Kentucky Statutes 40.120 – Notice of disapproval of claim to be sent to claimant — Review procedure
Current as of: 2024 | Check for updates
|
Other versions
(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.
Effective: July 15, 1960
History: Amended 1980 Ky. Acts ch. 114, sec. 6, effective July 15, 1960. — Amended
1974 Ky. Acts ch. 315, sec. 3. — Created 1960 Ky. Acts ch. 15, sec. 12.
(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.
Terms Used In Kentucky Statutes 40.120
- Administrator: means the adjutant general of the Commonwealth. See Kentucky Statutes 40.010
- Certified mail: means any method of governmental, commercial, or electronic delivery that allows a document or package to have proof of:
(a) Sending the document or package. See Kentucky Statutes 446.010 - 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.
- Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
(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.
Effective: July 15, 1960
History: Amended 1980 Ky. Acts ch. 114, sec. 6, effective July 15, 1960. — Amended
1974 Ky. Acts ch. 315, sec. 3. — Created 1960 Ky. Acts ch. 15, sec. 12.