable administrative regulations to carry out the provisions and purposes of KRS § 49.270 to KRS § 49.490, including administrative regulations for the approval of attorney‘s fees for representation before the board or upon judicial review;
(2) To hear and determine all matters relating to claims for compensation, and the power to reinvestigate or reopen claims without regard to statutes of limitations;
(3) To request from prosecuting attorneys and law enforcement officers investigations and data to enable the board to determine whether, and the extent to which, a claimant qualifies for compensation. The statute providing confidentiality for juvenile session of District Court records does not apply to proceedings under KRS
49.270 to 49.490;
(4) To hold hearings in accordance with the provisions of KRS Chapter 13B. The powers provided in this subsection may be delegated by the board to any member or employee thereof. If necessary to carry out any of its powers and duties, the board may petition any Circuit Court for an order;
(5) Upon the filing of an application by a claimant, to negotiate binding fee settlements with the providers of services to claimants that may be eligible for an award under KRS § 49.370(3);
(6) To make available for public inspection all board decisions and opinions, administrative regulations, written statements of policy, and interpretations formulated, promulgated, or used by it in discharging its functions;
(7) To publicize widely the availability of reparations and information regarding the claims therefor; and
(8) To make an annual report, by January 1 of each year, of its activities for the preceding fiscal year to the Office of the State Budget Director and to the Interim Joint Committee on Appropriations and Revenue. Each such report shall set forth a complete operating and financial statement covering its operations during the year.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 185, sec. 38, effective June 29, 2021. — Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 30, effective June 29, 2017. — Amended 2013 Ky. Acts ch. 69, sec. 2, effective June 25,
2013. — Amended 2002 Ky. Acts ch. 183, sec. 23, effective August 1, 2002. — Amended 1996 Ky. Acts ch. 318, sec. 328, effective July 15, 1996. — Amended 1980
Ky. Acts ch. 188, sec. 179, effective July 15, 1980. — Created 1976 Ky. Acts ch. 263, sec 4.
Legislative Research Commission Note (6/25/97). 1996 Ky. Acts ch. 318, sec. 357, effective July 15, 1996, repealed KRS § 346.110, which is cited in subsection (2) of this statute. Judicial review in this area is now treated by KRS § 346.080(8).
Formerly codified as KRS § 346.040.
Compensation Board shall have the following powers and duties:
Terms Used In Kentucky Statutes 49.300
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
- Year: means calendar year. See Kentucky Statutes 446.010
(1) To promulgate, amend, and repeal suitable administrative regulations to carry out the provisions and purposes of KRS § 49.270 to KRS § 49.490, including administrative regulations for the approval of attorney‘s fees for representation before the board or upon judicial review;
(2) To hear and determine all matters relating to claims for compensation, and the power to reinvestigate or reopen claims without regard to statutes of limitations;
(3) To request from prosecuting attorneys and law enforcement officers investigations and data to enable the board to determine whether, and the extent to which, a claimant qualifies for compensation. The statute providing confidentiality for juvenile session of District Court records does not apply to proceedings under KRS
49.270 to 49.490;
(4) To hold hearings in accordance with the provisions of KRS Chapter 13B. The powers provided in this subsection may be delegated by the board to any member or employee thereof. If necessary to carry out any of its powers and duties, the board may petition any Circuit Court for an order;
(5) Upon the filing of an application by a claimant, to negotiate binding fee settlements with the providers of services to claimants that may be eligible for an award under KRS § 49.370(3);
(6) To make available for public inspection all board decisions and opinions, administrative regulations, written statements of policy, and interpretations formulated, promulgated, or used by it in discharging its functions;
(7) To publicize widely the availability of reparations and information regarding the claims therefor; and
(8) To make an annual report, by January 1 of each year, of its activities for the preceding fiscal year to the Office of the State Budget Director and to the Interim Joint Committee on Appropriations and Revenue. Each such report shall set forth a complete operating and financial statement covering its operations during the year.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 185, sec. 38, effective June 29, 2021. — Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 30, effective June 29, 2017. — Amended 2013 Ky. Acts ch. 69, sec. 2, effective June 25,
2013. — Amended 2002 Ky. Acts ch. 183, sec. 23, effective August 1, 2002. — Amended 1996 Ky. Acts ch. 318, sec. 328, effective July 15, 1996. — Amended 1980
Ky. Acts ch. 188, sec. 179, effective July 15, 1980. — Created 1976 Ky. Acts ch. 263, sec 4.
Legislative Research Commission Note (6/25/97). 1996 Ky. Acts ch. 318, sec. 357, effective July 15, 1996, repealed KRS § 346.110, which is cited in subsection (2) of this statute. Judicial review in this area is now treated by KRS § 346.080(8).
Formerly codified as KRS § 346.040.